(A)
The Corporate Seal of the Village shall be the same as that heretofore
provided and used by the Village. It shall be circular in form with
the words and numbers "Village of Brownstown, Incorporated 1909" in
the exterior circle, and the word "Seal" in the interior circle.
(B)
The Corporate Seal shall be used as such seal in all cases provided
for by law or by the ordinances of the Village and in all other cases
in which, by law and custom, it is usual and necessary for the corporation
to use a seal. The seal shall be and remain with the Village Clerk
who shall be the legal custodian.
(A)
Election Procedure. The provisions of Illinois Compiled Statutes
Chapter 10, concerning municipal elections, shall govern the conduct
of the Village elections.
(B)
Inauguration. The inauguration of newly elected Village officials
shall occur at the first regular or special meeting of the Village
Board in the month of May following the general municipal election
in April.
No Trustee of this Village, during the term of office for which
he is elected, may accept or be appointed to or hold any office appointed
by the Mayor, except if such Trustee is granted a leave of absence
from such office. However, such Trustee may serve as a volunteer fireman
and receive compensation for such service. Any appointment in violation
of this section is void.
(A)
Effect. The provisions of this division shall apply alike to all
officers and employees of the Village, regardless of the time of creation
of the office or position or the time of the appointment of the officer
or employee.
(B)
Qualifications; Appointive Office.
(1)
No person shall be eligible for any appointive municipal office
unless that person is a qualified elector of the municipality or otherwise
provided by law.
(2)
The residency requirements do not apply, however, to municipal
engineers, health officers, attorneys, or other officers who require
technical training or knowledge, to appointed Village treasurers,
appointed Village clerks, or to appointed Village collectors (unless
the Village has designated by ordinance that the Village Clerk shall
also hold the Office of Collector).
[Amended 12-17-2019 by Ord. No. 2019-12-02]
(C)
Bond. Every officer and employee shall, if required by the Village
Board upon entering upon the duties of his office, give a bond in
such amount and with such sureties as may be determined by the Board,
conditioned upon the faithful performance of the duties of his office
or position.
(D)
Books Delivered to Successor. Every officer shall, upon going out of office, deliver to his successor, all books, papers, furniture, and other things appertaining to such office, and which are the property of the Village. Within five days after written notification and request, any person who has been an officer of a municipality is required to deliver to his successor in office all property, books and effects in his possession belonging to the municipality, or pertaining to the office he has held. Upon his refusal to do so, he shall be liable for all damages caused thereby, and shall, upon conviction, be penalized according to the provisions of § 1-1-41 of this Code. He shall not receive his final check until his Village Code Book and keys are turned over to the Village Clerk.
[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
(E)
Books Open to Inspection. Every officer shall, at all times when
required, submit the books and papers of his office to the inspection
of the Mayor or any committee or member of the Board of Trustees.
(F)
Fees; Report of Fees. No officer of the municipality shall be entitled
to charge or receive any fees as against the Village. All officers
of the Village entitled to receive fees shall keep a correct account
thereof, and make a report thereof under oath to the Village Board
prior to the regular meeting of each month. In the report, they shall
specify from whom such fees were received, for what service, and when
received. All fees received shall be paid over into the Village Treasury.
(G)
Other Rules and Regulations. Every officer of the Village shall perform
such other duties and be subject to such other rules and regulations
as the Village Board may provide by law.
(H)
Conservators of Peace.
(1)
After receiving a certificate attesting to the successful completion
of a training course administered by the Illinois Law Enforcement
Training Standards Board, the Mayor, Trustees and policemen in municipalities
shall be conservators of the peace. Those persons and others authorized
by ordinance shall have power:
(a)
To arrest or cause to be arrested, with or without process,
all persons who break the peace or are found violating any municipal
ordinance or any criminal law of the state;
(b)
To commit arrested persons for examination;
(c)
If necessary, to detain arrested persons in custody over night
or Sunday in any safe place or until they can be brought before the
proper court; and
(d)
To exercise all other powers as conservators of the peace prescribed
by the corporate authorities.
(2)
All warrants for the violation of municipal ordinances or the
state criminal law directed to any person may be served and executed
within the limits of a municipality by any policeman of the municipality.
For that purpose, policemen have all the common law and statutory
powers of sheriffs.
(I)
Oath. Before entering upon the duties of their respective offices,
all municipal officers, whether elected or appointed, shall take and
subscribe to the following oath:
"I, __________, do solemnly swear that I will support the Constitution
of the United States and the Constitution of the State of Illinois,
and that I will faithfully discharge the duties of the office of __________
__________, according to the best of my ability."
The Mayor and the Clerk shall have the power to administer this
oath or affirmation upon all lawful occasions.
