[HISTORY: Adopted by the Board of Trustees of the Village of Coal City as §§ 30.1 through 30.99 of the 1984 Code. Amendments noted where applicable.]
The provisions of this Title III shall apply alike to all officers or employees of the Village, regardless of the time of the creation of the office or of the time of the appointment of the officer.
Appointments. The President, with the consent of the Village Board, shall make appointments to fill all appointive offices. Employees shall be selected by the President and Village Board.
Elections for Village offices shall be held as is provided by statute.
Pursuant to ILCS Ch. 65, Act 5, § 4-3-1, the terms of newly elected Village officers shall commence and they shall be inaugurated at the first regular or special meeting of the corporate authorities of the Village in the month of May following the date of their election.
[Amended 11-12-1990 by Ord. No. 90-16; 5-26-1998 by Ord. No. 98-2; 6-12-2000 by Ord. No. 00-08; 5-24-2010 by Ord. No. 10-04]
A probationary period of six months is hereby established for all Village employees except members of the Police Department. Members of the Police Department shall serve a probationary period as specified by the Board of Fire and Police Commissioners and the rules and regulations approved and promulgated by the Board of Fire and Police Commissioners.
Any essential employees residing outside the Village who are employed by the Village, excluding members of the Police Department, shall, after having served the required probationary period, be required within a period of six months thereafter to establish residence within the boundaries of the Coal City School District. For the purpose of this standard, "essential employees" are defined as those persons employed by the Village who hold a leadership position within the Village and are assigned the department head and/or supervisor function within their department as well as each of the aforementioned employees' immediate successor within the department's staff. This subsection shall not apply to any Village employee hired prior to the effective date of this section.
Nothing contained in this section shall be construed to prohibit the Village from engaging experts in various technical fields to consult with the Village, even though experts need not be a resident of the Village.
Every appointive officer or employee of the Village shall hold office for a term of one year or until his or her successor is appointed and qualified unless it is otherwise provided by ordinance. Employees selected shall serve until removed by action of the Village Board or recommendation of the appointing officer.
Every officer of the Village, on termination of his or her office, for any cause whatsoever, shall deliver to his or her successor all books and records which may be the property of the Village. If no successor has been appointed within one week after the termination of office, the property shall be delivered to the Village Clerk.
[Amended 7-27-2016 by Ord. No. 16-16]
Any officer or employee assigned to any department or division of the Village may be required to perform work in any other department or division by the Village President or the respective department head, except members of the Police Department.
All records kept by any officer of the Village shall be open to inspection by the Village President or any member of the Village Board at all reasonable times, whether or not such records are required to be kept by statute or ordinance.
Every officer of the Village shall at least once each day turn over all moneys received by him or her in his or her official capacity to the Village Clerk with a statement showing the source from which the moneys were received.
Every officer of the Village shall, before entering upon his or her duties, take the oath prescribed by state law.
Generally. Every officer and employee shall, if required by the Village Board before entering upon the duties of his or her office, give a bond in such amount as may be determined by the Village Board and with such sureties as it may approve, conditioned upon the faithful performance of the duties of his or her office or position.
Whenever a surety bond to indemnify the Village is required as a prerequisite to exercising the duties of any office or position, or to the issuance of a license or permit or the exercise of any special privilege, the surety on the bond shall be a corporation licensed and authorized to do business in this state as a surety company, in the absence of specific provision to the contrary by ordinance.
Whenever in the Village's opinion additional sureties may be needed on any bond to indemnify the Village against loss or liability because of the insolvency of the existing surety or for any other reason, the Village Board may order a new surety to be secured for the bond. If the new surety is not procured within 10 days from the time the order is transmitted to the principal on the bond or his or her assignee, the Village Board shall declare the bond to be void; thereupon, the principal or assignee shall be deemed to have surrendered the privilege of position as a condition of which the bond was required.
[Amended 5-12-1986 by Ord. No. 86-10; 4-26-1999 by Ord. No. 99-2; 6-14-1999 by Ord. No. 99-05; 10-25-1999 by Ord. No. 99-17; 4-26-2010 by Ord. No. 10-13]
Generally. All officers and employees of the Village shall receive salaries as provided from time to time by ordinance. No officer or employee receiving a salary from the Village shall be entitled to retain any portion of any fees collected by him or her in the performance of his or her duties as Village officer or employee in the absence of a specific ordinance provision to that effect.
Salary of President. The salary of the President is fixed at the sum of $10,000 per annum, payable quarterly. The President, in addition thereto, is recompensed for all expenses incurred by him or her in and about his or her duties as such in an amount not to exceed the sum fixed by the annual budget ordinance for such purpose.
[Amended 7-27-2016 by Ord. No. 16-16; 10-10-2018 by Ord. No. 18-25]
Village Clerk's salary. The salary of the Village Clerk shall be $5,000 per annum, payable in 12 monthly installments.
[Amended 10-10-2018 by Ord. No. 18-25]
Village Treasurer's salary. The salary of the Village Treasurer shall be $500 per annum, payable at the end of the fiscal year.
Village Attorney's compensation. The Village Attorney shall have no regular, fixed salary but is paid upon a per-diem basis for such duties and functions as he or she may perform in accordance with the usual and customary fees for such services in this county.
Compensation for Liquor Control Commissioner. The salary for Liquor Control Commissioner is fixed at the sum of $500, payable annually.
