TITLE III: ADMINISTRATION
Chapter
30. GOVERNMENTAL STRUCTURE AND PROCEDURES
31. CITY OFFICIALS
32. PERSONNEL REGULATIONS AND POLICIES
Name and Boundaries
30.001 Name of city
30.002 Boundaries
Powers
30.015 Powers of city
30.016 Construction of rules
Form of Government
30.030 Form of government
30.031 City Council
30.032 (Reserved)
30.033 Mayor
30.034 Clerk and Treasurer appointment and removal
30.035 Council wards
30.036 (Reserved)
30.037 Vacancies
30.038 Qualifications of officer
City Council
30.050 Purpose
30.051 Meetings
30.052 Quorum
30.053 Record of proceedings
30.054 Meetings to be public
30.055 Mayor’s functions at City Council meetings
30.056 Mayor Pro Tem
30.057 Vote required
30.058 Interference in administration
30.059 Code of ethics
City Manager
30.060 Office created; appointment
30.061 Oath of office and bond
30.062 Compensation
30.063 Powers and duties
Powers and Duties of Officers
30.070 Mayor
30.071 City Clerk
30.072 Treasurer
30.073 Deputy City Clerk
30.074 Deputy City Treasurer
Elections
30.085 City elections
30.086 Regulations of elections
30.087 Canvass of returns
30.088 Tie votes
30.089 Commencement of terms of office
30.090 Oath of office
30.091 Nominations
30.092 Nonpartisan election
Vacancies in Office
30.105 What creates a vacancy
30.106 Filling vacancies
Ordinances
30.120 Ordaining clause
30.121 Powers to regulate
30.122 Adoption by Council
30.123 Effective date of nonemergency ordinance
Standing Rules
30.135 Meetings
30.136 Order of business
30.137 Agenda
30.138 New business
30.139 Presiding officer
30.140 Manner of voting
30.141 Reconsideration
30.142 Ad hoc committees
30.143 Standing committees
30.144 Resolutions
30.145 Preparation of ordinances
30.146 Enforcement of decorum
30.147 Suspension of rules
30.148 Rules of procedure
Travel and Meeting Expenses for
Mayor and Councilmembers
30.160 Payment for travel and meetings; approval; purpose
Farmer City – Administration
30.161 Criteria for reimbursement
30.162 Additional attendance expenses
30.163 Expense reports; receipts
30.164 Travel advances
Gift Ban Provisions
30.170 Adoption of act
30.171 Ethics officer
30.172 Ethics Commission; complaints
30.173 Future amendments to State Gift Ban Act
NAME AND BOUNDARIES
§ 30.001 NAME OF CITY.
The municipality of the City of Farmer City, DeWitt County, Illinois, shall continue to be a municipal corporation with the name Farmer City.
(Ord. 568a, passed 3-18-91)
§ 30.002 BOUNDARIES.
The city shall include all territory encompassed by its boundaries as of June 1, 1990, or as they are hereafter modified pursuant to law. The custodian of the city’s records shall keep an accurate, up-to-date description of the boundaries. The copies and descriptions shall be available for public inspection during regular office hours. (Ord. 568a, passed 3-18-91)
POWERS
§ 30.015 POWERS OF CITY.
The city has all powers which the constitutions, statutes and common law of the United States and of this state expressly or impliedly grant or allow municipalities as fully as though this chapter specifically enumerated each of those powers. (Ord. 568a, passed 3-18-91)
§ 30.016 CONSTRUCTION OF RULES.
In this chapter no mention of a particular power shall be construed to be exclusive or to restrict the scope of the powers which the city would have if the particular power were not mentioned. This chapter shall be liberally construed to the end that the city may have all powers necessary or convenient for the conduct of its municipal affairs, including all powers that cities may assume pursuant to state laws. (Ord. 568a, passed 3-18-91)
30.017 DISTRIBUTION OF POWER.
Except as state statute prescribes otherwise and as the Illinois Constitution reserves municipal legislative power to the voters of the city, all powers of the city are vested in the City Council. (Ord. 568a, passed 3-18-91)
FORM OF GOVERNMENT
§ 30.030 FORM OF GOVERNMENT.
The city shall operate under the managerial form of municipal government as provided for in ILCS Ch. 65, Act 5. (Ord. 756, passed 4-16-01)
§ 30.031 CITY COUNCIL.
The City Council shall be elected at large and shall consist of a Mayor and four Councilmembers according to ILCS Ch. 65, Act 5, § 5-2-12. The powers of the council or board shall be purely legislative, except as may be otherwise provided by state law. The council shall approve for payment of all expenses and liabilities of the municipality (ILCS Ch. 65, Act 5, § 5-3-6). (Ord. 756, passed 4-16-01)
§ 30.032 (RESERVED)
§ 30.033 MAYOR.
The Mayor, is the Chief Executive Officer of the municipality. He is elected at large and shall be elected for a term of four years. (Ord. 568a, passed 3-18-91)
§ 30.034 CLERK AND TREASURER APPOINTMENT AND REMOVAL.
(A) The City Clerk and City Treasurer shall be appointed by the City Council from time to time by majority vote, after the City Manager has presented a recommendation concerning a person or persons to serve in such offices.
(B) The City Clerk or City Treasurer are subject to removal by the appointing authority, at any time.
(Ord. 568a, passed 3-18-91; Am. Ord. 806, passed 11-1-04)
Statutory reference:
Authorization of appointment of clerk and treasurer, see ILCS Ch. 65, Act 5, § 5-2-19.2-14
§ 30.035 COUNCIL WARDS.
For the purpose of electing members to the City Council, the city shall be divided into three wards of approximately equal population. The boundaries of the wards in existence at the time this chapter is adopted shall remain in effect until such time as the wards are redefined by City Council. The Council shall, by ordinance, redefine the boundaries of the wards as necessary to accord persons in the city equal protection of the laws. When the boundaries of the wards are redefined, each ward shall have one continuous boundary. Within three months after available data from a decennial census of the United States Census Bureau or any other official census commissioned by the city indicates that the boundaries deny equal protection of the laws, the Council shall re-specify the boundaries so as to accord equal protection of the laws. (Ord. 568a, passed 3-18-91)
§ 30.036 (RESERVED)
§ 30.037 VACANCIES.
If a vacancy occurs in the Office of Mayor or Councilmember, the remaining members of the City Council, within 60 days after the vacancy occurs, shall fill the vacancy by appointment of some person to the office for the balance of the unexpired term or until the vacancy is filled by interim election following ILCS Ch. 65, Act 5, § 3.1-10-50, and until the successor is elected and has qualified.
(Ord. 568a, passed 3-18-91; Am. Ord. 756, passed 4-16-01)
§ 30.038 QUALIFICATIONS OF OFFICER.
(A) To be eligible for an elective city office, a person must be a qualified elector within the meaning of the state constitution and have resided in the city during the past year immediately preceding their election. For purposes of this division, CITY means the area included in the corporate limits as of the date of the election.
(B) To serve as an Alderman elected from a ward, the candidate must have resided within the ward he or she seeks to represent for six months immediately preceding the last day available for filing for election or appointment and must continue to reside in the ward throughout his or her term of office.
(C) Removal of an officer’s principal residency from the city or from the area he or she represents shall create a vacancy in the office for which elected, to be filled in the manner other vacancies in that office are filled.
(D) No city employee or appointive officer may serve on the City Council.
(E) A city office holder may not be in arrears in payment of any tax or any other indebtedness to the city.
(F) Except as otherwise provided in the Charter, the Council is the final judge of the qualifications and election of its own members.
(Ord. 568a, passed 3-18-91)
CITY COUNCIL
§ 30.050 PURPOSE.
It shall be the purpose of the City Council to make or create those policies necessary for the effective operation of the city. Those policies shall take the form of ordinances, resolutions or motions, whichever is appropriate for the situation. The Council shall also be responsible for a continuous review of policies in effect, to see that they are applicable, current and effective for the operation of the city and the well being of its citizens. No policy shall be deemed to be in effect unless explicitly approved by the City Council.
(Ord. 568a, passed 3-18-91)
§ 30.051 MEETINGS.
The City Council shall hold two regular meetings each month. The regular meetings of the City Council shall be held on the first and third Mondays of each month at 7:00 p.m., at the Council Chambers in City Hall, 105 S. Main Street, Farmer City, Illinois, or such other location as the City Council by motion shall determine.
(Ord. 568a, passed 3-18-91; Am. Ord. 754, passed 1-8-01)
§ 30.052 QUORUM.
A majority of the incumbent members of the City Council shall constitute a quorum for its business, but a smaller number may meet and compel the attendance of absent members in the manner provided by ordinance.
(Ord. 568a, passed 3-18-91)
§ 30.053 RECORD OF PROCEEDINGS.
The City Council shall cause a record of its proceedings to be kept in a manner consistent with state law.
(Ord. 568a, passed 3-18-91)
§ 30.054 MEETINGS TO BE PUBLIC.
All deliberations and proceedings of the City Council shall be public except as otherwise authorized by state law.
(Ord. 568a, passed 3-18-91)
§ 30.055 MAYOR’S FUNCTIONS AT CITY COUNCIL MEETINGS.
The Mayor shall preside at all meetings of the Council and shall:
(A) Be entitled to vote on all issues that come before the Council, but shall have no power to veto;
(B) Interpret and enforce rules of procedure; and
(C) Appoint, with the approval of the Council, members of the Council to committees.
(Ord. 568a, passed 3-18-91; Am. Ord. 756, passed 4-16-01)
§ 30.056 MAYOR PRO TEM.
If a temporary absence or disability of the Mayor incapacitates him from the performance of his duties but does not create a vacancy in the office, the City Council shall appoint a Mayor Pro Tem from one of its members. In the Mayor’s absence from a Council meeting, the Mayor Pro Tem shall preside over it.
Whenever the Mayor is unable to perform the functions of his office, the Mayor Pro Tem shall act as Mayor.
(Ord. 568a, passed 3-18-91)
Statutory reference:
Mayor Pro Tem, see ILCS Ch. 65, Act 5, § 3-11-7
§ 30.057 VOTE REQUIRED.
Except as state statute otherwise provides, the express concurrence of a majority of the members of the City Council voting when a quorum of the Council is present at the Council meeting, shall be necessary to decide any question before the Council.
(Ord. 568a, passed 3-18-91)
§ 30.058 INTERFERENCE IN ADMINISTRATION.
Elected officials of the city shall not coerce or attempt to coerce any city employee in carrying out the duties of the office; or coerce or attempt to coerce any city employee in making an appointment or in removal of an officer or employee or in purchasing equipment, services or supplies; or attempt to exact a promise relative to an appointment from any candidate. The Mayor and members of the City Council may however discuss matters of city administration as part of the Council’s regular agenda. This regulation shall not alter the responsibilities of any city officials as otherwise provided for in this chapter. A violation of this section may occasion the censure of the offending member of the Council by the Council, or removal from office by a court of competent jurisdiction.
(Ord. 568a, passed 3-18-91)
§ 30.059 CODE OF ETHICS.
Elected and appointed officials of the city will maintain the highest standards of ethical and legal behavior that are expected and respected by the citizens of the city. The City Council may therefore consider and adopt a code of ethics, detailing such standards and the actions that the Council might take in response to any violations of the code.
(Ord. 568a, passed 3-18-91)
CITY MANAGER
§ 30.060 OFFICE CREATED; APPOINTMENT.
The office of City Manager is created. The City Council shall appoint a City Manager, who shall be the administrative head (chief administrative officer) of the municipal government and shall be responsible for the efficient administration of all departments. The City Manager shall be appointed, without regard to his or her political beliefs, for an indefinite term by a majority of the City Council. The City Manager need not be a resident of the city. The City Manager may at any time be removed from office by a majority vote of the members of the City Council.
(Ord. 756, passed 4-16-01)
§ 30.061 OATH OF OFFICE AND BOND.
(A) Before entering upon the duties of City Manager, the appointee shall take and subscribe to the oath or affirmation required by the Illinois Constitution.
(B) The City Manager shall furnish a bond in such amount and with such surety as may be approved by the corporate authorities, such bond to be conditioned upon the faithful performance of his or her duties. The cost of the bond shall be paid by the city. The bond of the City Manager may be part of a blanket bond.(Ord. 756, passed 4-16-01)
§ 30.062 COMPENSATION.
The City Manager shall receive such compensation as the corporate authorities shall from time to time establish. The conditions of the City Manager’s appointment may be set forth in an agreement, although such agreement may not limit the City Manager’s appointment to a definite term nor shall any such agreement extend beyond the term of the then-sitting Mayor.
(Ord. 756, passed 4-16-01)
§ 30.063 POWERS AND DUTIES.
(A) The City Manager shall have the duty and is empowered to:
(1) Exercise all powers and duties set forth by statute;
(2) Perform such duties as directed by the City Council that are not in conflict with ILCS Ch. 65, Act 5, §§ 5-1-1 et seq.;
(3) Enforce the law within the city, insofar as such enforcement is within the powers of the city;
(4) Appoint and remove all employees, including supervisors and department heads. No appointment shall be made upon any basis other than that of merit and fitness;
(5) Designate himself or herself or another employee to perform the duties of any officer or position which is vacant or which lacks proper administration;
(6) Exercise control of all departments, divisions; including the direction, appointment, assignment and dismissal of all employees as is necessary to the proper functioning of the city;
(7) Appoint and remove all officers who are not required to be elected by ILCS Ch. 65, Act 3.1, including but not limited to the corporation counsel, City Attorney and City Prosecutor;
(8) Have all the powers and exercise all the duties granted by Illinois Compiled Statutes to city clerks and comptrollers with respect to the preparation of a report of estimated funds necessary to defray the expenses of the city for the fiscal year for the consideration of the corporate authorities prior to the preparation of the annual appropriation ordinance;
(9) Attend all meetings of the City Council with the right to take part in discussions, but with no right to vote;
(10) Recommend to the City Council for adoption such measures as he or she may deem necessary or expedient;
(11) Perform such other duties as may be prescribed by ILCS Ch. 65, Act 5 or that may be prescribed by ordinance or resolution of the City Council;
(12) Exercise all the powers and duties provided for in ILCS Ch. 65, Act 5 as budget officer;
(13) Investigate complaints in relation to matters concerning the administration of the government of the city, and see that all franchises, permits and privileges granted by the city are faithfully observed;
(14) Examine all proposed contracts to which the city may be a party and sign on behalf of the city any contract authorized by the City Council, except where the Council directs that another officer do so, and see that the terms of any contract to which the city is a party are fully performed by all parties thereto;
(15) Serve as the general purchasing agent of the city and make all purchases of supplies, materials, and equipment authorized by the Council, in the manner prescribed by law and subject to limitations imposed by law and by the city’s appropriation or budget ordinance;
(16) Keep a current inventory of all real and personal property of the city and the location of such property and be responsible for the care and custody of all city property that is not assigned to another officer or body for care and control; and
(17) Designate in writing an administrative official of the city to act as city manager during his or her absence from the city and file such designation with the City Clerk.
(B) In the event that ILCS Ch. 65, Act 5 shall be amended to change the powers and duties of the City Manager, the provisions of this section shall likewise be deemed to be amended so that the City Manager’s powers and duties are the maximum permitted by law.
(Ord. 756, passed 4-16-01)
POWERS AND DUTIES OF OFFICERS
§ 30.070 MAYOR.
(A) The Mayor shall be elected from the city at large and shall:
(1) Be the chief executive officer of the city;
(2) Preside at all meetings of the Council and be entitled to vote on all issues that come before the Council, but have no power to veto;
(3) Be recognized as the official head of the city by the courts for the purpose of serving legal process and by the Governor for all legal purposes;
(4) Be the local liquor control commissioner, and be charged with the administration of the appropriate provisions of the state liquor control act, or this chapter, and of such ordinances, resolutions, rules and regulations relating to alcoholic liquor as hereinafter may be adopted. Whenever in this chapter the commissioner shall be referred to, it shall include such other persons as may be appointed by the commissioner to assist in the performance of the commissioner’s duties hereunder (ILCS Ch. 235, Act 5, § 4-2);
(5) Represent the city at ceremonial occasions (ILCS Ch. 65, Act 5, § 5-2-12(j));
(6) With the approval and consent of the Council, appoint members of those boards, committees, and commissions where the Mayor is directed to make appointments by statute, ordinance or resolution;
(7) Remove appointed board, committee, and commission members on formal charges; and
(8) Serve when appointed or elected to serve on intergovernmental agency boards, commissions or committees to represent the interests of the city.
(B) The Mayor may, as provided by ILCS Ch. 65, Act 5, § 3.1-35-30, may designate another to affix his or her signature to any written instrument that requires the Mayor’s signature. The Mayor must send written notice of this designation to the City Council stating the name of the person selected and what instrument(s) that person will have the authority to sign.
(Ord. 568a, passed 3-18-91; Am. Ord. 756, passed 4-16-01)
§ 30.071 CITY CLERK.
Duties, including the statutory duties appearing in ILCS Ch. 65, Act 5 and those contained elsewhere in this code, imposed upon the City Clerk are as follows:
(A) To publish all proceedings of, and all ordinances, by statute required to be published, and which are passed by the Council in the official publication of the city, within ten days of the approval thereof;
(B) To keep an index of all Council proceedings, and of all ordinances and resolutions presented or passed, and of all petitions filed;
(C) To issue and sign all licenses except liquor licenses, subject to the requirements of applicable law, and to keep an accurate record thereof;
(D) To serve or cause to be served all notices, which are required by statutes, ordinance, or order of the Mayor or City Council to be served in the manner required by law, unless some other person is given the duty to serve a notice by statute or ordinance;
(E) To act as the sole custodian of the city seal;
(F) To keep a complete and accurate file of the official papers and documents of the city and to arrange the same in systematic order for ready reference;
(G) To countersign all contracts, bonds or other agreements in writing, or evidence of indebtedness, made in the name of the city and by authority of the City Council;
(H) To keep a list of all committees, boards and commissions and of the business from time to time referred to them respectively, and a memorandum of all reports made by them;
(I) To perform all, and such duties as are, from time to time imposed upon the City Clerk by the Council;
(J) To keep a record of all the maps, plats and subdivisions of the property within the boundaries of the city; and, to be the custodian of the city plat book; and
(K) To keep a record of all ordinances and resolutions of the city.