Any officer of the Village may resign from office. If such officer
resigns, he shall continue in office until his successor has been
chosen and has qualified. If there is a failure to appoint a Village
officer or the person appointed fails to qualify, the person filling
the office shall continue in office until his successor has been chosen
and has qualified.
(A)
A person is not eligible for an elective municipal office unless
that person is a qualified elector of the municipality and has resided
in the municipality at least one year next preceding the election.
(B)
A person is not eligible for an elective municipal office if that
person is in arrears in the payment of a tax or other indebtedness
due to the municipality or has been convicted in any court located
in the United States of any infamous crime, bribery, perjury, or other
felony, unless such person is again restored to his or her rights
of citizenship that may have been forfeited under Illinois law as
a result of a conviction, which includes eligibility to hold elected
municipal office, by the terms of a pardon for the offense, has received
a restoration of rights by the Governor, or otherwise according to
law. Any time after a judgment of conviction is rendered, a person
convicted of an infamous crime, bribery, perjury or other felony may
petition the Governor for a restoration of rights.
[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
(C)
A person is not eligible for the office of trustee unless that person
has resided in the municipality, as the case may be, at least one
year next preceding the election or appointment.
(B)
Premium Payment by Village. The surety bonds required by law shall
be paid by the Village.
(C)
Surety. The Village Board shall not receive or approve any bond or
security whereon the name of the Village Board, any one of the Board
of Trustees or any elected or appointed officer of the Village appear
as bondsman or security. If, by mistake, a bond containing the name
of any such officer is approved by the Village Board or if any bondsman,
after becoming such is elected or appointed to any Village office,
this section shall not act as a release of any such obligation incurred.
(A)
Purchase. The Village Board shall have the power to purchase liability
insurance covering and insuring all municipal officers, employees
and elected officials; said insurance to cover incidents occurring
while in the performance of their duties, which insurance may insure,
cover and protect any liability which the municipal corporation, officer,
employee or elected official may incur. When the insurance has been
purchased, the Village shall be responsible for all premiums and deductible
charges called for by any valid liability insurance policy covering
the municipal corporation, officer, employee or elected official.
(B)
Indemnification. If the Village Board elects not to purchase liability
insurance covering and insuring municipal officers, elected officials
and employees as provided in this section, then the Village shall
indemnify and cause to defend municipal officers, elected officials
and employees from any claim filed by an individual, partnership or
corporation when the claim is founded on any act or omission of the
municipal officers, elected officials or employees while in the performance
of their official duties, except the Village shall not indemnify,
but shall defend any municipal officer, elected official or employee
from any claim made by an individual, partnership or corporation wherein
the claim alleges that the municipal officer, elected official or
employee acted intentionally, maliciously or wantonly and further,
shall not indemnify or cause to defend the officials or employees
where the claim is directly or indirectly related to the negligent
care or use of a vehicle as defined by the Illinois Compiled Statutes,
and the Village shall not indemnify any municipal officer, elected
official or employee from any claim made by a municipal officer, elected
official or employee. Notwithstanding any other provision of this
Code, the Village shall not indemnify or cause to defend any municipal
officers, elected officials or employees if the municipal officers,
elected officials or employees have liability insurance insuring the
municipal officers, elected officials or employees from the alleged
claim; however, the Village shall indemnify the municipal officer,
elected official or employee the personal deductible limits of his
personal policy.
(A)
Competitive Bidding Required. Any work or other public improvement
which is not to be paid for in whole or in part by special assessment
or special taxation, and all purchases of and contracts for supplies,
materials, and services shall, except as specifically provided herein,
be based whenever possible on competitive bids.
(B)
Formal Contract Procedure. All work or other public improvement which
is not to be paid for in whole or in part by special assessment or
special taxation, and all purchases, orders or contracts for supplies,
materials, equipment or contractual services except as otherwise provided
herein, when the estimated cost thereof shall exceed $25,000, shall
be purchased from the lowest responsible bidder, after due notice
inviting bids, unless competitive bidding is waived by a vote of 2/3
of the Trustees then holding office.
[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
(C)
Notice Inviting Bids. Notices inviting bids shall be published at
least once in a newspaper with general circulation within the Village.
The Village shall also advertise all pending work or purchases by
posting a notice on the public bulletin board in the Village Hall.
(D)
Scope of Notice. The newspaper notice required herein shall include
a general description of the work to be performed or the articles
to be purchased, shall state where specifications may be secured,
and the time and place for opening bids.
