[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.]
[Amended 3-10-2021 by Ord. No. 21-04]
Except as otherwise provided, 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.
A.
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.
B.
Elections.
(1)
Elections for Village offices shall be held as is provided by statute.
(2)
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.
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.
B.
Unless otherwise provided by an individual employment contract or
as may otherwise be provided by law pertaining to elected and certain
appointed officials, all Village employees, 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 either i) within 20 miles of the Coal City Village Hall
or ii) within any portion of a municipality which is located within
20 miles of the Coal City Village Hall, regardless of the actual distance
between the employee's place of residence and Coal City Village Hall.
For purposes of the employment residency requirement provided herein,
"residency" shall mean the occupation of a dwelling place used as
a home as the employee's principal place of residence and abode. This
subsection shall not apply to any Village employee hired prior to
the effective date of this section.
[Amended 3-10-2021 by Ord. No. 21-04]
C.
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.
A.
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.
B.
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.
A.
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.
B.
Surety bonds.
(1)
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.
(2)
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]
A.
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.
B.
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]
C.
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]
D.
Village Treasurer's salary. The salary of the Village Treasurer shall
be $500 per annum, payable at the end of the fiscal year.
E.
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.
F.
Compensation for Liquor Control Commissioner. The salary for Liquor
Control Commissioner is fixed at the sum of $500, payable annually.
G.
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.
H.
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]
A.
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.
B.
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]
A.
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.
B.
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.
C.
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.
D.
The participation in political activities prohibited under the Act,
by any officer or employee of the Village, is hereby prohibited.
E.
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).
F.
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.
G.
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).
H.
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.
I.
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.
J.
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]
A.
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.
B.
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.
C.
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.
D.
The Plan will not permit loans.
E.
The Village hereby agrees to serve as trustee under the Plan.
F.
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.