(Ord. 806, passed 11-1-04)
§ 30.072 TREASURER.
Duties, including the statutory duties appearing in ILCS Ch. 65, Act 5 and those contained elsewhere in this code, imposed upon the City Treasurer are as follows:
(A) Prepare and file with the City Clerk within six months after the end of the fiscal year an account of monies received and expenditures incurred during the proceeding fiscal year in accordance with ILCS Ch. 65, Act 5, § 3.1-35-56.
(B) Upon authorization by the City Council, by passage of a claim ordinance related thereto, to pay all vouchers and warrants.
(C) To keep a record of all warrants or vouchers drawn on the city, stating the date, number and amount thereof, to whom payable, and against what city fund drawn.
(D) Pursuant to such investment policies as may from time to time be approved by the City Council, to deposit the money of the city in any authorized depository.
(Ord. 806, passed 11-1-04)
§ 30.073 DEPUTY CITY CLERK.
In the absence of the City Clerk, any deputy city clerk appointed by the City Council from time to time by majority vote, after the City Manager has presented a recommendation concerning such person or persons to serve in such offices, shall have the duty to exercise any power vested in the City Clerk or to perform any duty which the City Clerk is required to perform, unless otherwise expressly provided in this code. The deputy clerks may execute official documents as deputy clerk, and their signatures thereon shall have the same effect as if signed by the City Clerk.
(Ord. 806, passed 11-1-04)
§ 30.074 DEPUTY CITY TREASURER.
In the absence of the City Treasurer, any deputy city treasurer appointed by the City Council from time to time by majority vote, after the City Manager has presented a recommendation concerning such person or persons to serve in such offices, shall have the duty to exercise any power vested in the City Treasurer or to perform any duty which the City Treasurer is required to perform, unless otherwise expressly provided in this code. The deputy treasurers may execute official documents as deputy treasurer, and their signatures thereon shall have the same effect as if signed by the City Treasurer.
(Ord. 806, passed 11-1-04)
ELECTIONS
§ 30.085 CITY ELECTIONS.
Regular city elections shall be held at the same times and places as the general biennial elections for the state, in accordance with state law.
(Ord. 568a, passed 3-18-91)
§ 30.086 REGULATIONS OF ELECTIONS.
Except as this chapter provides relating to elections, the general laws of the state shall apply to all city elections.
(Ord. 568a, passed 3-18-91)
§ 30.087 CANVASS OF RETURNS.
In all elections held in conjunction with state and county elections, the state laws governing the filing of returns by the County Clerk shall apply. The results of all elections shall be filed with the City Clerk. Within five days after the results of an election or appointment is made, the City Clerk shall notify all persons elected or appointed to office, of their election or appointment.
(Ord. 568a, passed 3-18-91)
§ 30.088 TIE VOTES.
In the event of a tie vote of candidates for an elective office, the successful candidate shall be determined by a public drawing of lots in a manner prescribed by the City Council.
(Ord. 568a, passed 3-18-91)
§ 30.089 COMMENCEMENT OF TERMS OF OFFICE.
The term of office of a person elected to a city office at a regular election commences at the first City Council meeting of May following the proclamation of the results of the regular municipal election at which such officers were elected.
(Ord. 568a, passed 3-18-91)
§ 30.090 OATH OF OFFICE.
Before commencing the duties of office, each elective officer shall take an oath or shall affirm faithful performance of the duties of the office and support for the constitutions and laws of the United States and state.
(Ord. 568a, passed 3-18-91)
§ 30.091 NOMINATIONS.
Any candidate for an elective office may be nominated by filing with the City Clerk a petition in such form as may be prescribed by state statute. The signers of a petition for Alderman from a particular ward shall be legal voters residing within that ward; but if the petition is for Mayor, Clerk or Treasurer that petition may be signed by legal voters residing in any ward in the city. Subject to the requirements of this section, a legal voter may sign more than one nominating petition for the same office. No candidate for office may file for more than one elective city position.
(Ord. 568a, passed 3-18-91)
§ 30.092 NONPARTISAN ELECTION.
A nonpartisan election shall be as hereafter provided by the constitution or general laws of the state regulating elections, and on the day and month fixed for such elections. The candidate who receives the majority of the votes cast at the election for the office is elected to that office.
(Ord. 568a, passed 3-18-91)
VACANCIES IN OFFICE
§ 30.105 WHAT CREATES A VACANCY.
(A) An office becomes vacant upon the incumbent’s:
(1) Death;
(2) Adjudicated incompetence or conviction of a crime of a nature which by state law, disqualifies a person from holding public office;
(3) Resignation;
(4) Ceasing to posses the qualifications for office; or
(5) Failure, following ten days after notice of election or appointment to the office to qualify.
(B) An office becomes vacant upon declaration by the Council of the vacancy in case of the incumbent’s:
(1) Termination of residency in the city;
(2) Termination of a City Council member’s principal residency in the area he or she represents; or
(3) Absence from Council meetings for any reason other than illness or injury, for a consecutive 30-day period without the Council’s consent.
(Ord. 568a, passed 3-18-91)
§ 30.106 FILLING VACANCIES.
A vacancy in the City Council shall be filled by appointment by the Mayor with advice and consent of the Council. The appointee’s term shall begin immediately upon his or her appointment and qualification and shall continue through until the next regular election. The election will then fulfill the unexpired term of the vacant office.
(Ord. 568a, passed 3-18-91)
§ 30.120 ORDAINING CLAUSE.
The ordaining clause of an ordinance shall be: “Be it ordained, by the City Council of the city of Farmer City as follows.”
(Ord. 568a, passed 3-18-91)
§ 30.121 POWERS TO REGULATE.
The City Council has the authority to pass ordinances and make all rules and regulations proper or necessary, to carry into effect the powers granted to the city, with such fines or penalties as may be deemed proper. No fine or penalty except civil penalties for failure to make returns or pay any taxes levied by the city shall exceed limits set by state statute.
(Ord. 568a, passed 3-18-91)
§ 30.122 ADOPTION BY COUNCIL.
(A) An ordinance may be enacted at a single meeting of the City Council by unanimous vote of all Councilmembers, upon being read by title only unless otherwise provided by statute. If a request is made by any Councilmember for the ordinance to be read in full, the ordinance shall be read fully and distinctly prior to vote on the ordinance. No ordinance may be considered for approval in a single meeting, upon reading by title only, unless at least three days before the reading a copy of the ordinance was provided for each Councilmember and three copies of the ordinance were available for public inspection in the office of the City Clerk, and notice of the availability of the ordinance was posted at city hall.
(B) If, after first reading of the ordinance in full or by title, the Council does not unanimously approve adoption of the ordinance, the ordinance shall be brought back to the Council for a second reading at the next regular Council meeting. The second reading may be by title only, unless a Councilmember requests that the ordinance be read in full and a majority of the Council concurs that the ordinance should be read in full. Adoption of an ordinance after second reading requires the express concurrence of a majority of the members of the Council. If an ordinance fails to receive a majority approval on first reading, it may be brought back to the Council only if a majority of the City Council agrees to consider its possible adoption.
(C) An ordinance read by title only has no legal effect if it differs substantially from its terms as it was filed prior to the reading unless each section so differing is read fully and distinctly in open Council meeting before the Council adopts the ordinance.
(D) Upon the adoption of an ordinance, the ayes and nays of the Councilmembers shall be entered in the record of the Council proceedings.
(E) After adoption of an ordinance, the City Clerk shall endorse it with the date of adoption and the endorser’s name and title of office. The Mayor shall also sign the ordinance and include thereon the date of signing and the title of office.
(Ord. 568a, passed 3-18-91; Am. Ord. passed 11-15-93)
§ 30.123 EFFECTIVE DATE OF NONEMERGENCY ORDINANCE.
A non-emergency ordinance takes effect as prescribed in the state statutes.
(Ord. 568a, passed 3-18-91)
STANDING RULES
§ 30.135 MEETINGS.
The City Council shall hold two regular meetings each month. The regular meetings of the City Council shall be held on the first and third Mondays of each month at 7:30 p.m. at the Council Chambers in city hall, or such other location as the City Council by motion shall determine.
(Ord. 568a, passed 3-18-91)
§ 30.136 ORDER OF BUSINESS.
(A) In the conduct of the business of the City Council, the following procedures shall be substantially followed
(1) Roll call;
(2) Pledge of Allegiance;
(3) Standing Committee meetings, third Monday;
(4) Presentation of minutes;
(5) Public comment;
(6) Public hearings, if any;
(7) Agenda of action items;
(8) New business;
(9) Reports from standing committees;
(10) Presentation of bills, if any;
(11) Mayor’s administrative report;
(12) Communications, if any; and
(13) Adjournment.
(B) Breaks in the order of business may be taken at any time upon motion and majority approval.
(Ord. 568a, passed 3-18-91)
§ 30.137 AGENDA.
The agenda shall be set by Friday, 12:00 noon immediately preceding a City Council meeting, and it shall be printed immediately thereafter and distributed to the Mayor and Council, and posted and made available to the public by 2:00 p.m. that afternoon. Any items not incorporated in that agenda may only be considered under the new business section of the agenda. Agenda items shall be described in clear, complete and straight-forward language.
(Ord. 568a, passed 3-18-91)
§ 30.138 NEW BUSINESS.
Items that may be brought up for discussion under the new business section of the agenda are those items that could not have been anticipated in time to be placed and described on the regular agenda, or are of such an emergency nature that action is required.
(Ord. 568a, passed 3-18-91)
§ 30.139 PRESIDING OFFICER.
The Presiding Officer shall be the Mayor. The Mayor shall be deemed a member of the Council and shall have rights as established by state statute.
(Ord. 568a, passed 3-18-91)
§ 30.140 MANNER OF VOTING.
All questions shall be voted on by roll call (in alphabetic order for the first motion of each meeting and rotating in alphabetic order with each successive notion of the meeting). Every member who shall be present when a question is put, shall vote for or against the same, unless the City Council shall excuse him.
(Ord. 568a, passed 3-18-91)
§ 30.141 RECONSIDERATION.
When a question has been decided, it shall be in order for any member who voted in the majority to move for a reconsideration thereof; but no motion for the reconsideration of a vote shall be made after the ordinance, resolution or act has gone out of the possession of the City Council.
(Ord. 568a, passed 3-18-91)
§ 30.142 AD HOC COMMITTEES.
The Mayor shall appoint with approval of the City Council, from among the members of the Council and general public, members of ad hoc committees, when the need for a committee arises.
(Ord. 568a, passed 3-18-91)
§ 30.143 STANDING COMMITTEES.
(A) The Mayor shall appoint with approval the City Council, members of standing committees at two year intervals, which correspond with the election of Alderman. Each committee shall consist of at least three Alderman (one from each ward). The committee will elect a chairperson of the committee from it’s appointed Alderman members. Committee reports will state the problem, alternatives to problem resolution, and their recommendation to the council during committee reports as scheduled on the agenda. Each committee will receive a department report on progress of current projects and suggestions for future projects. The committees are advisors to the council and their prime function is policy review and recommendation. The committee may request an employee to be present at a committee meeting. Committees are to receive any information needed to carry out their duties. Committee members may request information from city employees as necessary to carry out their responsibilities. Committee may by majority vote, request the presence of the City Attorney at committee meetings.
(B) The standing committees are as follows:
(1) Finance, Administration and Personnel Policies.
(2) Public Works-Electric, Sewer, Streets and Water Departments.
(3) Emergency Services-Police and Ambulance Departments.
(4) Public Properties, Parks and Recreation.
(C) Committees that are made up of a majority of council members must follow the Illinois Open Meetings Act. The Act requires notification to all news media having a request letter on file of any such committee meeting at least 48 hours in advance. The agenda must be posted in a public area 48 hours prior to any such meeting. Minutes need to be taken of all committees and placed on file with the City Clerk within seven days of the committee meeting, and made available for public inspection within seven days of approval by the City Council.
(D) Committees will follow council rules for conduct of meetings. The chairperson of each committee is responsible for scheduling each meeting, conducting the meetings in accordance with acceptable procedures, notifying the City Clerk to notify committee members, and keep minutes of the meetings. Committees should take and record votes taken on policy recommendations to the council.
(E) Names and responsibilities of standing committees many be changed as necessary to meet the changing needs of the city by a two-thirds vote of the City Council.
(Ord. 568a, passed 3-18-91; Am. Ord. 646, passed 5-1-95)
§ 30.144 RESOLUTIONS.
All resolutions shall be in writing consecutively in the order in which they are received.
(Ord. 568a, passed 3-18-91)
§ 30.145 PREPARATION OF ORDINANCES.
All ordinances appearing on a City Council agenda shall have been reported to the City Council by a committee of the City Council. Ordinances shall have been reviewed by the City Attorney prior to consideration by the City Council. Should a committee fail to report an ordinance, the City Council, by majority vote, may pull an ordinance from committee and place it on the City Council agenda for consideration.
(Ord. 568a, passed 3-18-91; Am. Ord. passed 11-15-93)
§ 30.146 ENFORCEMENT OF DECORUM.
The Chief of Police, or such member or members of the Police Department as he may designate, shall be Sergeant-at-Arms of the City Council meetings.
(Ord. 568a, passed 3-18-91)
§ 30.147 SUSPENSION OF RULES.
No standing rule or order of the City Council shall be rescinded or suspended except by the unanimous vote of every member present.
(Ord. 568a, passed 3-18-91)
§ 30.148 RULES OF PROCEDURE.
The rules of procedure shall be set by the Mayor and City Council, and interpreted by the Mayor during the course of meetings. Should the Council wish to establish rules of procedure, it shall do so by majority vote, after which such rules shall be governing unless changed by majority vote of the Council.
(Ord. 568a, passed 3-18-91)
TRAVEL AND MEETING EXPENSES FOR MAYOR
AND COUNCILMEMBERS
§ 30.160 PAYMENT FOR TRAVEL AND MEETINGS; APPROVAL; PURPOSE.
The City Council will pay the expenses of the Mayor and Councilmembers (referred to in this 1994 S-2 subchapter as “members”) who attend municipal association, organizational and training meetings, providing attendance is approved beforehand by the City Council. The meeting attendance shall be for the purpose of education, information and the exchanging of experiences in municipal operations.
(Ord. 594, passed 1-20-92)
§ 30.161 CRITERIA FOR REIMBURSEMENT.
The City Council shall reimburse expenses in the following categories:
(A) Travel by automobile, train or air, depending upon the most economical mode, to and from the meeting location, and if by personal automobile, at the reimbursable rate equivalent to that permitted by the U.S. Internal Revenue Service for the applicable year. However, members shall endeavor to share rides to those meetings in order to save expenses.
(B) Hotel/motel room rental expense, either at the location at which the meeting is held, or at an economically-priced facility within a reasonable distance of the meeting motel. Additional expenses which are sometimes charged to the room and which are not allowable include television, cleaning, laundry, telephone charges not detailed below, refreshments and the like.
(C) Meals up to a maximum expenditure of $200 for any stay exceeding two days and two nights, and $100 for any stay of less than two days.
(D) Entertainment sponsored by the city and conducted by the Mayor or designee, for the benefit of promoting the interests of the city.
(E) Telephone expenses: City business calls and one personal phone call per day.
(F) Spouse travel expenses are limited to the annual meeting of the Illinois Municipal League, and may include the costs of registration, including conference-provided meals, and train fare to and from the meeting location.
(Ord. 594, passed 1-20-92)
§ 30.162 ADDITIONAL ATTENDANCE EXPENSES.
Members shall be entitled to attend up to two meetings each year of the Central Illinois Municipal Officials’ Association (CIMOA) expenses for the meal only. Any additional attendance expenses must be specifically authorized by the City Council. The Mayor may attend an unlimited number of CIMOA meetings and be reimbursed for meal costs.
(Ord. 594, passed 1-20-92)
§ 30.163 EXPENSE REPORTS; RECEIPTS.
Reimbursement for any of the expenses allowable in § 30.161 will be on the basis of a report of expenses, and receipts for all expenses to be reimbursed, fully made out by the vendor and acceptable to the standard of the U.S. Internal Revenue Service (hard receipts).
(Ord. 594, passed 1-20-92)
§ 30.164 TRAVEL ADVANCES.
Travel advances may be made to the Mayor or a member of the City Council, subject to all other limitations of this subchapter, and not for any amount that might exceed limits of this subchapter. Should the Mayor or a member not attend the meeting, he or she shall reimburse the city within 15 days for all funds advanced. Exceptions to this provision may only be made by majority vote of the City Council.
(Ord. 594, passed 1-20-92)
GIFT BAN PROVISIONS
§ 30.170 ADOPTION OF ACT.
(A) The State Gift Ban Act (ILCS Ch. 5, Act 425 et seq.) is hereby adopted as required by ILCS Ch. 5, Act 425, § 83.
(B) The solicitation or the acceptance of gifts prohibited to be solicited or accepted under the State Gift Ban Act is prohibited by any elected or appointed official or any employee of the city.
(Ord. 786, passed 10-6-03)
§ 30.171 ETHICS OFFICER.
To the extent authorized by law and to the extent required by ILCS Ch. 5, Act 425, § 35, the City Manager is appointed to serve as the “ethics officer” of the city. The ethics officer’s duties shall be as provided in ILCS Ch. 5, Act 425, § 35 of the State Gift Ban Act.
(Ord. 786, passed 10-6-03)
§ 30.172 ETHICS COMMISSION; COMPLAINTS.
All complaints for violations of the State Gift Ban Act and this subchapter shall be filed with the legislative ethics commission as created by ILCS Ch. 5, Act 425, § 45(a)(6).
(Ord. 786, passed 10-6-03)
§ 30.173 FUTURE AMENDMENTS TO STATE GIFT BAN ACT.