(E)
Bid Deposits. When deemed necessary by the Board of Trustees, bid
deposits shall be prescribed in the public notices inviting bids.
Unsuccessful bidders shall be entitled to the return of their bid
deposits upon the award of the contract by the Board of Trustees.
A successful bidder shall forfeit any bid deposit required by the
Board of Trustees upon failure on his part to enter into a contract
within 10 days after the award.
(F)
Bid Opening Procedure.
(1)
Sealed. Bids shall be submitted sealed to the Village and shall
be identified as bids on the envelope.
(2)
Opening. Bids shall be opened in public at the time and place
stated in the public notice.
(3)
Tabulation. A tabulation of all bids received shall be made
by the Board of Trustees or by a Village employee, in which event,
a tabulation of the bids shall be furnished to the Board of Trustees
at its next regular meeting.
(G)
Rejection of Bids. The Village shall have the authority to reject
all bids or parts of all bids when the public interest will be served
thereby.
(H)
Bidders in Default to Village. The Village shall not accept the bid
of a contractor who is in default on the payment of taxes, licenses
or other monies due the Village.
(I)
Award of Contract.
(1)
Authority in Village. The Board of Trustees shall have the authority
to award contracts within the purview of this section.
(2)
Lowest Responsible Bidder. Contracts shall be awarded to the
lowest responsible bidder on the basis of the bid that is in the best
interest of the Village to accept. In awarding the contract, in addition
to price, the Board of Trustees shall consider:
(a)
The ability, capacity and skill of the bidder to perform the
contract to provide the service required;
(b)
Whether the bidder can perform the contract or provide the service
promptly, or within the time specified, without delay or interference;
(c)
The character, integrity, reputation, judgment, experience and
efficiency of the bidder;
(d)
The quality of the performance of previous contracts or services;
(e)
The previous and existing compliance by the bidder with laws
and ordinances relating to the contract or service;
(f)
The sufficiency of the financial resources and ability of the
bidder to perform the contract or provide the service;
(g)
The quality, availability and adaptability of the supplies or
contractual services to the particular use required;
(h)
The ability of the bidder to provide future maintenance and
service for the use of the subject of the contract;
(i)
The number and scope of conditions attached to the bid.
(3)
Performance Bonds. The Board of Trustees shall have the authority
to require a performance bond, before entering into a contract, in
such amounts as it shall find reasonably necessary to protect the
best interests of the Village.
(J)
Open Market Procedure. All work and purchases of supplies, materials
and services of less than the estimated value of $10,000 shall be
made in the open market, without newspaper advertisement and without
observing the procedure prescribed by this section for the award of
formal contracts.
(K)
Professional Services Exempt From Bidding Requirements. All contracts
for professional services, including, but not limited to, attorneys,
engineers, real estate appraisers and architects and any other profession
whose ethical code involved prohibits or discourages involvement in
normal bidding procedures, may be entered into by the Village without
observing the bidding procedures prescribed by this section for the
award of formal contracts.
(L)
Emergency Purchases. In case of an apparent emergency which requires
immediate work or purchase of supplies, materials or services, the
Board of Trustees shall be empowered to secure by open market procedure
as herein set forth, at the lowest obtainable price, any work, supplies,
materials or services regardless of the amount of the expenditure.
(M)
Cooperative Purchasing. The Village shall have the authority to join
with other units of government in cooperative purchasing plans when
the best interests of the Village would be served thereby.
(A)
No municipal officer shall be interested, directly or indirectly,
in his own name or in the name of any other person, association, trust
or corporation, in any contract, work or business of the municipality,
or in the sale of any article, whenever the expense, price and consideration
of the contract, work, business or sale is paid either from the treasury
or by any assessment levied by any statute or ordinance. No municipal
officer shall be interested, directly or indirectly, in the purchase
of any property which:
(B)
However, any elected or appointed member of the governing body
and any person serving on a municipal advisory panel or commission
may provide materials, merchandise, property, services or labor if:
(1)
The contract is with a person, firm, partnership, association,
corporation or cooperative association in which such interested member
of the governing body of the municipality or advisory panel or commission
member has less than a 7 1/2% share in the ownership; and
(2)
In the case of an elected or appointed member of the governing
body, such interested member publicly discloses the nature and extent
of his interest prior to or during deliberations concerning the proposed
award of the contract; and
(3)
In the case of an elected or appointed member of the governing
body, such interested member abstains from voting on the award of
the contract, though he shall be considered present for the purposes
of establishing a quorum; and
(4)
Such contract is approved by a majority vote of those members
presently holding office; and
(5)
The contract is awarded after sealed bids to the lowest responsible
bidder if the amount of the contract exceeds $1,500, but the contract
may be awarded without bidding if the amount is $1,500 or less; and
[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
(6)
The award of the contract would not cause the aggregate amount
of all such contracts so awarded to the same person, firm, association,
partnership, corporation, or cooperative association in the same fiscal
year to exceed $25,000.