Compensation for President of the Board of Improvements. The compensation for President of the Board of Improvements is fixed at the sum of $250, payable annually beginning in April 1985.
Salary of Trustees. The salary of the Village Trustees is fixed at the sum of $5,000 per year, payable in 12 monthly installments. The Trustees, in addition thereto, shall be recompensed for all expenses incurred by them in and about their duties as such in an amount not to exceed the sum fixed by the annual budget ordinance for that purpose.
[Amended 7-27-2016 by Ord. No. 16-16; 10-10-2018 by Ord. No. 18-25]
[Amended 4-26-1999 by Ord. No. 99-2; 7-27-2016 by Ord. No. 16-16]
After receiving a certificate attesting to the successful completion of a training course administrated by the Illinois Law Enforcement Training Standards Board, the President, members of the Village Board, and every member of the Police Department are declared by statute to be conservators of the peace.
No person shall interfere with or hinder any Village officer or employee who is engaged in the duties of his or her office.
The Village elects to participate in the state Municipal Retirement Fund, effective January 1, 1974.
[Amended 2-10-1997 by Res. No. 97-1]
The Village Board does hereby elect to include earnings reportable to IMRF compensation paid under an I.R.C. Section 125 plan and/or compensation directed into a premium conversion plan or flexible spending account effect July 1994.
The Village Clerk is authorized and directed to file a duly certified copy of this resolution with the Illinois Municipal Retirement Fund.
[Added 5-24-2004 by Ord. No. 04-16]
The regulations of Section 5-15 (ILCS Ch. 5, Act 430, § 5-15) and Article 10 (ILCS Ch. 5, Act 430, §§ 10-10 through 10-40) of the State Officials and Employees Ethics Act, ILCS Ch. 5, Act 430, §§ 1-1 et seq. (hereinafter referred to as the "Act" in this section), are hereby adopted by reference and made applicable to the officers and employees of the Village to the extent required by ILCS Ch. 5, Act 430, § 70-5.
The solicitation or acceptance of gifts prohibited to be solicited or accepted under the Act, by any officer or any employee of the Village, is hereby prohibited.
The offering or making of gifts prohibited to be offered or made to an officer or employee of the Village under the Act is hereby prohibited.
The participation in political activities prohibited under the Act, by any officer or employee of the Village, is hereby prohibited.
For purposes of this section, the terms "officer" and "employee" shall be defined as set forth in ILCS Ch. 5, Act 430, § 70-5(c).
The penalties for violations of this section shall be the same as those penalties set forth in ILCS Ch. 5, Act 430, § 50-5, for similar violations of the Act.
This section does not repeal or otherwise amend or modify any existing ordinances or policies which regulate the conduct of Village officers and employees. To the extent that any such existing ordinances or policies are less restrictive than this section, however, the provisions of this section shall prevail in accordance with the provisions of ILCS Ch. 5, Act 430, § 70-5(a).
Any amendment to the Act that becomes effective after the effective date of this section shall be incorporated into this section by reference and shall be applicable to the solicitation, acceptance, offering, and making of gifts and to prohibited political activities. However, any amendment that makes its provisions optional for adoption by municipalities shall not be incorporated into this section by reference without formal action by the corporate authorities of the Village.
If the Illinois Supreme Court declares the Act unconstitutional in its entirety, then this section shall be repealed as of the date that the Illinois Supreme Court's decision becomes final and not subject to any further appeals or rehearings. This section shall be deemed repealed without further action by the corporate authorities of the Village if the Act is found unconstitutional by the Illinois Supreme Court.
If the Illinois Supreme Court declares part of the Act unconstitutional but upholds the constitutionality of the remainder of the Act, or does not address the remainder of the Act, then the remainder of the Act as adopted by this section shall remain in full force and effect; however, that part of this section relating to the part of the Act found unconstitutional shall be deemed repealed without further action by the corporate authorities of the Village.
[Amended 3-21-2001 by Res. No. 01-01; 3-14-2005 by Res. No. 05-07]
The Village hereby adopts the deferred compensation plan (the "Plan") in the form of the ICMA Retirement Corporation Deferred Compensation Plan and Trust, referred to as Appendix A attached to Res. No. 01-01.
The Village hereby executes the declaration of trust of the ICMA Retirement Trust, attached to Res. No. 01-01 as Appendix B, intending this execution to be operative with respect to any retirement or deferred compensation plan subsequently established by the Village, if the assets of the plan are to be invested in the ICMA Retirement Trust.
The assets of the Plan shall be held in trust, with the Village serving as trustee, for the exclusive benefit of the Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose.
The Plan will not permit loans.
The Village hereby agrees to serve as trustee under the Plan.
The Village Administrator shall be the coordinator for this program, shall receive necessary reports, notices, and the like, from the ICMA Retirement Corporation or the ICMA Retirement Trust; shall cast, on behalf of the employer, any required votes under the ICMA Retirement Trust, may assign administrative duties to carry out the plan to the appropriate departments, and is authorized to execute all necessary agreements with ICMA Retirement Corporation incidental to the administration of the Plan.
[Amended 7-27-2016 by Ord. No. 16-16]
Whoever violates any provisions of this chapter for which no other penalty is specified shall be subject to the penalty set forth in § 10-99 of the Code.