Any amendment to the State Gift Ban Act (ILCS Ch. 5, Act 425, §§ 1 et seq.) that becomes effective after the passage of this subchapter shall be incorporated into this subchapter by reference and shall be applicable to the solicitation and acceptance of gifts. However, any amendment that makes its provisions optional for adoption by municipalities shall not be incorporated into this subchapter by reference without formal action by the corporate authorities of the city.
(Ord. 786, passed 10-6-03)
CHAPTER 31: CITY OFFICIALS AND EMPLOYEES
Section
City Administrator
31.01 Creation of office
31.02 Appointment
31.03 Duties and responsibilities
31.04 Compensation and salary
Part-Time Police Officers
31.15 Standards for employment
Chief of Police
31.25 Job description
Patrolman
31.35 Job description
CITY ADMINISTRATOR
§ 31.01 CREATION OF OFFICE.
(A) There is created and established the position of City Administrator. This position replaces the former position of City Purchasing Agent. The position shall be considered an exempt position rather than a classified position of the city.
(B) As an exempt position, the office of City Administrator shall not be subject to the provisions of the city personnel code.
(C) Matters related to compensation and benefits shall be subject to annual negotiation among the Mayor, City Council and City Administrator. All salary and benefit provisions shall be subject to approval of the City Council.
(D) The City Administrator shall have qualifications substantially equivalent to those of a City Manager, including educational and professional training and/or experience in administrative and management principles and procedures.
(Ord. 544, passed 9-6-88)
§ 31.02 APPOINTMENT.
The City Administrator shall be selected for an annual term by a majority vote of the City Council. The City Administrator may be removed from office for nonfeasance, malfeasance, breach of his contract, violation of the statutes of the state or at will of the City Council. At the time of the City Administrator’s appointment, the City Administrator need not be a resident of the city.
(Ord. 544, passed 9-6-88; Am. Ord. 744, passed 10-2-00)
§ 31.03 DUTIES AND RESPONSIBILITIES.
The City Administrator shall represent the city in dealings with citizens, service and supply vendors, civic groups, other governmental agencies and shall act as the principal intermediary between the Mayor, City Council and all city employees. The City Administrator shall have the following duties and responsibilities:
(A) To aid and assist the Mayor and City Council in the formulation and development of policies, programs and procedures, to supervise and administer the implementation of such policies, programs and procedures as established by the Mayor and City Council.
(B) To assist the Mayor and City Council in appointing and removing supervisors and in the employment and termination of all city employees.
(C) To prepare and recommend an annual budget as budget officer, to prepare written reports and documents at the direction of the Mayor and City Council, to include but not limited to an annual operating and long range capital improvement program.
(D) To actively pursue the economic development of the city, to apply and obtain state and federal grants and to disseminate sufficient information relating to the business of the city.
(E) To supervise the work of all municipal employees, including the supervisors of all city departments; to direct the general operations and business of all departments and divisions of the city to provide for communications within the city among the various departments and divisions; and to provide for coordinated planning of the various activities and duties thereof, provided that nothing herein shall be construed to remove direction and supervision vested in the City Treasurer or City Clerk by statute or ordinance, nor shall this subchapter be construed as altering the lawful powers and duties of the Mayor and City Council.
(F) To perform such other duties as may be directed by the Mayor and City Council.
(Ord. 544, passed 9-6-88)
§ 31.04 COMPENSATION AND SALARY.
(A) The Mayor shall receive a salary of $2,400 per annum.
(B) Each Alderman shall receive a salary of $50 per meeting for each regular meeting and special meeting of the City Council actually attended by him or her. No pay will be paid for committee meetings.
(C) The City Treasurer shall receive a salary of $750 per annum.
(D) The City Clerk shall receive a salary of $50 per meeting for each regular meeting and special meeting of the City Council actually attended by him or her.
(E) The City Attorney shall receive a reasonable compensation for services performed by at the direction of the Mayor, City Administrator or City Council.
(F) The city officials payroll will be monthly and the checks will be available on the first working day of the month. The City Attorney will be paid upon bill approval by Council.
(Ord. 569, passed 12-17-90)
PART-TIME POLICE OFFICERS
§ 31.15 STANDARDS FOR EMPLOYMENT.
(A) Employment. The City of Farmer City may employ part-time police officers from time to time as they deem necessary.
(B) Duties. A part-time police officer shall have all the responsibilities of a full-time police officer and such specific duties as delineated in the general orders of the Farmer City Police Department, but the number of hours a part-time officer may work within a calendar year is restricted. Part-time police officers shall not be assigned to supervise or direct full-time officers. Part-time police officers shall be trained in accordance with the Illinois Police Training Act (ILCS Ch. 50, Act 705, §§ 1 et seq.) and the rules and requirements of the ILETSB.
(C) Hiring standards. Any person employed as a part-time police officer must meet the following standards:
(1) Be of good moral character, of temperate habits, of sound health and physically and mentally able to perform assigned duties;
(2) Be at least 21 years of age;
(3) Pass a medical examination;
(4) Possess a high school diploma or GED certificate;
(5) Possess a valid State of Illinois driver’s license;
(6) Possess no prior felony convictions; and
(7) Any individual who has served in the U.S. military must have been honorable discharged.
(D) Discipline. Section 32.130 Formal Disciplinary Action covered in the Code of Ordinance for the City of Farmer City. Part-time police officers shall comply with all applicable rules and general orders issued by the Police Department.
(Ord. 903, passed 5-7-12)
CHIEF OF POLICE
§ 31.25 JOB DESCRIPTION.
Performs police work for the protection of the public welfare and safety through the enforcement of laws and ordinances. Exercises administrative authority over all department personnel, facilities and activities. Is directly responsible to the City Administrator, and must be bondable. Informs the Mayor of his suggestion of a patrolman to act as Chief of Police should the Chief of Police be absent or unable to work. Appointment as “Acting Chief of Police” shall be effective immediately upon written designation as “Acting Chief of Police” by the Mayor until the next regular City Council meeting, at which time the City Council shall act on the appointment.
(Ord. 708, passed 2-15-99; Am. Ord. 744, passed 10-2-00)
PATROLMAN
§ 31.35 JOB DESCRIPTION.
Performs general duty police work for the protection of the public welfare and safety through the enforcement of the laws and ordinances. Is directly responsible to the Chief of Police, or in his absence, to the “Acting Chief Police” when so appointed by the Mayor, until a formal appointment is made by the City Council. The person is this position must be bondable.
(Ord. 708, passed 2-15-99)
CHAPTER 32: PERSONNEL REGULATIONS AND POLICIES
Section
General Provisions
32.001 Definitions
Employment, Hiring and Probation
32.015 Recruitment and hiring
32.016 Probationary period
Personnel Records
32.020 Maintenance of records
32.021 Contents of personnel records
32.022 Freedom of Information Act
Performance Evaluation
32.030 Evaluation of employees
Working Hours
32.040 Work week
32.041 Reporting arrival problems
Payroll and Compensation
32.055 Pay periods
32.056 Time clocks
32.057 Compensation rates; overtime
Resignation; Layoffs
32.070 Letter of resignation; completing necessary forms
32.071 Layoffs
Employee Benefits
32.085 Official holidays
32.086 Vacation leave
32.087 Sick leave
32.088 Jury duty
32.089 Military duty
32.090 Bereavement leave
32.091 Other leaves of absence
32.092 Personal time
32.093 Medical and life insurance
32.094 Illinois Municipal Retirement Fund
32.095 Education benefits policy
32.096 Professional conferences
32.097 Mileage reimbursement
Condition of Employment
32.110 Use of city equipment
32.111 Telephone usage
32.112 Personal mail
32.113 Change of personal information to be kept on file
32.114 Political activities
32.115 Sexual harassment; policy
32.116 Job safety; accident reporting
Employee Discipline
32.130 Formal disciplinary action
Grievance Procedure
32.140 Definition
32.141 Purpose
32.142 Procedure
32.143 Withdrawal
Classification and Pay Plan
32.150 Description of plan
32.151 Plan administration
32.152 Establishing a new position; changing an existing position
32.153 Budgeting for the position
32.154 Part-time employees
32.155 Wage rates
32.156 Prevailing wage
Drug-Free Workplace Policy
32.170 Prohibitions
32.171 Violation
32.172 Employment conditions required by Drug-Free Workplace Act
32.173 Requirements after violating policy
32.174 Utilization of Alcohol and Substance Abuse programs
Drug and Alcohol Abuse Policy
32.180 Purpose
32.181 Definitions
32.182 Use prohibited
32.183 Drug and alcohol testing
32.184 Test results
32.185 Assistance program
32.186 Laws and regulations
32.187 Disciplinary action
GENERAL PROVISIONS
§ 32.001 DEFINITIONS.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANNIVERSARY. The annual date of the first day of employment.
CONTRACTUAL PERSONS. A person working for a private firm and contracted by the city to perform specific jobs or services for a defined period of time. Such a person is not an employee of the city and shall not be eligible for any city benefits, unless specified in a contractual agreement.
DEPARTMENT HEAD. For personnel manual purposes and to identify those persons to each city department having managerial authority as designated by City Council or as elected, DEPARTMENT HEAD shall mean: City Clerk, Public Works Director and Chief of Police.
FULL TIME REGULAR EMPLOYEE. A person working the regularly scheduled 40 hours on a yearly basis for a department is considered a full-time employee and is eligible for all city benefits.
PART TIME EMPLOYEE. A person hired to work less than 1,000 hours per calendar year is considered a part-time employee and is not eligible for benefits except as mandated by Illinois Municipal Retirement Fund (IMRF) agreement.
PERMANENT PART-TIME EMPLOYEE. A person who is hired to work less than 40 hours per week, but in excess of 1,040 hours per year shall be entitled to participate in Illinois Municipal Retirement Fund (IMRF) as set by its rules, and further shall be qualified for city medical benefits.
SEASONAL EMPLOYEE. An employee hired by the City on a seasonal basis or for a definable period of time. Not eligible for City benefits.
TEMPORARY EMPLOYEE. A person hired for a specific task or tasks, is considered a temporary employee and is not eligible for city benefits. Temporary employees may work the regularly scheduled number of hours in a work week for a department (full time hours) or less than the regularly scheduled number of hours workweek for a department (part-time hours), but must work less than 1,000 hours in a calendar year.
(Ord. 584, passed 11-4-91; Am. Ord. 592, passed 1-6-92; Am. Ord. 701, passed 10-5-98; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
EMPLOYMENT, HIRING AND PROBATION
§ 32.015 RECRUITMENT AND HIRING.
(A) Equal employment opportunity. The City Manager assures and protects all employees and applicants for employment against discrimination based on race, color, creed, national origin, ancestry, sex. age or physical condition (except where a bona fide occupational qualification exists; however, architectural barriers shall not be considered a bona fide occupational qualification), in the recruitment, assignment, promotion, or other aspect of employment or hiring by the City Manager.
(B) Recruitment procedure. Position openings will be posted for two weeks minimum and may be advertised in local newspapers.
(C) Review of positions. The City Manager shall review the functions, responsibilities and minimum qualifications of departmental positions as they become vacant or as deemed necessary. The City Manager shall have final approval of any revised job description for all city departments.
(D) Application and interviewing process.
(1) Each applicant shall complete applications, which shall be signed to certify the truth of all statements. The application form shall include consent to criminal background check, which shall be filed by each employment applicant. False or misleading statements of material facts shall be grounds for immediate rejection of an application or post hiring summary discharge.
(2) Interviews shall be conducted by the applicable department head. Application forms and a recommendation will be provided to the City Manager by the department head to fill the vacant position. The City Manager shall have final hiring authority for all full-time regular and part-time employees.
(E) Testing and examinations. Prospective and present full-time employees shall pass basic physical questionnaire and drug screening test.
(F) Orientation. The new employee will meet with the department head to discuss the job criteria. The employee will receive a copy of the city’s personnel manual, a copy of the job description, and information describing city benefits and programs. The new employee will sign a receipt for the material provided.
(G) Forms. All new employees shall complete all applicable insurance, federal and state employment tax and any additional forms, which may be required.
(Ord. 584, passed 11-4-91; Am. Ord. 693, passed 5-18-98; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.016 PROBATIONARY PERIOD.
(A) Each full-time employee hired must successfully complete a probationary period of-one-year. During the probationary period, employment may be terminated without the opportunity to appeal.
(B) An employee who is promoted or transferred may be required to serve a 3-month probationary period.
(C) Evaluation. Employees serving a probationary period shall be evaluated no later than the end of the sixth month. The department head shall review the evaluation and performance with the employee, focusing on past performance, duties of the job and future expectations.
(Ord. 584, passed 11-4-91; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
PERSONNEL RECORDS
§ 32.020 MAINTENANCE OF RECORDS.
(A) Employee personnel records shall be maintained for all employees in the custody of the City Clerk at City Hall and shall not be removed from City Hall.
(B) Personnel records shall be retained for a period of seven years after termination of employment.
(C) Personnel records shall be subject to examination by any two of the following persons: City Manager, City Clerk, Deputy City Clerk, City Attorney, Department Head or Supervisor.
(D) Employees shall have the right to read the contents of their personnel file upon reasonable advance notice and when accompanied by two of the persons listed in division (C), preceding and may initial, number and date documents contained in their personnel file not more than two times per calendar year.
(E) Not more than once annually each employee may request a copy of file at no cost to him/her.
(Ord. 584, passed 11-4-91; Am. Ord. 684, passed 8-18-97; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.021 CONTENTS OF PERSONNEL RECORDS.
Personnel records may contain but are not limited to the following information:
(A) Application for employment (to each city job applied for);
(B) A receipt for information received during orientation;
(C) Letters of reference, commendation or complaints. A complaint must be verified and signed;
(D) Documentation of medical-eligibility and drug screening reports;
(E) Memos of oral warnings, written reprimands, suspensions and documentation of any other disciplinary actions;
(F) Training records;
(G) Requests for leaves of absence;
(H) Performance evaluations; and
(I) Documentation on termination/retirement.
(Ord. 584, passed 11-4-91; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.022 FREEDOM OF INFORMATION ACT.
All personnel records are subject to the provisions of the Illinois Freedom of Information Act. Under the Act, personnel records are not “public information records” and will not be disclosed to any person outside the city organization without prior approval of the City Attorney.
(Ord. 584, passed 11-4-91; Am. Ord. 893, passed 9-19-11)
PERFORMANCE EVALUATION
§ 32.030 EVALUATION OF EMPLOYEES.
Employees shall receive at minimum an annual evaluation from their department head or City Manager. Evaluations are to be completed by March 1 of each year.
(A) Employee participation. All employees shall be advised of the results of the evaluation and furnished with a completed copy. Each employee shall be given the opportunity to respond in writing to any evaluation.
(B) Department head evaluations. All department heads shall be evaluated by the City Manager each year.
(C) All evaluations shall be in writing, and comprehensive in character (inclusive of all aspects of job performance), consistence within job categories, and include expectations for future performance.
(Ord. 584, passed 11-4-91; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
WORKING HOURS
§ 32.040 WORK WEEK.
The workweek shall consist of 40 hours for all full-time employees, which shall include time taken for sick leave, vacation, personal days, holidays, and other excused absences. All departmental working hours are established by the City Manager and shall include a maximum of two 15-minute breaks per day. The work schedule is determined by the department head.
(Ord. 584, passed 11-4-91; Am. Ord. 630, passed 11-1-93; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.041 REPORTING ARRIVAL PROBLEMS.
(A) Weather conditions. All employees, unless otherwise excused by the department head, report for work regardless of weather conditions. Any early release of employees due to weather conditions shall be at the discretion of the City Manager.
(B) Late for work. Any employee, who is unable to report to work on time, must notify his/her supervisor in advance.
(Ord. 584, passed 11-4-91; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
PAYROLL AND COMPENSATION
§ 32.055 PAY PERIODS.
All employees library personnel, will be paid on a biweekly basis, library personnel will be paid monthly. Paychecks will be issued on the second Friday of each two-week pay period, and will be available to employees by 12:00 noon on that day. Each pay period will end on Wednesday prior to the Friday payday.
(Ord. 584, passed 11-4-91; Am. Ord. 893, passed 9-19-11)
§ 32.056 TIME CLOCKS.
All employees shall use time clocks at all times and shall punch in or out within seven minutes of their work shift. Any written entry on a time card shall be initialed by a department head, or the City Manager in order to be valid. Any employee punching a time card other than his or her own is subject to discipline and possible dismissal. Department heads shall verify time worked of assigned employees.
(Ord. 584, passed 11-4-91; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.057 COMPENSATION RATES; OVERTIME.
(A) Rates of compensation for all city employees shall be established by the City Manager. Salary adjustments for city employees may be as determined by the City Manager.
(B) When an employee is promoted, transferred or demoted, his or her rate of pay for the new position shall be determined by the City Manager. If promoted, the new salary, after the probationary period, shall be no less than 5% increase over the salary paid on the previous job, provided that the salary must still fall within the range provided for that job.
(C) Overtime.
(1) It is the policy of the city that scheduling of overtime be kept to a minimum as much as possible, with use and consideration of an employee’s next regular work shift not to go beyond the next workday. The department head is responsible for scheduling overtime.
(2) Overtime pay.
(a) Overtime shall be scheduled by a department head in such a manner as to distribute overtime to department employees on an equitable basis. In cases of emergencies, an employee must work overtime, unless expressly exempted by the department head or the City Manager.
(b) An overtime slip must be filled out in detail by a department head of all overtime worked in the department. The overtime slips must be submitted with the appropriate employee’s time card.
(c) Not less than one and one-half times the regular rate of pay must be paid for all hours worked in excess of 40 hours in a workweek by any non-exempt employees. The 40 hours of the workweek is as defined in § 32.040(A).
(d) For the purpose of calculating overtime hours, the work week shall include the time actually worked and holidays, and therefore excludes time taken but not worked during sick leave, vacation, personal days, or other excused absences.
(e) The overtime rate of pay shall be paid to all full-time employees if they are called out at any time other than regular working hours by their supervisor or other proper authority, to respond to an emergency. Employees called out will be paid for two hours.