(C)
In addition to the above exemption, any elected or appointed
member of the governing body and any person serving on a municipal
advisory panel or commission may provide materials, merchandise, property,
services or labor if:
(1)
The award of the contract is approved by a majority vote of
the governing body of the municipality, provided that, in the case
of an elected or appointed member of the governing body, any such
interested member shall abstain from voting; and
(2)
The amount of the contract does not exceed $2,000; and
(3)
The award of the contract would not cause the aggregate amount
of all such contracts so awarded to the same person, firm, association,
partnership, corporation, or cooperative association in the same fiscal
year to exceed $4,000; and
(4)
In the case of an elected or appointed member of the governing
body, such interested member publicly discloses the nature and extent
of his interest before or during deliberations concerning the proposed
award of the contract; and
(5)
In the case of an elected or appointed member of the governing
body, the interested member abstains from voting on the award of the
contract (though the member shall be considered present for the purposes
of establishing a quorum).
(D)
A contract for the procurement of public utility services by
a municipality with a public utility company is not barred by this
section by one or more members of the governing body being an officer
or employee of the public utility company or holding interest if no
more than 7 1/2% in the public utility company, or holding an
ownership interest of any if the municipality has a population of
less than 7,500 and the public utility's rates are approved by the
Illinois Commerce Commission. An elected or appointed member of the
governing body having such an interest shall be deemed not to have
a prohibited interest under this section.
(E)
Any officer who violates this section is guilty of a violation
of this Code and, in addition thereto, any office held by such person
so convicted shall become vacant and shall be so declared as part
of the judgment of the court.
(F)
Nothing contained in this section, including the restrictions
set forth in Subsections (B), (C) and (D), shall preclude a contract
or deposit of monies, loans or other financial services by a municipality
with a local bank or local savings and loan association, regardless
of whether a member or members of the governing body of the municipality
are interested in such bank or savings and loan association as an
officer or employee or as a holder of less than 7 1/2% of the
total ownership interest. A member or members holding such an interest
in such a contract shall not be deemed to be holding a prohibited
interest for purposes of this chapter. Such interested member or members
of the governing body must publicly state the nature and extent of
their interest during deliberations concerning the proposed award
of such a contract, but shall not participate in any further deliberations
concerning the proposed award. Such interested member or members shall
not vote on such a proposed award. Any member or members abstaining
from participation in deliberations and voting under this section
may be considered present for purposes of establishing a quorum. Award
of such a contract shall require approval by a majority vote of those
members presently holding office. Consideration and award of any such
contract in which a member or members are interested may only be made
at a regularly scheduled public meeting of the governing body of the
municipality.
(A)
Elected. No salary or compensation of any elected municipal
officer who is elected for a definite term of office shall be increased
or diminished during such term.
(B)
Appointed. No salary or compensation of any appointed official
who is appointed for a definite term of office shall be decreased
during such term, but may be increased.
(A)
Presentation. All claims against the Village for goods purchased,
damaged, or originating in any other way, except for claims for salaries
and other allowances that are fixed by ordinance, shall be presented
on or before the Friday preceding the monthly meeting of each month
to the Village Clerk. All such claims must be in writing and items
shall be specified.
(B)
Exception. This does not prohibit the Village Board from passing
on any claims not previously presented to the Village Clerk if, in
the opinion of the Board, justice to the claimant requires it.
The municipal year shall commence on April 1 and shall end on
the following March 31. No appointments shall be made during the last
month of the municipal year in the year of a mayoral election.
Each member of the corporate authorities may receive reimbursement
from the municipality for expenses incurred by the member in attending
committee meetings of the corporate authorities or for other expenses
incurred by the member in the course of performing official duties.
All official records, including the Corporate Seal, shall be
kept in the Village Hall.
(A)
"Eligible employees" shall mean all employees of the Village
eligible under the Federal Act, except persons elected to office by
popular election and also the Village Treasurer and Village Attorney.
(B)
Withholdings from salaries or wages of employees for the purpose
provided in sections hereof are hereby authorized to be made in the
amounts and at such times as may be required by applicable state or
federal laws or regulations, and shall be paid quarterly.