(D) Emergency services compensation. All full-time city employees who also serve as either volunteer firefighter, EMT/A’s, EMT/I’s, EMT/I/D’s, or ambulance drivers, shall be allowed to respond to an emergency call during their regularly scheduled workday. Employees responding to such calls, as outlined in this section, will receive only their regular rate of pay for those hours or fraction of hours in which the emergency response occurs during their regularly scheduled work shift. If the emergency response extends beyond the regularly scheduled work hours, the employee shall also receive any pay they are entitled to as a result of the emergency call.
(E) Compensatory time-off. Compensatory time-off will not be granted for any employee.
(F) On-call. An employee shall be compensated at a rate of $5 per hour for each hour “on call” not to include any call out which is at one and one half normal hourly rate. On call times are listed per department (effective 6/1/2012).
(Ord. 584, passed 11-4-91; Am. Ord. 630, passed 11-1-93; Am. Ord. 721, passed 8-16-99; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
RESIGNATION; LAYOFFS
§ 32.070 LETTER OF RESIGNATION; COMPLETING NECESSARY FORMS.
(A) A letter of resignation shall be given to the department head, and a copy to the City Manager, at least two weeks before the employee’s last working day. The letter should state the reason for resignation and the date of the last working day.
(B) The City Manager shall immediately notify the Mayor of all resignations.
(C) Prior to the last working day, the employee must schedule a time in City Hall to complete the necessary separation/termination or retirement forms and return all city keys and equipment.
(Ord. 584, passed 11-4-91; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.071 LAYOFFS.
If the city deems it necessary to lay-off any employee, it will be done on the basis of job performance and the best interest of the citizens of the city. Probationary employees shall be laid off prior to full time employees. Call backs will be handled in the same fashion. Whenever possible, the City Manager may transfer an employee to another department to avoid a layoff.
(Ord. 584, passed 11-4-91; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
EMPLOYEE BENEFITS
§ 32.085 OFFICIAL HOLIDAYS.
(A) Official holidays.
(1) All full time city employees will receive paid holiday leave, which will consist of eight hours at their regular hourly rate of pay, for the nine mandated holidays:
New Year’s Day
Good Friday
Memorial Day
Independence Day
Veteran’s Day
Labor Day
Thanksgiving Day
Friday after Thanksgiving Day
Christmas Day
(2) To be eligible for the holiday pay, a full-time employee must work the regularly scheduled work day immediately before and after the holiday, unless excused in advance by the department head or City Manager.
(3) When holidays fall on a Saturday, the previous Friday shall be given as a holiday. When holidays fall on a Sunday, the following Monday shall be given as a holiday. Departments operating 24 hours a day will observe only the designated holiday only.
(4) When a holiday occurs during an employee’s scheduled vacation time, the employee will be paid for the holiday; no vacation day will be considered as having been used.
(B) Working on the holiday.
(1) Full time employees working the designated holiday will be paid for the hours worked at their regular rate of pay plus eight hours of holiday pay, depending upon length of their regular shift, but in no case shall such scheduling result in more than a 40-hour week, exclusive of required overtime and emergency call backs.
(2) All permanent part-time employees working the designated holiday will be paid at a rate of one and one-half times for hours actually worked, and regular pay for the holiday.
(Ord. 584, passed 11-4-91; Am. Ord. 590, passed 12-2-91; Am. Ord. 613, passed 12-21-92; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.086 VACATION LEAVE.
(A) Permanent full-time employees.
(1) Only permanent full-time city employees shall receive paid vacation leave, which shall be accrued as follows.
(a) After one year of service, and up through four years of service 80 hours.
(b) After five years of service and up through nine years of service, 120 hours.
(c) After ten years of service, 160 hours.
(d) After 20 years of service, 240 hours. (effective 6/01/2012).
(2) An employee must complete one full year of service in order to be eligible to utilize vacation time. An employee’s date of hire shall determine the effective date for vacation time earned. Vacation time should be scheduled as not to interrupt service to residents. All vacation leave must be pre-approved by the department head. Department heads must receive prior approval from the City Manager.
(B) Use of vacation Leave. Employees must request vacation leave at least two weeks in advance. Department heads will approve vacation requests in accordance with the service needs of the city and the scheduling of tasks and responsibilities.
(1) Vacation time shall be taken during the vacation year of the employee.
(2) The City Manager may grant an extension if he/she deems it necessary or appropriate.
(3) Employee may sell back up to 80 hours of vacation per budgetary year.
(C) Upon resignation or termination.
(1) An employee is entitled to be paid for all earned but unused vacation time.
(2) Upon the death of an employee, all earned vacation time shall be paid at the regular rate of pay to the employee’s legal heir or executor.
(Ord. 584, passed 11-4-91; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.087 SICK LEAVE.
(A) For the purpose of this section, SICK LEAVE is defined as the absence of an employee due to personal illness, the serious illness of a parent, child or spouse.
(B) Sick leave is not an entitlement (such as vacation leave). An employee is not entitled to take a certain amount of sick leave each year. Sick leave is to be taken to recover from an illness, or to treat an illness of an immediate family member.
(C) It is also an organizational benefit; an employee is expected to take sick leave in order to avoid the spread of disease to co-workers. An employee found to have used sick leave for any other than its intended purpose, or an employee who misuses sick leave will be disciplined in accordance with the provisions of this policy.
(D) An employee may take up to two working days of sick leave to recover from an illness, surgery or accident without a doctor’s written statement. Absences for sick leave in excess of two days may be approved only upon submittal of a doctor’s written statement that such leave was required.
(E) Accrual of sick leave. Employees will accrue sick leave at a rate of six hours each month worked beginning with their first day of employment for use in a major illness, surgery or accident, based on a written recommendation by a doctor. A maximum of 500 hours may be accrued.
(F) Supplement to worker’s compensation or disability. An employee may choose to use sick, vacation or personal leave available as to supplement either worker’s compensation or disability.
(Ord. 584, passed 11-4-91; Am. Ord. 590, passed – – ; Am. Ord. 604, passed – -; Am. Ord. 613, passed 12-21-92; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.088 JURY DUTY.
An employee summoned for jury duty shall receive his or her regular rate of pay during his or her leave from work and while performing actual jury duty service. A department head is to be notified by the employee as soon as possible of the summons. The jury check shall be paid to the city, or endorsed over to the city.
(Ord. 584, passed 11-4-91; Am. Ord. 893, passed 9-19-11)
§ 32.089 MILITARY DUTY.
City employees will be allowed time off from work for two weeks annual reserve training. The time off will be without pay and will not be charged to accrued vacation time, unless requested by the employee.
(Ord. 584, passed 11-4-91; Am. Ord. 893, passed 9-19-11)
§ 32.090 BEREAVEMENT LEAVE.
(A) Any permanent full-time city employee will be granted bereavement leave with pay in the case of death of a member in the employee’s immediate family. IMMEDIATE FAMILY is defined as: parents, spouse, children, stepchildren, employee’s grandparents, brother, sister, grandchild, mother-in-law. father-in-law, sister-in-law, and brother-in-law.
(B) This leave will be given from the date of death through the day after burial as approved by the department head.
(Ord. 584, passed 11-4-91; Am. Ord. 893, passed 9-19-11)
§ 32.091 OTHER LEAVES OF ABSENCE.
Other authorized leaves of absence may be granted without pay by the department head on a case-by-case basis. An employee granted leave will retain their standing as a full-time employee. However, during the authorized leave, sick and vacation leave will not accrue. An employee will not be compensated for holidays that might occur during leave of absence. Insurance coverage will be continued only at the specific request of the employee taking authorized leave of absence. The City will not pay for any portion of the insurance coverage for an employee on authorized leave.
(Ord. 584, passed 11-4-91; Am. Ord. 893, passed 9-19-11)
§ 32.092 PERSONAL TIME.
All full-time employees with at least one full year of continuous service with the city may be granted two paid eight-hours personal days per calendar year. Personal days may be taken together with holidays or vacation days but must be approved in advance. Personal days must be taken during the calendar year.
(Ord. 584, passed 11-4-91; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.093 MEDICAL AND LIFE INSURANCE.
All regular full-time city employees shall have the opportunity to participate in the city’s insurance coverage plans. Information outlining the city’s coverage shall be given to every employee. The city may pay 100% of individual employee premiums for those employees and 50% of their immediate family members participating in the city’s insurance plan. This insurance program may be altered by the City Council based on the city’s ability to maintain the costs of the program.
(Ord. 584, passed 11-4-91; Am. Ord. 590, passed 12-2-91; Am. Ord. 590, passed – – ; Am. Ord. 604, passed – -; Am. Ord. 701, passed 10-5-98; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.094 ILLINOIS MUNICIPAL RETIREMENT FUND.
The benefits of Illinois Municipal Retirement Fund (IMRF) and eligibility for IMRF are determined by state statues. The most recent pamphlet of a detailed description of the benefits. The city and the employee both pay a portion of the employee’s IMRF pension.
(A) Disability retirement. Employees may be eligible for disability if they are disabled as DISABLED is defined by the Illinois Municipal Retirement Fund.
(B) Retirement. Any employee may retire from the service of the city if they have accumulated eight years or more full-time service as outlined by the Illinois Municipal Retirement Fund.
(Ord. 584, passed 11-4-91; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.095 EDUCATION BENEFITS POLICY.
The city will pay the following to a full-time regular city employee in regard to required education:
(A) If education is required for continued employment with the city or to meet licensing requirements necessary to the city, the city will grant the employee time off, with pay, from scheduled work hours. Tuition, mileage or transportation, and other reasonable education expenses will be paid by the city as determined and approved by the City Manager.
(B) Educational classes will not exceed eight hours pay per day.
(C) The City Manager will review other educational options and may pay for some of or all of the costs if they feel that the city would benefit.
(Ord. 584, passed 11-4-91; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.096 PROFESSIONAL CONFERENCES.
(A) An employee wishing to attend a professional conference must submit a written request to the department head who will verify that budgeted funds are available prior to the conferencedate, with copies to the City Manager. A statement of the conference benefits to the city should be submitted along with applicable flyers of the conference events.
(B) Any advances to cover conference costs must be arranged by the employee and department head at least seven days prior to the conference date. Advances can be requested for the following.
(1) Registration fees.
(2) Hotel/motel room, conference or approved unit.
(3) Meals and miscellaneous expenses, not to exceed $35 per day.
(C) All receipts related to the conference costs, along with a detailed accounting of the same, must be submitted to the department head, and then to the city’s bookkeeper.
(D) A written report by the conference attendee must be submitted to the department head within two weeks after returning from the conference.
(Ord. 584, passed 11-4-91; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.097 MILEAGE REIMBURSEMENT.
An allowance per mile will be paid to an employee using his personal vehicle for authorized city business, at a rate equivalent to that permitted by the U.S. Internal Revenue Service for the applicable tax year if a suitable city vehicle is not available.
(Ord. 584, passed 11-4-91; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
CONDITION OF EMPLOYMENT
§ 32.110 USE OF CITY EQUIPMENT.
It shall be prohibited for anyone to use city vehicles, supplies, equipment or tools for any private or personal use.
(Ord. 584, passed 11-4-91; Am. Ord. 845, passed 2-19-08; Am. Ord. 878, passed 11-1-10; Am. Ord. 893, passed 9-19-11) Penalty, see § 10.99
§ 32.111 TELEPHONE USAGE.
No personal long distance calls will be charged to the city. All personal phone calls will be kept to a minimum.
(Ord. 584, passed 11-4-91; Am. Ord. 893, passed 9-19-11)
§ 32.112 PERSONAL MAIL.
Employees shall not use the municipal building address to receive personal mail. Such use may be subject to § 32.130(D).
(Ord. 584, passed 11-4-91)
§ 32.113 CHANGE OF PERSONAL INFORMATION TO BE KEPT ON FILE.
A city employee who changes his mailing address, name, marital status or other applicable personal status, must report the same to his or her department head for revision in the employee’s personal file.
(Ord. 584, passed 11-4-91; Am. Ord. 893, passed 9-19-11)
§ 32.114 POLITICAL ACTIVITIES.
Political activities shall not be conducted during working hours.
(Ord. 584, passed 11-4-91; Am. Ord. 893, passed 9-19-11)
§ 32.115 SEXUAL HARASSMENT; POLICY.
(A) Purpose of policy.
(1) This policy is formulated to protect employees against unsolicited and unwelcomed sexual overtures or conduct, either physical or verbal. It prohibits employee misconduct that may upset employee morale and interfere with employees’ work and efficiency regardless of whether there is any economic impact resulting from such misconduct.
(2) Sexual harassment is prohibited under Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e), and some forms of such misconduct may subject violator to civil liability and/or criminal prosecution, as well as disciplinary action up to and including discharge.
(B) Policy statement. It is the policy of the city that no employee be harassed by another employee or supervisor. All city employees shall be provided a work environment free of any form of sexual harassment. Persons found to be in violation of this policy, shall be dealt with through the disciplinary process.
(C) Complaint procedure.
(1) Any employee who has experienced sexual harassment, in any form, shall report the occurrence to their supervisor immediately, who shall in turn have the responsibility for dealing with the offending employee or that employee’s supervisor.
(2) All complaints will be thoroughly investigated and a formal report, conclusion and recommendations will be prepared, with a copy being provided the complainant. Investigations shall be concluded within 30 calendar days.
(3) Confidentiality of the affected employee and others related to the situation will be maintained during the investigation.
(Ord. 584, passed 11-4-91; Am. Ord. 893, passed 9-19-11)
§ 32.116 JOB SAFETY; ACCIDENT REPORTING.
(A) Job safety.
(1) The city will comply with all state and national safety requirements. The city will also comply with all safety requirements imposed by the city’s insurance carrier.
(2) Employees will be notified of all safety requirements for their positions by their department head.
(B) Accident reporting.
(1) On-the-job injury. Any on-the-job injury shall be reported to the department head or his or her designee immediately. The City Manager and the Risk Manager will then be notified by the department head as soon as possible.
(2) Accident reporting procedure. All on-the-job injuries and/or accidents shall be investigated by the department head or his designee and a report completed. The report shall be filed at City Hall immediately.
(3) Unsafe working conditions. Employees who become aware of unsafe working conditions shall report those conditions to the department head or his or her designee immediately.
(4) Inspection of workplace. The department head will check buildings and work areas on a quarterly basis and determine safety hazards. Documentation of each inspection will be made and referred to the City Manager.
(Ord. 584, passed 11-4-91; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
EMPLOYEE DISCIPLINE
§ 32.130 FORMAL DISCIPLINARY ACTION.
(A) Policy. No employee shall be disciplined because of age, sex, race, color, religious belief or practice, or exercise of constitutional rights.
(B) Documentation. Employees shall receive documentation of disciplinary action taken by the department head.
(C) Forms. All oral warnings, written reprimands, suspensions emergency suspensions and notice of discharge will be documented in the employee’s personnel file.
(D) Disciplinary action. The department head may issue oral warnings, impose written reprimands or impose emergency suspensions without pay. Suspension or discharge will be recommended to the City Manager for implementation. Discipline shall be “progressive” in nature, moving from warnings to reprimands and eventual dismissal, as the offending action is repeated or made more severe by the offending employee. Good managerial judgment is required in applying this principle to each situation. Disciplinary action may be taken for any breach of city policy, violation of state statutes or failure to follow the job description. Listed are examples for possible disciplinary action; other situations may also warrant disciplinary action:
(1) Carelessness or unsafe conduct;
(2) Disregarding work rules or policy;
(3) Unexcused or unauthorized absences;
(4) Improper dress or grooming;
(5) Failure to report accidents or injuries;
(6) Criminal convictions;
(7) Failure to perform job duties;
(8) Unauthorized/personal use of city supplies or equipment;
(9) Falsifying records or documents;
(10) Assaulting another employee;
(11) Assaulting an elected official;
(12) Possession of alcoholic beverages or illegal drugs on the job, under the influence of alcoholic beverages or illegal drugs;
(13) Accepting a bribe or kickback;
(14) Willful or deliberate damage to city property;
(15) Disruptive behavior; and
(16) Actions bringing discredit to the city.
(E) Documentation.
(1) Department heads shall document all disciplinary actions in writing. Actions and responsibilities shall be as follows.
(a) Oral warning verbally administered and documented by the department head.
(b) Written reprimand, implemented and documented by the department head.
(c) Emergency suspension, implemented by the department head with city manager approval.
(d) Suspensions and dismissals, recommended by the department head, and approved by the city manager.
(2) Suspension shall result in the loss of pay for the number days of the suspension. Emergency suspensions are with pay until the City Manager makes a determination to suspend without pay or dismiss. The department head shall determine when the suspended employee’s period of suspension is to take effect. In making this decision, the department head shall consider the operational needs of the department. Copies of the documentation relating to disciplinary action will be given to the employee, and a copy placed in the employee’s personnel file.
(3) Removal of officers. Except as otherwise provided by statute, the Mayor may remove any officer appointed by him under this title, on any formal charge, whenever he or she is of the opinion that the interests of the city demand removal, but the Mayor shall report the reasons for the removal to the City Council at a meeting to be held not more than ten days after the removal. If the Mayor fails or refuses to report to Council the reasons for the removal, or if the Council by a two-thirds vote of all its members authorized by law to be elected, disapproves of the removal, the officer thereupon shall be restored to the office from which he or she was removed. The vote shall be yeas and nays, which shall be entered upon the Council’s Journal. No officer shall be removed a second time for the same offense.
(Ord. 584, passed 11-4-91; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
GRIEVANCE PROCEDURE
§ 32.140 DEFINITION.
For the purpose of this subchapter the following definition shall apply unless the context clearly indicates or requires a different meaning.
GRIEVANCE. Any claim by an employee that there has been a violation, misrepresentation or misapplication of the terms of these personnel policies.
(Ord. 584, passed 11-4-91; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.141 PURPOSE.
The purpose of the grievance procedure shall be to settle employee grievances on as low an administrative level as possible, so as to insure efficiency and employee morale.
(Ord. 584, passed 11-4-91; Am. Ord. 893, passed 9-19-11)
§ 32.142 PROCEDURE.
Grievances will be processed in the following manner and within the stated time limits.
(A) Step 1. The aggrieved employee shall present the grievance in writing to the department head within five working days of the occurrence, not including the date of the occurrence. The grievance shall be prepared in detail and dated. The department head will give a written answer within five-working days of the presentation of the grievance, not including the date of the receiving the presentation.
(B) Step 2. If the grievance is not settled in Step 1, it shall be signed by the aggrieved employee, and the department head and presented to the city manager within five days from the date of the signing by the two parties.
(Ord. 584, passed 11-4-91; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.143 WITHDRAWAL.
An employee may withdraw a grievance at any time.
(Ord. 584, passed 11-4-91; Am. Ord. 893, passed 9-19-11)
CLASSIFICATION AND PAY PLAN
§ 32.150 DESCRIPTION OF PLAN.
(A) The purpose of a classification and pay plan is to promote a wage system that is fair, flexible, and consistently applied throughout the organization. In its administration, it is linked with regular performance appraisals of the employees and the longevity plan.
(B) Within the plan, positions are assigned to pay ranges, which are competitive with the market place, and provide room for individual advancement based on performance. Employees may move up annually based on performance evaluations; the amount that they move on the scale should be directly and quantitatively related to their measured performance. Wage increases will take place at the beginning of the next year budget.
(C) Each year an adjustment may be made to the ranges to keep them current, with periodic comprehensive reviews to correct discrepancies that arise over time.
(Ord. 626, passed 10-4-93; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.151 PLAN ADMINISTRATION.
Initial wage assignments will be made within the following guidelines, by the City Manager.
A) New full-time employees. Employees will be placed at a probationary wage as recommended by the City Manager. If that employee has no experience in the job or the work, the probationary wage will be five percent below the beginning step for the job. If the employee is experienced, the initial step may be within the range in order to attract the experience and qualifications. The probationary period is set in the personnel code, and may be extended. If the employee passes probation, as determined through performance evaluation, he/she will receive an increase to at least the beginning step of the range for the job.
(B) Promotions. When promoted to a higher position in the classification schedule, the employee will start at the beginning of the new level. Promotions to positions where the employee’s wage is currently higher than the beginning of the new level shall result in a wage adjustment of 5%. When the probationary period is completed satisfactorily, the employee will be moved up to or within the pay range by a minimum of 5%. Job changes that do not involve a move to higher classification shall be regarded as transfers, with no requirement for a wage increase.
(C) Transfers. The wage paid to an employee transferring to a new position will normally be to the beginning step of the job, unless prior experience with the city, and in the new job, justifies a wage range above the initial level.
(D) Demotion. The new wage shall be established at an appropriate lower rate within the range of the job being performed. If circumstances warrant, a starting rate below the minimum may be utilized if a candidate does not satisfy the minimum requirements of the job.
(Ord. 626, passed 10-4-93; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.152 ESTABLISHING A NEW POSITION; CHANGING AN EXISTING POSITION.
A job description shall be prepared by the City Manager for each new or changed job. Based on that description, the position will be assigned to the appropriate level by the City Manager, and recommended to the Council for approval, as a change to the classification schedule.
(Ord. 626, passed 10-4-93; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.153 BUDGETING FOR THE POSITION.
The amount to be budgeted within the personnel salaries line item of the budget shall be the beginning wage or the wage actually to be paid for the budget year. Should an employee’s current wage exceed the top rate on the schedule, that wage shall be frozen until such time as the City Manager shall revise the schedule or that job grade upward.
(Ord. 626, passed 10-4-93; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.154 PART-TIME EMPLOYEES.
The rate of pay paid to part-time employees shall be at or above the minimum wage as budgeted for the position and as the City Manager may see the market to require.
(Ord. 626, passed 10-4-93; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.155 WAGE RATES.
Wage rates for full-time employees shall be as set forth by ordinance, as amended from time to time.
(Ord. 626, passed 10-4-93; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.156 PREVAILING WAGE.
(A) To the extent and as required by the Prevailing Wage Act (ILCS Ch. 820, Act 130) regulating wages of laborers, mechanics and other workers employed in any public works by state, county, city or any public body or any political subdivision or by any one under contract for public works. The general prevailing rate of wages in this locality for laborers, mechanics and other workers engaged in construction of public works coming under the jurisdiction of the City of Farmer City is hereby ascertained to be the same as the prevailing rate of wages for construction work in DeWitt County areas as determined by the Department of Labor of the State of Illinois as of June 1, 2012, a copy of that determination being attached to the ordinance codified herein as Exhibit “A” and incorporated herein by reference. As required by the Act, any and all revisions of the prevailing rate of wages by the Department of Labor of the State of Illinois shall supersede previously Labor Department wage determinations and apply to any and all public works construction undertaken by the City of Farmer City. The definition of any terms appearing in this section that are also used in the prevailing wage law shall be the same as in the Act.
(B) Nothing herein contained shall be construed to apply the general prevailing rate of wages are as herein ascertained to any work or employment except public works construction of the City of Farmer City to the extent required by the aforesaid act.
(C) The City Clerk shall publicly post or keep available for inspection by any interested party in the main office of the City of Farmer City this determination or any revisions of such prevailing rate of wage. A copy of this determination or of the current revised determination of prevailing rate of wages then in effect shall be attached to all contract specifications.
(D) The City Clerk shall mail a copy of this determination to any employer, and to any association of employers and to any person or association of employees who have filed their names and addresses, requesting copies of any determination stating the particular rates and the particular class of workers whose wages will be affected by such rates.
(E) The City Clerk shall promptly file a certified copy of this ordinance with both the Secretary of State Index Division and the Department of Labor of the State of Illinois.
(F) The City Clerk shall cause to be published in a newspaper of general circulation in Farmer City notice of passage of this ordinance, and such publication shall constitute notice that the determination is effective and that this is the determination of this public body.
(Ord. 680, passed 6-2-97; Am. Ord. 694, passed 6-1-98; Am. Ord. 717, passed 6-7-99; Am. Ord. 845, passed 2-19-08; Am. Ord. 859, passed 6-15-09; Am. Ord. 876, passed 6-21-10; Am. Ord. 893, passed 9-19-11; Am. Ord. 903A, passed 6-18-12)
DRUG-FREE WORKPLACE POLICY
§ 32.170 PROHIBITIONS.
The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace of the city.
(Ord. 639, passed 6-20-94)
§ 32.171 VIOLATION.
Any violation of the prohibition of § 32.170, by an employee of the city will result in disciplinary action against the employee, up to and including discharge.
(Ord. 639, passed 6-20-94)
§ 32.172 EMPLOYMENT CONDITIONS REQUIRED BY DRUG-FREE WORKPLACE ACT.
The Drug-Free Workplace Act of 1988 requires that as a condition of employment with the city all employees
will:
(A) Abide by the terms of this subchapter, and
(B) Notify the Mayor and/or the City Administrator of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction.
(Ord. 639, passed 6-20-94)
§ 32.173 REQUIREMENTS AFTER VIOLATING POLICY.
The city may require an employee who violates these provisions to participate satisfactorily in an approved drug abuse assistance or rehabilitation program.
(Ord. 639, passed 6-20-94)
§ 32.174 UTILIZATION OF ALCOHOL AND SUBSTANCE ABUSE PROGRAMS.
Any eligible employee who has a substance abuse problem may utilize the Alcohol and Substance Abuse Program, if available through the medical insurance program provided by the city.
(Ord. 639, passed 6-20-94)
DRUG AND ALCOHOL ABUSE POLICY
§ 32.180 PURPOSE.
The purpose of this policy is to perform the necessary drug and alcohol testing pursuant to the federally mandated requirements under 49 CFR Part 40 and Part 382. The drug-related requirements of this policy become effective January 1, 1996. The alcohol-related requirements under this policy become effective January 1, 1996.
(Ord. 661, passed 12-27-95)
§ 32.181 DEFINITIONS.
For the purpose of this policy, the words and terms defined in this section shall have the meaning therein given, unless the context otherwise clearly requires.
DRIVER. Any person who operates a commercial motor vehicle as defined in 49 CFR Part 382.107. This includes, but is not limited to: full-time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent, owner-operator contractors who are either directly employed by or under lease to an employer or who operate a commercial motor vehicle at the direction of or with the consent of an employer. For the purpose of pre-employment/pre-duty testing only, the term driver includes a person applying to an employer to drive a commercial motor vehicle.
SAFETY-SENSITIVE FUNCTION. Any of those on-duty functions set forth in 49 CFR Part 395.2, paragraphs (1) through (7).
(Ord. 661, passed 12-27-95)
§ 32.182 USE PROHIBITED.
The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance or alcohol is prohibited on all municipal premises, in any municipally-owned or leased motor vehicle, or other location at which the driver is to perform work. Nor will this municipality hire or retain any individual who uses or possesses any illegal drug, in any amount and regardless of frequency, or any individual who engages in prohibited alcohol-related conduct.
(A) The municipality will maintain a pre-employment screening program designed to prevent hiring anyone who uses any illegal drugs, or engages in prohibited alcohol-related conduct.
(B) No driver will consume any Schedule 1 drug of the Schedule of Controlled Substance of the Drug Enforcement Administration or any amphetamines, narcotics, opiates, hallucinogenic substances, depressants, stimulants, or any other habit forming drug while on or off duty, except as provided in division (D).
(C) No driver shall report for work or drive while impaired by any drug, controlled substance, or with an alcohol breath concentration of .02 or greater.
(D) A driver may use a substance administered by or under direction of a physician who has advised the driver that the substance will not affect the driver’s ability to safely operate a motor vehicle.
(E) No driver may operate any motor vehicle whose motor senses, sight, hearing, balance, reaction, reflexes or judgement are or may be presumed affected or has consumed any alcohol within four hours.
(F) Any driver who sells or otherwise dispenses illegal drugs or alcohol to others on municipal premises, in or from a municipally-owned or leased motor vehicle is subject to immediate termination.
(Ord. 661, passed 12-27-95)
§ 32.183 DRUG AND ALCOHOL TESTING.
(A) Statement of policy. It is the policy of the city that the public has the reasonable right to expect persons employed by the city to be free from the effects of drugs and alcohol. The city has the right to expect its employees to report to work fit and able for duty. The purposes of this policy shall be achieved in such manner as not to violate any established rights of the employees and the general public.
(B) Definitions.
(1) RESTRICTED PERIOD.
(a) Any time the employee is entitled to compensation from the city, other than non-work hours for which an employee is entitled to compensation;
(b) Any time the employee is present on the city premises, in vehicles owned and maintained by the city; or
(c) Any time the employee is operating a vehicle or equipment owned or leased by the city.
(2) DRUG. Any non-prescribed controlled substance to which the employee is not authorized to possess or consume by law.
(3) POSITIVE TEST RESULT. A test performed:
(a) On a blood specimen provided by the employee measured an ethyl alcohol concentration in such specimen of .05% or more;
(b) If on more than one occasion a blood specimen provided by the employee measured an ethyl alcohol concentration in such specimen of less than .05%, and it can be determined from the test(s) performed on that specimen and in accordance with acceptable medical standards that the ethyl alcohol concentration was .05% or more during a restricted period;
(c) On a urine specimen provided by the employee detected any amount of a drug.
(4) REASONABLE SUSPICION. An articulable belief, in writing, based on specific facts and reasonable inferences drawn from those facts that an employee is under the influence of drugs or alcohol, or is using, in possession of or selling drugs or alcohol.
(C) Prohibitions. Employees shall be prohibited from:
(1) Consuming or possessing drugs or alcohol (unless in accordance with duty requirements) at any time during a restricted period, including when in the employee’s personal vehicle while engaged in the city’s business;
(2) Illegally selling, purchasing or distributing any drug or alcohol during a restricted period, unless in accordance with duty requirements;
(3) Being under the influence of drugs or alcohol during a restricted period;
(4) Excessive use of legal drugs during a restricted period; and
(5) Failing to report to their supervisor any known adverse side effects of medication or prescription drugs that they are taking.
(D) Testing conditions.
(1) The city (City Administrator) shall have the right to require an employee to submit to drug or alcohol testing where “reasonable suspicion” exists that the employee is in violation of the above prohibitions stated division (C) of this section. At least one supervisory personnel must certify their “reasonable suspicion” concerning the affected employee prior to any order to submit to drug or alcohol testing authorized herein. Refusal to submit to such testing may subject the employee to discharge, but the employee’s taking of such tests shall not constitute a waiver of any objection or rights that the employee may have.
(2) The city (City Administrator) may require an employee to supply a blood or urine sample for testing upon reinstatement to active status following any leave of absence in excess of 30 days without the requirement of “reasonable suspicion”.
(3) The city (City Administrator) may require an employee to supply a blood or urine sample for testing as a condition of the promotional process or for initial employment with the employer, without the requirement of “reasonable suspicion”.
(E) Testing procedures.
(1) In conducting the testing authorized by this section, the city shall:
(a) Use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited by the National Institute of Drug Abuse (NIDA);
(b) Insure to the best of the city’s knowledge and belief that the laboratory or facility selected conforms to all NIDA standards;
(c) Establish a “chain of custody” procedure for both the sample collection and testing that will insure the integrity of the identity of each sample and test result;
(d) Provide each employee tested with a copy of all information and reports received in connection with the testing and the results;
(e) Insure that no employee is the subject of any adverse employment action except emergency temporary reassignment or relief from duty with pay during the pendency of any testing procedure. Any such emergency reassignment or relief from duty shall be immediately discontinued in the event of a negative test result reported to the city.
(2) Furthermore, to the best of the city’s knowledge and belief, the clinical laboratory or hospital facility conducting the tests shall be responsible for:
(a) Collecting a sufficient sample of the same bodily fluid or material from an employee to allow for initial screening, a confirmatory test and a sufficient amount to be set aside, reserved for later testing if requested by the employee.
(b) Collect samples in such a manner as to preserve the individual employee’s right to privacy, insure a high degree of security for the sample and its freedom from adulteration. Employees shall not be witnessed by anyone while submitting a sample, except in circumstances where the laboratory or facility does not have a “clean room” for submitting samples or where there is reasonable belief that the employee has attempted to compromise the accuracy of the testing procedure.
(c) Confirm any sample that tests positive in the initial screening for drugs or alcohol by testing the second portion of the same sample by gas chromatography mass spectrometry (GCMS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected drug or drug metabolites.
(d) Provide the employee tested with an opportunity to have the additional sample tested by a clinical laboratory or hospital facility of the employee’s own choosing, at the employee’s own expense, provided the employee notifies the city within 48 hours of receiving the results of the tests.
(e) Be required to report to the city that the blood or urine sample is positive only if both the initial screening and confirmation test is positive for a particular “drug”. The parties agree that should any information concerning such testing or the results thereof be obtained by the employer inconsistent with the understandings expressed herein (i.e. billings for testing that reveal the nature or number of test administered), the city will not use such information in any manner or forum adverse to the employee’s interests.
(f) With regard to alcohol testing, for the purpose of determining whether the employee is under the influence if alcohol, tests results showing an alcohol concentration of .05 or more based upon the grams of alcohol per 100 milliliters of blood be considered positive.
(F) Employee right to grieve. The employee shall have the right to file a grievance concerning any testing permitted herein, contesting the basis for the order to submit to the tests, the right to test, the administration of the tests, the significance and accuracy of the tests, the consequences of the testing or results.
(G) Discipline.
(1) Positive test results. Where the employee tests positive on both the initial and confirmatory tests for drugs or alcohol, the employee shall be subject to discipline appropriate under the circumstances. However, when the employee is taking prescription medication in conformity with the lawful direction of the prescribing physician or a non-prescription medication in conformity with the manufacturer’s specified dosage and the employee has notified the city of the use of the prescription or non-prescription medication before any laboratory test is performed on the requested urine and/or blood specimen, a positive test result consistent with the ingredients of such medication shall not constitute cause for discipline. (The city may require an employee to provide evidence that any prescription medication has been lawfully prescribed by a physician for the employee.)
(2) Refusal to provide a blood or urine specimen. An employee’s refusal to provide a urine and/or blood specimen for laboratory testing, when requested by the city, shall constitute cause for immediate dismissal of the employee. An employee’s physical inability to provide a urine specimen shall not be considered to be a refusal to provide a specimen. If an employee is physically unable to provide a urine specimen when requested by the city, the city may request a blood specimen for laboratory testing.
(3) Tampering with or substitution of a specimen. Intentionally tampering with, causing another person to tamper with, substituting for, or causing another person to substitute for a urine and/or blood specimen, whether the employee’s own specimen or another employee’s specimen, shall constitute cause for immediate dismissal of the employee who engages in such activity.
(4) Felony conviction. The conviction of an employee for any felony a legal element of which requires proof of the possession, sale, use or distribution of a drug shall constitute cause for discharge, whether or not such felony occurred during a restricted period.
(H) Voluntary request for assistance. The employee shall not be subject to disciplinary action when voluntarily seeking treatment, counseling or other support for drug or alcohol related problems. However, the city shall not be obligated to retain the employee on active status throughout the period of such rehabilitation if it is appropriately determined that the employee’s current use of drug or alcohol prevents such employee from performing his or her duties or whose continuance on active status would constitute a direct threat to property or safety of others. Such employee shall be afforded the opportunity to use accumulated paid leave of absence periods or take an unpaid leave of absence, at the employee’s option, pending completion of such rehabilitative treatment. The foregoing shall not limit the city from imposing appropriate disciplinary action if the employee subsequently fails to successfully complete such rehabilitative treatment.
(Ord. 661, passed 12-27-95; Am. Ord. 743, passed 10-2-00)
§ 32.184 TEST RESULTS.
(A) Drug test results. Test results will be reviewed to determine whether there is any indication of a controlled substance abuse.
(1) The test results will be reviewed by a Medical Review Officer (MRO). If there is any evidence of a positive result the MRO will give the person tested an opportunity to discuss the results and provide documentation of legally prescribed medication.
(2) The results will be released to the Medical Review Officer, who will then release the results to the Mid-West Truckers Association (our drug test consortium), which will forward them to the Illinois Municipal League, which will forward those results to this municipality, which will maintain them in a secure location with controlled access.
(B) Alcohol test results. The test results shall be provided on forms established by Subpart C 40.59 Appendix A. Copy 1 (white) will be retained by the Breath Alcohol Technicians (BAT), copy 2 (green) shall go to the employee, copy 3 (blue) shall be transmitted to the employer.
(C) General.
(1) The test results from all drug and alcohol tests will become a part of the driver’s qualification file which shall be in a secured location with controlled access and retained as specified in Section 382.401 or in this policy.
(2) The results will not be released to any unauthorized party without written consent. Every driver upon termination is required to permit in writing the release of their urine drug and breath alcohol test results for at least two years to any future employer. Every employer is required upon the receipt of a written request of a driver to provide copies of all his or her urine drug and breath alcohol test results promptly to any other possible employer at no charge.
(Ord. 661, passed 12-27-95)
§ 32.185 ASSISTANCE PROGRAM.
An employee assistance program will be conducted by this municipality to provide educational information concerning the effects and consequences of drug or alcohol use on personal health, safety and work environment.
(A) Every driver will be required to take at least one hour of training each year on substance abuse and alcohol use, and sign form IML-10 certifying your attendance.
(B) Written notice will be given when this training is available.
(Ord. 661, passed 12-27-95)
§ 32.186 LAWS AND REGULATIONS.
(A) This municipality will comply with all federal, state and local laws and regulations concerning any violations of criminal drug and alcohol use status in the work place.
(B) Record keeping: all records will be retained as listed in Section 382.401.
(C) A driver is entitled, upon written request, to obtain copies of any records pertaining to the driver’s use of drugs or alcohol, and test results. Access shall not be contingent upon payment for records other than those requested.
(D) Records shall be made available to a subsequent employer upon receipt of a written request from a driver.
(E) An employer may disclose information required to be maintained under this policy on a driver, to the decision maker in a lawsuit, grievance, or other proceeding initiated by or on behalf of that driver and arising from the results of an alcohol or controlled substance test required by this policy, or from the employer’s determination that the driver engaged in conduct prohibited by this policy. (Including but not limited to worker’s compensation, unemployment compensation, or other proceeding related to benefits sought by the driver.)
(Ord. 661, passed 12-27-95)
§ 32.187 DISCIPLINARY ACTION.
(A) After two violations of this policy the driver shall be terminated.
(B) Every driver who has engaged in violations of this policy will be advised by the employer of resources available to the driver in evaluating and resolving problems associated with the misuse of drugs or alcohol.
(C) (1) Prior to being eligible for return-to-duty testing a driver must be evaluated by a Substance Abuse Professional, who shall set up any assistance needed. When the driver has complied with all the recommendations of the SAP, the driver must request the results of the evaluation and notification of release be given in writing to our MRO.
(2) The MRO shall then subject such drivers to at least six unannounced urine drug tests or breath alcohol tests in the first 12 months after return to duty. Follow-up testing shall not extend beyond 60 months, per 382.605.
(3) All records in reference to the referrals, evaluation, return-to-duty and follow-up testing shall be retained for five years.
(Ord. 661, passed 12-27-95)
CHAPTER 33: PROCUREMENT OF PUBLIC WORKS, SUPPLIES AND SERVICES
Section
General Provisions
33.01 Purpose and objective
33.02 Application
33.03 Purchasing categories
33.04 Equal opportunity/nondiscrimination policy
33.05 Purchases from city employees and officials
Procurement Procedures
33.10 Purchases exceeding $20,000
33.11 Purchases exceeding $5,000, but not exceeding $20,000
33.12 Purchases not exceeding $5,000
33.13 Emergency purchases
GENERAL PROVISIONS
§ 33.01 PURPOSE AND OBJECTIVE.
(A) The purpose of this procedure is to provide for accountability in the use of public funds and to promote efficiency in city operations.
(B) The objectives of this policy are to enable the city to procure public works, supplies and services of sufficient quality at the most economical price, in an open, forthright and ethical manner which complies with all of the applicable state and federal laws and city ordinances.
(Ord. 573, passed 6-17-91; Am. Ord. 827, passed 10-23-06)
§ 33.02 APPLICATION.
This chapter shall apply to all purchases of public works, supplies and services made by and for the city. This chapter shall incorporate, by reference, the Governmental Joint Purchasing Act (ILCS Ch. 30, Act 525), the Local Government Professional Services Selection Act (ILCS Ch. 50, Act 510), the Public Works Contract Change Order Act (ILCS Ch. 50, Act 525), the Illinois Municipal Code
(ILCS Ch. 65, Act 5) and any other applicable state law.
(Ord. 573, passed 6-17-91; Am. Ord. 827, passed 10-23-06)
§ 33.03 PURCHASING CATEGORIES.
(A) Purchases made by and for the city may be grouped under the following categories:
(1) Purchases exceeding $20,000.
(2) Purchases exceeding $5,000, but not exceeding $20,000.
(3) Purchases not exceeding $5,000.
(B) The purchasing categories shall require the following levels of authority for approval:
(1) Purchases exceeding $20,000 shall be made in accordance with the procurement processes required by the applicable state law and shall be approved by the City Council.
(2) Purchases exceeding $5,000, but not exceeding $20,000, shall be approved by the City Council.
(3) Purchases not exceeding $5,000, shall be approved by the City Manager, or by a subordinate city employee designated by the City Manager.
(Ord. 573, passed 6-17-91; Am. Ord. 827, passed 10-23-06)
§ 33.04 EQUAL OPPORTUNITY/ NONDISCRIMINATION POLICY.
(A) It is the policy of the city that all contractors and/or vendors, except those otherwise prohibited by state law and § 33.05, shall have an opportunity to compete in the procurement processes of the city on an equal basis.
(B) All contracts for the purchase of public works, supplies and/or services to which the city is a party shall contain a clause by which the contractor/vendor certifies that he or she does not discriminate against any worker, employee or applicant, or any member of the public because of race, religion, color, national origin or sex. The contractor/vendor must also certify that any subcontractor and/or supplier with whom he or she contracts in order to provide such public works, supplies and/or services do not so discriminate.
(Ord. 573, passed 6-17-91; Am. Ord. 827, passed 10-23-06)
§ 33.05 PURCHASES FROM CITY EMPLOYEES AND OFFICIALS.
It is the policy of the city that any employee or elected official of the city is prohibited from contracting, either as an independent contractor, subcontractor or vendor, either in writing or by oral agreement or understanding, to provide public works, supplies and/or services to the city. This prohibition does not apply to the reimbursement of city employees or elected officials for travel expenses and for small purchases of supplies or services made on behalf of and for the convenience of the city. Also, this prohibition does not apply to transactions where an employee or elected official of the city contracts directly with a property owner or lessor for work that is partially paid by a grant or reimbursement from the city.
(Ord. 827, passed 10-23-06)
PROCUREMENT PROCEDURES
§ 33.10 PURCHASES EXCEEDING $20,000.
(A) Purchases of public works, supplies and services exceeding $20,000 shall be made through a formal bid process or an alternative procurement procedure, as provided by state law, that provides due diligence and reasonable assurance of compliance with the state law and the objectives of this chapter. In all cases, purchases exceeding $20,000 shall be approved by the City Council prior to the award of a contract.
(B) Procurement procedure.
(1) The City Manager shall review the need for the purchase, review budget and expenditures to verify that appropriated funding is available.
(2) The City Manager, or designee, shall prepare an explanation of the need, the specifications, a cost estimate and any documents required for the solicitation of bids or proposals and identify the source of funding.
(3) The City Manager shall notify the City Council at a City Council meeting of the need for the purchase, estimated cost and source of funding.
(4) If the City Council does not object to the purchase, the City Manager will follow the appropriate procurement procedure to solicit and obtain bids, quotes or proposals, as required by state law.
(5) If a formal bid procedure is required, or desired, for the purchase, the City Manager will instruct the City Clerk to publish a notice of call for bids in a newspaper of general circulation by at least one insertion which shall be published at least ten days prior to the time designated for the opening of bids. The notice shall include a general description of the public works, supplies or service to be purchased, shall state the time, date and place of the bid opening and shall designate where and when bid documents may be obtained.
(6) If a formal bid procedure is used, bids shall be opened, tabulated and analyzed by the City Manager, or designee, and reported to the City Council for award of the contract to the lowest responsible bidder who meets the bid specifications in accordance with state law. If an alternative procurement procedure is used, the City Manager shall provide a written report and recommendation for award of the contract to the City Council. This report shall justify the cost and terms of the contract and demonstrate that due diligence was exercised in the procurement process.
(Ord. 827, passed 10-23-06)
§ 33.11 PURCHASES EXCEEDING $5,000, BUT NOT EXCEEDING $20,000.
(A) Purchases of public works, supplies and services exceeding $5,000, but not exceeding $20,000, shall be made upon request by the City Manager, after following a procurement procedure that provides due diligence and reasonable assurance of compliance with the objectives of this chapter. In all cases, purchases exceeding $5,000, but not exceeding $20,000, shall be approved by the City Council prior to the award of a contract.
(B) Procurement procedure.
(1) The City Manager shall review the need for the purchase, review budget and expenditures to verify that appropriated funding is available.
(2) The City Manager, or designee, shall prepare an explanation of the need, the specifications, a cost estimate and any documents required for the solicitation of bids or proposals and identify the source of funding.
(3) The City Manager shall notify the City Council of the need for the purchase, estimated cost and source of funding at a City Council meeting.
(4) If the City Council does not object to the purchase, the City Manager will follow an appropriate procurement procedure to solicit and obtain bids, quotes or proposals.
(5) The City Manager shall provide a written report and recommendation for award of the contract to the City Council. This report shall justify the cost and terms of the contract and demonstrate that due diligence was exercised in the procurement process.
(Ord. 573, passed 6-17-91; Am. Ord. 827, passed 10-23-06)
§ 33.12 PURCHASES NOT EXCEEDING $5,000.
(A) Purchases of public works, supplies and services not exceeding $5,000 shall be approved by the City Manager. The City Manager may delegate purchasing authority to one or more designated subordinate city employees. The delegation of purchasing authority shall be based upon the amount of, and/or other factors relevant to, the purchase. Such delegation by the City Manager shall be made in writing and be provided for information, only, to the City Council.
(B) Procurement procedure.
(1) The City Manager, or designee, shall review the need for the purchase, review budget and expenditures to verify that appropriated funding is available.
(2) The City Manager, or designee, will follow an appropriate procurement procedure. It shall be the responsibility of the City Manager to develop, implement, maintain and monitor any other necessary procurement procedures, in addition to those required by this chapter, for all purchasing categories, in order to comply with the objectives of this chapter and all applicable state and federal laws.
(Ord. 573, passed 6-17-91; Am. Ord. 629, passed 11-1-93; Am. Ord. 827, passed 10-23-06)
§ 33.13 EMERGENCY PURCHASES.
In the event of an immediate threat to the public health and safety of the city, its citizens and/or public or private property, the City Manager, based on his or her professional judgment and discretion, may authorize emergency purchases which serve to protect such persons and/or property, but which may not comply with provisions of this chapter. As soon as practicable after such emergency purchase(s) is made, the City Manager shall submit a written report to the City Council describing the reason for the emergency purchase(s), the supplies and/or services purchased, the cost of the emergency purchase(s) and the provisions of this chapter which were superceded.
(Ord. 827, passed 10-23-06)
CHAPTER 34: TAXATION
Section
Automobile Renting Use Tax
34.01 Tax imposed
34.02 Filing report; payment
34.03 Collection
Municipal Automobile Renting
Occupation Tax
34.15 Tax imposed
34.16 Filing report; payment
Municipal Utility Tax
34.25 Definitions
34.26 Tax imposed
34.27 Exemptions
34.28 Tax in addition to value of product or services
34.29 Effective date
34.30 Tax return required
34.31 Erroneous payments
34.32 Recovery of tax due
Locally Imposed and Administered
Tax Rights and Responsibility
34.40 Title
34.41 Scope
34.42 Definitions
34.43 Notices
34.44 Late payment
34.45 Payment
34.46 Certain credits and refunds
34.47 Audit procedure
34.48 Appeal
34.49 Hearing
34.50 Interest and penalty
34.51 Abatement
34.52 Installment contracts
34.53 Statute of limitations
34.54 Voluntary disclosure
34.55 Publication of tax ordinances
34.56 Liens
Tax Increment Financing (TIF)
Interested Parties Registry
34.65 Definitions
34.66 Establishment of registry
34.67 Maintenance of registry
34.68 Registration by residents
34.69 Registration by organizations
34.70 Determination of eligibility
34.71 Renewal and termination
34.72 Amendment to registration
34.73 Registries available for public inspection
34.74 Notices to be sent to interested parties
34.75 Noninterference
34.76 Amendment of registration rules
34.99 Penalty
AUTOMOBILE RENTING USE TAX
§ 34.01 TAX IMPOSED.
A tax is hereby imposed upon the privilege of using in this city an automobile which is rented from a renter outside the state and which is titled or registered with an agency of this state’s government in this city at the rate of 1% of the rental price of that automobile while this subchapter is in effect, in accordance with the provisions of § 8-11-8 of the Illinois Municipal Code.
(Ord. 496, passed 1-4-82)
§ 34.02 FILING REPORT; PAYMENT.
(A) Every such person engaged in such business in the city shall file on or before the last day of each calendar month, the report to the State Department of Revenue required by Sections Two and Three of “An Act in Relation to a Tax upon Persons Engaged in the Business of Selling Tangible Personal Property to Purchasers for Use of Consumption” approved June 29, 1933, as amended.
(B) At the time such report is filed, there shall be paid to the State Department of Revenue the amount of tax hereby imposed on account of the renting of automobiles during the preceding month.
(Ord. 496, passed 1-4-82)
§ 34.03 COLLECTION.
The tax provided for in this subchapter shall be collected from the persons whose state address for titling or registration purposes is given as being in this city.
(Ord. 496, passed 1-4-82)
MUNICIPAL AUTOMOBILE RENTING
OCCUPATION TAX
§ 34.15 TAX IMPOSED.
A tax is imposed upon all persons engaged in the business of renting automobiles in this city at the rate of 1% of the gross receipts from those sales made in the course of such business while this subchapter is in effect, in accordance with the provisions of § 8-11-7 of the Illinois Municipal Code.
(Ord. 497, passed 1-4-82)
§ 34.16 FILING REPORT; PAYMENT.
(A) Every such person engaged in that business in the city shall file on or before the last day of each calendar month, the report to the State Department of Revenue required by Sections Two and Three of “An Act in Relation to a Tax upon Persons Engaged in the Business of Selling Tangible Persons Property to Purchasers for Use or Consumption approved June 29, 1933, as amended.
(B) At the time such report is filed, there shall be paid to the State Department of Revenue the amount of tax hereby imposed on account of the renting of automobiles during the preceding month.
(Ord. 497, passed 1-4-82)
MUNICIPAL UTILITY TAX
§ 34.25 DEFINITIONS.
For the purposes of this subchapter the following definitions shall apply:
GROSS RECEIPTS. The consideration received for the transmission of messages, or for distributing, supplying, furnishing or selling gas, or electricity for use or consumption and not for resale, as the case may be, except for that consideration received from the city; and for all services rendered in connection therewith valued in money, whether received in money or otherwise, including cash, credit, services and property of every kind and material and for all services rendered therewith; and shall be determined without any deduction on account of the cost of transmitting said messages without any deduction on account of the cost of the service, product or commodity supplied, the cost of materials used, labor or service cost, or any other expenses whatsoever. The term GROSS RECEIPTS shall not include any charges added to customers’ bills pursuant to the provisions of Sections 9-221 or 9-222 of the Illinois Public Utilities Act or any other separately stated charge added to customers’ bills in respect of any tax or other governmental imposition.
PERSON. Any natural individual, firm, trust, estate, partnership, association, joint stock company, joint adventure, corporation, municipal corporation or political subdivision of this state, or a receiver, trustee, conservator or other representative appointed by order of any court.
TRANSMITTING MESSAGES. In addition to the usual and popular meaning of person to person communication, shall include the furnishing, for a consideration, of services or facilities (whether owned or leased), or both, to persons in connection with the transmission of messages where such persons do not, in turn, receive any consideration in connection therewith, but shall not include such furnishing of services or facilities to persons for the transmission of messages to the extent that any such services or facilities for the transmission of messages are furnished for a consideration, by such persons to other persons, for the transmission of messages.
(Ord. 668, passed 10-7-96; Am. Ord. 673, passed 12-2-96)
§ 34.26 TAX IMPOSED.
A tax is imposed on all persons engaged in the following occupations or privileges:
(A) Persons engaged in the business of transmitting messages by means of electricity, at the rate of three percent of the gross receipts from such business originating within the corporate limits of the city.
(B) Persons engaged in the business of distributing, supplying, furnishing, or selling gas for use or consumption within the corporate limits of the city, and not for resale, at the rate of three percent of the gross receipts therefrom.
(C) Persons engaged in the business of distributing, supplying, furnishing, or selling of electricity for use or consumption within the corporate limits of the city, not for resale, at the rate of three percent of the gross receipts therefrom.
(Ord. 668, passed 10-7-96)
§ 34.27 EXEMPTIONS.
No tax is imposed by this subchapter with respect to any transaction in interstate commerce or otherwise to the extent to which such business may not, under Constitution and statutes of the United States, be made subject to taxation by this state or any political subdivision thereof; nor shall any persons engaged in the business of distributing, supplying, furnishing or selling gas or electricity, or engaged in the business of transmitting messages be subject to taxation under the provisions of this subchapter for such transactions as are or may become subject to taxation under the provisions of the Municipal Retailers’ Occupation Tax Act authorized by ILCS Ch. 65, Act 5, § 8-11-1.
(Ord. 668, passed 10-7-96)
§ 34.28 TAX IN ADDITION TO VALUE OF PRODUCT OR SERVICE.
Such tax shall be in addition to the payment of money, or value of products or services furnished to this municipality by the taxpayer as compensation for the use of its streets, alleys, or other public places, or installation and maintenance therein, thereon or thereunder of poles, wires, pipes or other equipment used in the operation of the taxpayer’s business.
(Ord. 668, passed 10-7-96)
§ 34.29 EFFECTIVE DATE.
This subchapter shall take effect after publication and the tax provided for herein shall be based on the gross receipts, as herein defined, actually paid to the taxpayer for services billed on or after December 1, 1996. The city has immediate need for the revenues to be produced by the tax imposed by this subchapter in order to meet the cost of providing services necessary for the immediate preservation of the public peace, health and safety, and this subchapter is passed as an urgent measure.
(Ord. 668, passed 10-7-96)
§ 34.30 TAX RETURN REQUIRED.
(A) On or before January 31, 1997, each taxpayer shall make a return to the City Treasurer for the month of December, 1996, stating:
(1) His name.
(2) His principal place of business.
(3) His gross receipts during those months upon the basis of which the tax is imposed.
(4) Amount of tax.
(5) Such other reasonable and related information as the corporate authorities may require.
(B) On or before the last day of each and every month thereafter, each taxpayer shall make a like return to the City Treasurer for a corresponding period.
(C) The taxpayer making the return herein provided for shall, at the time of making such return, pay to the City Treasurer, the amount of tax herein imposed; provided, that in connection with any return the taxpayer may, if he so elects, report and pay an amount based upon his total billings of business subject to the tax during the period for which the return is made (exclusive of any amounts previously billed) with prompt adjustments of later payments based upon any differences between such billings and the taxable gross receipts.
(D) Provided however, that in the event that the tax for any given one month is less than $5 per month, the taxpayer making the return shall file its return to the City Treasurer and include payment to the City Treasurer on a semi-annual basis. Said semi-annual return shall continue until such time that the amount of taxes remitted to the city on said semi-annual bases exceed $75. Thereafter, the taxpayer shall return to a monthly return and remittance.
(Ord. 668, passed 10-7-96) Penalty, see § 34.99
§ 34.31 ERRONEOUS PAYMENTS.
If it shall appear that an amount of tax has been paid which was not due under the provisions of this subchapter, whether as the result of a mistake of fact or an error of law, then such amount shall be credited against any tax due, or to become due, under this subchapter from the taxpayer who made the erroneous payment; provided, that no amounts erroneously paid more than three years prior to the filing of a claim therefor shall be so credited.
(Ord. 668, passed 10-7-96)
§ 34.32 RECOVERY OF TAX DUE.
No action to recover any amount of tax due under the provisions of this subchapter shall be commenced more than three years after due date of such amount.
(Ord. 668, passed 10-7-96)
LOCALLY IMPOSED AND
ADMINISTERED TAX RIGHTS
AND RESPONSIBILITY
§ 34.40 TITLE.
This subchapter shall be known as, and may be cited as, the “Locally Imposed and Administered Tax Rights and Responsibility Ordinance.”
(Ord. 750, passed 12-4-00)
§ 34.41 SCOPE.
The provisions of this subchapter shall apply to the city’s procedures in connection with all of the city’s locally imposed and administered taxes.
(Ord. 750, passed 12-4-00)
§ 34.42 DEFINITIONS.
Certain words or terms herein shall have the meaning ascribed to them as follows:
ACT. The Local Government Taxpayers’ Bill of Rights Act.
CITY. The City of Farmer City, Illinois.
CORPORATE AUTHORITIES. The city’s Mayor and City Council.
HEARING OFFICER. An administrative individual appointed by the Mayor with the advice and consent of the corporate authorities to conduct hearings and to issue final determinations regarding the collection of all locally imposed and administered taxes.
LOCALLY IMPOSED AND ADMINISTERED TAX or TAX. Each tax imposed by the city that is collected or administered by the city not an agency or department of the state. It does not include any taxes imposed upon real property under the Property Tax Code or fees collected by the city other than infrastructure maintenance fees.
LOCAL TAX ADMINISTRATOR. The city’s collector, is charged with the administration and collection of the locally imposed and administered taxes, including staff, employees or agents to the extent they are authorized by the local tax administrator to act in the local tax administrator’s stead. The local tax administrator shall have the authority to implement the terms of this subchapter to give full effect to this subchapter. The exercise of such authority by the local tax administrator shall not be inconsistent with this subchapter and the Act.
NOTICE. Each audit notice, collection notice or other similar notice or communication in connection with each of the city’s locally imposed and administered taxes.
TAX ORDINANCE. Each ordinance adopted by the city that imposes any locally imposed and administered tax.
TAXPAYER. Any person required to pay any locally imposed and administered tax and generally includes the person upon whom the legal incidence of such tax is placed and with respect to consumer taxes includes the business or entity required to collect and pay the locally imposed and administered tax to the city.
(Ord. 750, passed 12-4-00)
§ 34.43 NOTICES.
Unless otherwise provided, whenever notice is required to be given, the notice is to be in writing mailed (not less than seven calendar days) prior to the day fixed for any applicable hearing, audit or other scheduled act of the local tax administrator. The notice shall be sent by the local tax administrator as follows:
(A) First class or express mail, or overnight mail, addressed to the persons concerned at the persons’ last known address; or
(B) Personal service or delivery.
(Ord. 750, passed 12-4-00)
§ 34.44 LATE PAYMENT.
Any notice, payment, remittance or other filing required to be made to the city pursuant to any tax ordinance shall be considered late unless it is physically received by the city on or before the due date, or received in an envelope or other container displaying a valid, readable U.S. Postmark dated on or before the due date, properly addressed to the city, with adequate postage prepaid.
(Ord. 750, passed 12-4-00)
§ 34.45 PAYMENT.
Any payment or remittance received for a tax period shall be applied in the following order: first to the tax due for the applicable period; second to the interest due for the applicable period; and third to the penalty for the applicable period.
(Ord. 750, passed 12-4-00)
§ 34.46 CERTAIN CREDITS AND REFUNDS.
(A) The city shall not refund or credit any taxes voluntarily paid without written protest at the time of payment in the event that a locally imposed and administered tax is declared invalidly enacted or unconstitutional by a court of competent jurisdiction. However, a taxpayer shall not be deemed to have paid the tax voluntarily if the taxpayer lacked knowledge of the facts upon which to protest the taxes at the time of payment or if the taxpayer paid the taxes under duress.
(B) The statute of limitations on a claim for credit or refund (shall be four or less years) after the end of the calendar year in which payment in error was made. The city shall not grant credit or refund of locally imposed and administered taxes, interest, or penalties to a person who has not paid the amounts directly to the city.
(C) The procedure for claiming a credit or refund of locally imposed and administered taxes, interest or penalties paid in error shall be as follows:
(1) The taxpayer shall submit to the local tax administrator in writing a claim for credit or refund together with a statement specifying:
(a) The name of the locally imposed and administered tax subject to the claim;
(b) The tax period for the locally imposed and administered tax subject to the claim;
(c) The date of the tax payment subject to the claim and the cancelled check or receipt for the payment;
(d) The taxpayer’s recalculation, accompanied by an amended or revised tax return, in connection with the claim; and
(e) A request for either a refund or a credit in connection with the claim to be applied to the amount of tax, interest and penalties overpaid, and, as applicable, related interest on the amount overpaid; provided, however, that there shall be no refund and only a credit given in the event the taxpayer owes any monies to the city.
(2) Within ten days of the receipt by the local tax administrator of any claim for a refund or credit, the local tax administrator shall either:
(a) Grant the claim; or
(b) Deny the claim, in whole or in part, together with a statement as to the reason for the denial or the partial grant and denial.
(3) In the event the local tax administrator grants, in whole or in part, a claim for refund or credit, the amount of the grant for refund or credit shall bear interest at the rate of 2% per annum, based on a year of 365 days and the number of days elapsed, from the date of the overpayment to the date of mailing of a refund check or the grant of a credit.
(Ord. 750, passed 12-4-00)
§ 34.47 AUDIT PROCEDURE.
Any request for proposed audit pursuant to any local administered tax shall comply with the notice requirements of this subchapter.
(A) Each notice of audit shall contain the following information:
(1) The tax;
(2) The time period of the audit; and
(3) A brief description of the books and records to be made available for the auditor.
(B) Any audit shall be conducted during normal business hours and if the date and time selected by the local tax administrator is not agreeable to the taxpayer, another date and time may be requested by the taxpayer within 30 days after the originally designated audit and during normal business hours.
(C) The taxpayer may request an extension of time to have an audit conducted. The audit shall be conducted not less than seven days nor more than 30 days from the date the notice is given, unless the taxpayer and the local tax administrator agreed to some other convenient time. In the event taxpayer is unable to comply with the audit on the date in question, the taxpayer may request another date within the 30 days, approved in writing, that is convenient to the taxpayer and the local tax administrator.
(D) Every taxpayer shall keep accurate books and records of the taxpayer’s business or activities, including original source documents and books of entry denoting the transactions which had given rise or may have given rise to any tax liability, exemption or deduction. All books shall be kept in the English language and shall be subject to and available for inspection by the city.
(E) It is the duty and responsibility of every taxpayer to make available its books and records for inspection by the city. If the taxpayer or tax collector fails to provide the documents necessary for audit within the time provided, the local tax administrator may issue a tax determination and assessment based on the tax administrator’s determination of the best estimate of the taxpayer’s tax liability.
(F) If an audit determines there has been an overpayment of a locally imposed and administered tax as a result of the audit, written notice of the amount of overpayment shall be given to the taxpayer within 30 days of the city’s determination of the amount of overpayment.
(G) In the event a tax payment was submitted to the incorrect local governmental entity, the local tax administrator shall notify the local governmental entity imposing such tax.
(Ord. 750, passed 12-4-00)
§ 34.48 APPEAL.
(A) The local tax administrator shall send written notice to a taxpayer upon the local tax administrator’s issuance of a protestable notice of tax due, a bill, a claim denial, or a notice of claim reduction regarding any tax. The notice shall include the following information:
(1) The reason for the assessment;
(2) The amount of the tax liability proposed;
(3) The procedure for appealing the assessment; and
(4) The obligations of the city during the audit, appeal, refund and collection process.
(B) A taxpayer who receives written notice from the local tax administrator of a determination of tax due or assessment may file with the local tax administrator a written protest and petition for hearing, setting forth the basis of the taxpayer’s request for a hearing. The written protest and petition for hearing must be filed with the local tax administrator within 45 days of receipt of the written notice of the tax determination and assessment.
(C) If a timely written notice and petition for hearing is filed, the local tax administrator shall fix the time and place for hearing and shall give written notice to the taxpayer. The hearing shall be scheduled for a date (within 14 days) of receipt of the written protests and petition for hearing, unless the taxpayer requests a later date convenient to all parties.
(D) If a written protest and petition for hearing is not filed within the 45 day period, the tax determination, audit or assessment shall become a final bill due and owing without further notice.
(E) Upon the showing of reasonable cause by the taxpayer and the full payment of the contested tax liability along with interest accrued as of the due date of the tax, the local tax administrator may reopen or extend the time for filing a written protest and petition for hearing. In no event shall the time for filing a written protest and petition for hearing be reopened or extended for more than 90 days after the expiration of the 45 day period.
(Ord. 750, passed 12-4-00)
§ 34.49 HEARING.
(A) Whenever a taxpayer or a tax collector has filed a timely written protest and petition for hearing under § 34.48, the local tax administrator shall conduct a hearing regarding any appeal. The taxpayer may request that a hearing officer conduct the hearing rather than the local tax administrator.
(B) No continuances shall be granted except in cases where a continuance is absolutely necessary to protect the rights of the taxpayer. Lack of preparation shall not be grounds for a continuance. Any continuance granted shall not exceed 14 days.
(C) At the hearing the local tax administrator/hearing officer shall preside and shall hear testimony and accept any evidence relevant to the tax determination, audit or assessment. The strict rules of evidence applicable to judicial proceedings shall not apply.
(D) At the conclusion of the hearing, the local tax administrator/hearing officer shall make a written determination on the basis of the evidence presented at the hearing. The taxpayer or tax collector shall be provided with a copy of the written decision.
(Ord. 750, passed 12-4-00)
§ 34.50 INTEREST AND PENALTY.
In the event a determination has been made that a tax is due and owing, through audit, assessment or other bill sent, the tax must be paid within the time frame otherwise indicated.
(A) Interest. The city hereby provides for the amount of interest to be assessed on a late payment, underpayment, or nonpayment of the tax, to be 15% per annum, based on a year of 365 days and the number of days elapsed.
(B) Late filing and payment penalties. If a tax return is not filed within the time and manner provided by the controlling tax ordinance, a late filing penalty of 5% of the amount of tax required to be shown as due on a return shall be imposed, and a late payment penalty of 5% of the tax due shall be imposed. If no return is filed within the time or manner provided by the controlling tax ordinance and prior to the city issuing a notice of tax delinquency or notice of tax liability, then a failure to file penalty shall be assessed equal to 25% of the total tax due for the applicable reporting period for which the return was required to be filed. A late filing or payment penalty shall not apply if a failure to file penalty is imposed by the controlling ordinance.
(Ord. 750, passed 12-4-00)
§ 34.51 ABATEMENT.
The local tax administrator shall have the authority to waive or abate any late filing penalty, late payment penalty or failure to file penalty if the local tax administrator shall determine reasonable cause exists for delay or failure to make a filing.
(Ord. 750, passed 12-4-00)
§ 34.52 INSTALLMENT CONTRACTS.
The city may enter into an installment contract with the taxpayer for the payment of taxes under the controlling tax ordinance. The local tax administrator may not cancel any installment contract so entered unless the taxpayer fails to pay any amount due and owing. Upon written notice by the local tax administrator that the payment is 30 days delinquent, the taxpayer shall have 14 working days to cure any delinquency. If the taxpayer fails to cure the delinquency within the 14 working day period or fails to demonstrate good faith in restructuring the installment contract with the local administrator, the installment contract shall be canceled without further notice to the taxpayer.
(Ord. 750, passed 12-4-00)
§ 34.53 STATUTE OF LIMITATIONS.
The city, through the local tax administrator, shall review all tax returns in a prompt and timely manner and inform taxpayers of any amounts due and owing. The taxpayer shall have 45 days after receiving notice of the reviewed tax returns to make any request for refund or provide any tax still due and owing.
(A) No determination of tax due and owing may be issued more than four years maximum after the end of the calendar year for which the return for the applicable period was filed or for the calendar year in which the return for the applicable period was due, whichever occurs later.
(B) If any tax return is not filed, or if during any four-year period for which a notice of tax determination or assessment may be issued by the city, the tax paid was less than 75% of the tax due, the statute of limitations shall be six years maximum after the end of the calendar year in which return for the applicable period was due or end of the calendar year in which the return for the applicable period was filed.
(C) No statute of limitations shall apply if a fraudulent tax return was filed by the taxpayer.
(Ord. 750, passed 12-4-00)
§ 34.54 VOLUNTARY DISCLOSURE.
For any locally imposed and administered tax for which a taxpayer has not received a written notice of an audit, investigation, or assessment from the local tax administrator, a taxpayer is entitled to file an application with the local tax administrator for a voluntary disclosure of the tax due. A taxpayer filing a voluntary disclosure application must agree to pay the amount of tax due, along with interest of 1% per month, for all periods prior to the filing of the application but not more than four years before the date of filing the application. A taxpayer filing a valid voluntary disclosure application may not be liable for any additional tax, interest, or penalty for any period before the date the application was filed. However, if the taxpayer incorrectly determined and underpaid the amount of tax due, the taxpayer is liable for the underpaid tax along with applicable interest on the underpaid tax, unless the underpayment was the result of fraud on the part of the taxpayer, in which case the application shall be deemed invalid and void. The payment of tax and interest must be made by no later than 90 days after the filing of the voluntary disclosure application or the date agreed to by the local tax administrator. However, any additional amounts owed as a result of an underpayment of tax and interest previously paid under this section must be paid within 90 days after a final determination and the exhaustion of all appeals of the additional amount owed or the date agreed to by the local tax administrator, whichever is longer.
(Ord. 750, passed 12-4-00)
§ 34.55 PUBLICATION OF TAX ORDINANCES.
Any locally administered tax ordinance shall be published via normal or standard publishing requirements. The posting of a tax ordinance on the Internet shall satisfy the publication requirements. Copies of all tax ordinances shall be made available to the public upon request at the City Clerk’s office.
(Ord. 750, passed 12-4-00)
§ 34.56 LIENS.
The local tax administrator shall establish an internal review procedure regarding any liens filed against any taxpayers for unpaid taxes. Upon a determination by the local tax administrator that the lien is valid, the lien shall remain in full force and effect. If the lien is determined to be improper, the local tax administrator shall:
(A) Timely remove the lien at the city’s expense;
(B) Correct the taxpayer’s credit record; and
(C) Correct any public disclosure of the improperly imposed lien.
(Ord. 750, passed 12-4-00)
TAX INCREMENT FINANCING (TIF)
INTERESTED PARTIES REGISTRY
§ 34.65 DEFINITIONS.
As used in these registration rules, the following terms shall have the definitions set forth below.
ACT. The Tax Increment Allocation Redevelopment Act, ILCS Ch. 65, Act 5, §§ 11-74.4-1 et seq., as amended from time to time.
CITY. The city of Farmer City, Illinois, an Illinois municipal corporation.
INTERESTED PARTY(IES). Any organization(s) active within the city; any resident(s) of the city; and any other entity or person otherwise entitled under the act to register in a specific registry who has registered in such registry and whose registration has not been terminated according to these registration rules.
REDEVELOPMENT PROJECT AREA. A redevelopment project area that is intended to qualify (or has subsequently qualified) as a “redevelopment project area” under the act and is subject to the “interested parties” registry requirements of the act.
REGISTRATION FORM. The form appended to these registration rules or such revised form as may be approved by the City Council consistent with the requirements of the act.
REGISTRY or REGISTRIES. Each interested party’s registry, and all such registries, collectively, established by the city pursuant to ILCS Ch. 65, Act 5, § 11-74.4-4.2 for the redevelopment project area.
(Ord. 766, passed 12-17-01)
§ 34.66 ESTABLISHMENT OF REGISTRY.
The City Clerk shall establish a separate interested party’s registry for each redevelopment project area, whether existing as of the date of the adoption of these rules or hereafter established. The City Clerk shall establish a new registry whenever an area has been identified for study and possible designation as a redevelopment project area. In any event the process of establishing the new registry must be completed before the deadline for sending any of the notices required by § 34.74 or any other notices required by the act with respect to the proposed redevelopment project area.
(Ord. 766, passed 12-17-01)
§ 34.67 MAINTENANCE OF REGISTRY.
The registries shall be maintained by the City Clerk or his or her designee.
(Ord. 766, passed 12-17-01)
§ 34.68 REGISTRATION BY RESIDENTS.
An individual seeking to register as an interested person with respect to a redevelopment project area must complete and submit a registration form to the City Clerk. Such individual must also submit a copy of a current driver’s license, voter registration card or such other evidence as may be acceptable to the Clerk to establish the individual’s current official place of residency.
(Ord. 766, passed 12-17-01)
§ 34.69 REGISTRATION BY ORGANIZATIONS.
An organization seeking to register as an interested person with respect to a redevelopment project area must complete and submit a registration form to the City Clerk. Such organization must also submit a copy of a one-page statement describing the organization’s current operations in the city.
(Ord. 766, passed 12-17-01)
§ 34.70 DETERMINATION OF ELIGIBILITY.
All individuals and organizations whose registration form and supporting documentation complies with these registration rules shall be registered in the applicable registry within ten business days of the City Clerk’s receipt of all such documents. The City Clerk shall provide written notice to the registrant confirming such registration. Upon registration, interested parties shall be entitled to receive all notices and documents required to be delivered under these rules or as otherwise required under the act with respect to the applicable redevelopment project area. If the City Clerk determines that a registrant’s registration form and/or supporting documentation is incomplete or does not comply with these registration rules, the Clerk shall give written notice to the registrant specifying the defect(s). The registrant shall be entitled to correct any defects and submit a new registration form and supporting documentation.
(Ord. 766, passed 12-17-01)
§ 34.71 RENEWAL AND TERMINATION.
An interested person’s registration shall remain effective for three years. At any time after such three-year period, the City Clerk may provide written notice by regular mail to the interested person stating that such registration shall terminate unless the interested person renews the registration within 30 days of the Clerk’s mailing of written notice. To renew the registration, the interested person shall, within 30 days complete and submit the same registration form and supporting documentation then required of initial registrants to permit the City Clerk to confirm such person’s residency or such organization’s operations in the city. The registration of all individuals and organizations whose registration form and supporting documentation is submitted and complies with these regulation rules shall be renewed for an additional, consecutive three-year period. If the City Clerk determines that a registrant’s renewal registration form and/or supporting documentation is incomplete or does not comply with these registration rules, the Clerk shall give written notice to the registrant at the address specified in the renewal registration form submitted by such registrant, specifying the defect(s). The registrant shall be entitled to correct any defects and resubmit a new registration form and supporting documentation within 30 days of receipt of the City Clerk’s notice. If all defects are not corrected within 30 days of the interested person’s receipt of the City Clerk’s notice, the interested person’s registration shall be terminated. Any interested person whose registration is terminated shall be entitled to register again as if a first-time registrant.
(Ord. 766, passed 12-17-01)
§ 34.72 AMENDMENT TO REGISTRATION.
An interested party may amend its registration by giving written notice to the City Clerk by certified mail of any of the following: a change in address for notice purposes; for organizations, a change in the name of the contact person; and a termination of registration. Upon receipt of such notice, the City Clerk shall revise the applicable registry accordingly.
(Ord. 766, passed 12-17-01)
§ 34.73 REGISTRIES AVAILABLE FOR PUBLIC INSPECTION.
Each registry shall be available for public inspection during normal business hours. The registry shall include the name, address and telephone number of each interested person and, for organizations, the name and phone number of a designated contact person.
(Ord. 766, passed 12-17-01)
§ 34.74 NOTICES TO BE SENT TO INTERESTED PARTIES.
Interested parties shall be sent the following notices and any other notices required under the act with respect to the applicable redevelopment project area:
(A) Pursuant to ILCS Ch. 65, Act 5, § 11-74.4-5(a), notice of the availability of a proposed redevelopment plan and eligibility report, including how to obtain this information, shall be sent by mail within a reasonable period after the adoption of the ordinance fixing the public hearing for the proposed redevelopment plan.
(B) Pursuant to ILCS Ch. 65, Act 5, § 11-74.4-5(a), notice of changes to proposed redevelopment plans that do not add additional parcels of property to the proposed redevelopment project area, substantially affect the general land uses proposed in the redevelopment plan, substantially change the nature of or extend the life of the redevelopment project, or increase the number of low or very low income households to be displaced from the redevelopment project area, provided that measured from the time of creation of the redevelopment project area the total displacement of households will exceed ten; such notice shall be sent by mail by ten days following the adoption by ordinance of such changes.
(C) Pursuant to ILCS Ch. 65, Act 5, § 11-74.4-5(c), notice of amendments to previously approved redevelopment plans that do not: add additional parcels of property to the redevelopment project area, substantially affect the general land uses in the redevelopment plan, substantially change the nature of the redevelopment project, increase the total estimated redevelopment project costs set out in the redevelopment plan by more than 5% after adjustment for inflation from the date the plan was adopted, add additional redevelopment project costs to the itemized list of redevelopment project costs set out in the redevelopment plan or increase the number of low- or very-low-income households to be displaced from the redevelopment project area, provided that measured from the time of creation of the redevelopment project area the total displacement of households will exceed ten; such notice shall be sent by mail not later than ten days following the adoption by ordinance of any such amendment.
(D) Pursuant to ILCS Ch. 65, Act 5, § 11-74.4-5(d)(9) for redevelopment plans or projects that would result in the displacement of residents from ten or more inhabited residential units or that contain 75 or more inhabited residential units, notice of the availability of the annual report described by ILCS Ch. 65, Act 5, § 11-74.4-5(d), including how to obtain the annual report; such notice shall be sent by mail within a reasonable period of time after completion of the certified audit report.
(E) Pursuant to ILCS Ch. 65, Act 5, § 11-74.4-6(e), notice of the preliminary public meeting required under the act for a proposed redevelopment project area that will result in the displacement of ten or more inhabited residential units or which will contain 75 or more inhabited residential units, such notice shall be sent by certified mail not less than 15 days before the date of such preliminary public meeting.
(Ord. 766, passed 12-17-01)
§ 34.75 NONINTERFERENCE.
These registration rules shall not be used to prohibit or otherwise interfere with the ability of eligible organizations and individuals to register for receipt of information to which they are entitled under the act.
(Ord. 766, passed 12-17-01)
§ 34.76 AMENDMENT OF REGISTRATION RULES.
These registration rules may be amended by the City Council, subject to and consistent with the requirements of the act.
(Ord. 766, passed 12-17-01)
§ 34.99 PENALTY.
Any taxpayer who fails to make a return, or who makes a fraudulent return, or who willfully violates any provision of § 34.30 is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $25 per day until the return is properly filed, and in addition shall be liable in a civil action for the amount of tax due.
(Ord. 668, passed 10-7-96)
CHAPTER 35: EMERGENCY SERVICES AND DISASTER AGENCY
Section
35.01 Establishment
35.02 Coordinator
35.03 Agency functions
35.04 ESDA members may serve as mobile support team
35.05 Agreements with other political subdivisions
35.06 ESDA responsibility in state emergency
35.07 Compensation
35.08 Reimbursement by state
35.09 Purchase contracts; procurement during disaster
35.10 Oath
35.11 Office space
35.12 Appropriation; levy of taxes
§ 35.01 ESTABLISHMENT.
There is hereby created the City Emergency Services and Disaster Agency (ESDA) to prevent, minimize, repair, and alleviate injury or damage resulting from disaster caused by enemy attack, sabotage or other hostile actions or from natural or manmade disaster, in accordance with “The Illinois Emergency Services and Disaster Act of 1975.”
(Ord. 469, passed 11-6-78)
§ 35.02 COORDINATOR.
(A) The Coordinator of the city ESDA shall be appointed by the Mayor and shall serve until removed by same.
(B) The Coordinator shall have direct responsibility for the organization, administration, training and operation of the ESDA, subject to the direction and control of the Mayor as provided by statute.
(C) In the event of the absence, resignation, death or inability to serve as the Coordinator, the Mayor or any person designated by him, shall be and act as Coordinator until a new appointment is made as provided in this chapter.
(Ord. 469, passed 11-6-78)
§ 35.03 AGENCY FUNCTIONS.
The City ESDA shall perform such ESDA functions within the city as shall be prescribed in and by the State ESDA plan and program prepared by the Governor, and such orders, rules and regulations as may be promulgated by the Governor, and in addition shall perform such duties outside the corporate limits as may be required pursuant to any mutual aid agreement with any other political subdivision, municipality or quasi-municipality entered into as provided in the “State ESDA Act of 1975.”
(Ord. 469, passed 11-6-78)
§ 35.04 ESDA MEMBERS MAY SERVE AS MOBILE SUPPORT TEAM.
(A) All or any members of the City ESDA organization may be designated as members of a mobile support team created by the Director of the State ESDA as provided by law.
(B) The leader of the mobile support team shall be designated by the Coordinator of the City ESDA organization.
(C) Any member of a mobile support team who is a city employee or officer while serving on call to duty by the Governor, or the State Director, shall receive the compensation and have the powers, duties, rights and immunities incident to such employment or office. Any such member who is not a paid officer or employee of the city, while so serving, shall receive from the state reasonable compensation as provided by law.
(Ord. 469, passed 11-6-78)
§ 35.05 AGREEMENTS WITH OTHER POLITICAL SUBDIVISIONS.
The Coordinator of ESDA may negotiate mutual aid agreements with other cities or political subdivision of the state, but no such agreement shall be effective until it has been approved by the Mayor and by the State Director of ESDA.
(Ord. 469, passed 11-6-78)
§ 35.06 ESDA RESPONSIBILITY IN STATE EMERGENCY.
If the Governor proclaims that a disaster emergency exists in the event of actual enemy attack upon the United States or the occurrence within the state of a major disaster resulting from enemy sabotage or other hostile actions or from man-made or natural disaster, it shall be the duty of the City ESDA to cooperate fully with the State ESDA and with the Governor in the exercise of emergency powers as provided by law.
(Ord. 469, passed 11-6-78)
§ 35.07 COMPENSATION.
Members of the ESDA who are paid employees or officers of the city, if called for training by the state director of ESDA, shall receive for the time spent in such training the same rate of pay as is attached to the position held; members who are not such city employees or officers shall receive for the training time such compensation as may be established by the Mayor.
(Ord. 469, passed 11-6-78)
§ 35.08 REIMBURSEMENT BY STATE.
The State Treasurer may receive and allocate to the appropriate fund, any reimbursement by the state to the city for expenses incident to training members of the ESDA as prescribed by the State Director of ESDA, compensation for services and expenses of members of a mobile support team while serving outside the city in response to a call by the Governor or State Director of ESDA, as provided by law, and any other reimbursement made by the state incident to ESDA activities as provided by law.
(Ord. 469, passed 11-6-78)
§ 35.09 PURCHASE CONTRACTS; PROCUREMENT DURING DISASTER.
(A) The Mayor may, on recommendation of the city coordinator of ESDA,authorize any purchase of contracts necessary to place the city in a position to combat effectively any disaster resulting from the explosion of any nuclear or other bomb or missile, and to protect the public health and safety, protect property, and provide emergency assistance to victims in the case of such disaster, or from man-made or natural disaster.
(B) In the event of enemy caused or other disaster, the City Coordinator of ESDA is authorized, on behalf of the city, to procure such services, supplies, equipment or material as may be necessary for such purposes, in view of the exigency without regard to the statutory procedures or formalities normally prescribed by law pertaining to city contractor obligations, as authorized by “The State ESDA Act of 1975″ provided that if the Mayor meets at such time he shall act subject to the directions and restrictions imposed by that body.
(Ord. 469, passed 11-6-78)
§ 35.10 OATH.
Every person appointed to serve in any capacity in the city ESDA organization shall, before entering upon his duties, subscribe to the following oath, which shall be filed with the coordinator:
I, , do solemnly swear (or affirm) that I will support and defend and bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of Illinois, and the territory, instructions, and facilities thereof, both public and private, against all enemies, foreign and domestic; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. And I do further swear (or affirm) that I do not advocate, nor am I nor have I been a member of any political party or organization that advocates the overthrow of the government of the United States or of this State by force or violence; and that during such time as I am affiliated with the ESDA organization I will not advocate nor become a member of any political party or organization that advocates the overthrow of the government of the United States or of this State by force or violence.
(Ord. 469, passed 11-6-78)
§ 35.11 OFFICE SPACE.
The Mayor is authorized to designate space in a city building, or elsewhere, as may be provided for by the Mayor for the city ESDA as its office.
(Ord. 469, passed 11-6-78)
§ 35.12 APPROPRIATION; LEVY OF TAXES.
The Mayor may make an appropriation for ESDA purposes in the manner provided by law, and may levy in addition for ESDA purposes only, a tax not to exceed $.05 per $100 of the assessed value of all taxable property in addition to all other taxes, as provided by the “The State ESDA Act of 1975,” however, that amount collectible under such levy shall in no event exceed $.25 per capita.
(Ord. 469, passed 11-6-78)
CHAPTER 36: MUNICIPAL AMBULANCE SERVICE
Section
36.01 Establishment
36.02 Supervision
36.03 Charges for service
36.04 Authority to enter into agreements
§ 36.01 ESTABLISHMENT.
There is hereby established a municipal ambulance service for the purpose of providing emergency transportation of sick, injured, wounded or otherwise incapacitated or helpless persons within the limits of the city and beyond the limits of the city where contractual agreements with local governmental units have been or may be made.
(Ord. 430, passed 5-20-74)
§ 36.02 SUPERVISION.
The operation of the ambulance service shall be under the direction of the corporate authorities of the city or their delegate.
(Ord. 430, passed 5-20-74)
§ 36.03 CHARGES FOR SERVICE.
The charges for this ambulance service shall be determined from time to time by resolution of the City Council. Until changed by resolution the charges for ambulance service are hereby established as follows:
(A) Fifty dollars per trip to each of the following cities:
(1) Champaign, Illinois;
(2) Urbana, Illinois;
(3) Bloomington, Illinois;
(4) Normal, Illinois;
(5) Clinton, Illinois;
(6) Monticello, Illinois;
(7) Gibson City, Illinois;
(8) Decatur, Illinois.
(B) Service to all other locations shall be $50 plus $1 per loaded mile.
(Ord. 430, passed 5-20-74)
§ 36.04 AUTHORITY TO ENTER INTO AGREEMENTS.
The Mayor and City Clerk are hereby authorized to enter into agreements in the form set out below as a part of this section, with surrounding local governmental units concerning ambulance service.
AGREEMENT FOR AMBULANCE SERVICE
This agreement is made and entered into by and between the City of Farmer City, Illinois hereinafter referred to as “City,” and the Town or Village of , COUNTY, Illinois, hereinafter referred to as the Town or Village whichever term is applicable.
WHEREAS, the City of Farmer City by action of the City Council on , 19 , has assumed the responsibility for providing ambulance and medical transportation service to the residents of the city and whereas the governing body of The Town or Village of has determined that ambulance service can best be obtained by entering into an agreement with the City to provide the same:
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. The City will provide ambulance service for accident victims, ill persons needing transportation to or from the hospital, doctor’s office, nursing home, etc.
2. That the Town or Village of shall contribute and pay over to the City to defray a portion of the cost of the operation of the emergency medical transportation program a sum of money to be computed as follows: $2.50 per capita per year based on United States census figures excluding the population of the following governmental unit within the township:
3. That the above contribution shall cover the calendar year January 1, 19 through December 31, 19 . One half of the above amount will additionally be paid prior to September 1, 19 to cover service for the period June 1, 19 through December 31, 19 .
4. That in addition to the annual fee set for the above the Town or Village shall guarantee the collectability of each ambulance service call within its boundaries. The city agrees to make a diligent effort to collect the ambulance service all fee from the individual transported in the ambulance.
5. That the ambulance vehicle or vehicles and all equipment attached thereto is and shall remain the property of the City of Farmer City. That the City of Farmer City shall administer the ambulance service and shall be solely responsible for hiring and training and shall be solely responsible for hiring and training personnel and shall have sole jurisdiction and control over said personnel.
6. That the City shall have the right to set the amount of the ambulance service call fee by resolution and to change the service call fee by resolution at any time hereafter.
7. That the City shall, by ordinance, license and regulate all ambulance services operating within the City; and that Town or Village
agrees to adopt and enforce an identical regulation.
8. That the supervisor of the Town of or his appointee, or the President of the Village Board or his appointee will be a member of an advisory board, and the advisory board and the City Council will hold meetings no less than annually for mutual understanding and guidance concerning the ambulance service.
The terms of this agreement shall be annually renewed from year to year hereafter unless terminated by either party. The Town or Village Board may terminate this agreement at the end of any calendar year by giving the City a written notice of such election at least thirty days prior to the end of the calendar year. The City may terminate this agreement at any time by refunding pro rate the prepaid annual fee and providing written notice of its intention.
This agreement shall become effective , 19 , as approved by the various governing bodies who are parties hereto and signed by the appropriate officers.
Dated this date of , A.D. 19 .
CITY OF FARMER CITY, ILLINOIS
BY:
MAYOR
ATTEST:
CITY CLERK
(CORPORATE SEAL)
TOWN BOARD OF AUDITORS
OR
ATTEST:
VILLAGE CLERK
(CORPORATE SEAL)
(Ord. 430, passed 5-20-74)
