City of Lincoln, IL Chapter 1-7 City Clerk

§ 1-7-1 Oath; Bond; Term.

[Ord. 684, 10-6-2008; amended Ord. 698, 7-28-2009]

The City Clerk, before entering upon the duties of his or her office, shall take an oath prescribed by law for other City officers and shall execute a bond to the City in the penal sum of $250,000, with sureties as shall be approved by the City Council, conditioned for the faithful performance of the duties of his or her office and the payment of all monies that may be received by him or her, according to law and the ordinances of the City, which bond shall be filed with the City Treasurer. The Clerk shall hold his or her office for the term of four years and until his or her successor is elected and qualified, and shall receive such compensation as is provided for in Section 1-12-1 of this title. The City Clerk shall receive a salary of $44,395,[1] plus 3 1/2% per year beginning the second year of his or her term through his or her full length of service as City Clerk notwithstanding whether the City Clerk serves longer than four years or more. Each new City Clerk shall receive a $41,000 base salary, plus 3 1/2% each year beginning the second year.

[1] The City Clerk's salary, as herein set forth, will be effective May 1, 2009.

§ 1-7-2 Office; Hours.

[1960 Code § 1.08.020; amended 5-16-2022 by Ord. No. 2022-976]

The City Clerk shall keep his/her office at the City Hall or at such other place as the Council shall direct, and his/her office hours shall be from 8:30 a.m. to 4:30 p.m. of each working day, Monday through Friday, and said office shall be closed on Saturdays and Sundays and on various holidays, and said office shall be open 40 hours per week.

§ 1-7-3 Duties.

[1960 Code §§ 1.08.030, 1.08.040, 1.08.070, 1.08.080, 1.08.140, 1.08.150, 1.08.160, 1.08.170, Ord. 231, 5-18-1987]

(A) Keeping Minutes, Service Notices: The City Clerk shall attend all meetings of the City Council and shall keep in a suitable book, to be styled the "Journal of the City Council", a full and faithful record of its proceedings. He shall issue and cause to be served upon all Aldermen notices of all special meetings of the City Council; also notices to the members of the different committees of that body and all persons whose attendance may be required before any such committee when so directed by the Chairman thereof.

(B) Corporate Seal, Certified Copies Of Papers: The Clerk shall keep the Corporate Seal to be provided under the direction of the City Council, and all papers belonging to the City whose custody is not otherwise provided for by law or the ordinances of the City; and copies of all papers duly filed in his office and transcripts from the journals and other records and files of his office, certified by him under the Corporate Seal, shall be evidence in all courts in like manner as if the originals were produced.

(C) Deliver Papers To Committees And Officers: The Clerk shall, without delay, upon the adjournment of each meeting of the City Council, deliver to the several committees of that body and to the officers of the City, all petitions, communications, reports, resolutions, orders, claims and other papers referred to those committees or officers by the Council. He shall also, without delay, deliver to the Mayor all ordinances or resolutions in his charge which may require approval or otherwise be acted upon by the Mayor.

(D) Prepare Official Papers: The Clerk shall prepare all commissions, licenses, permits and other official documents required to be issued by him under the laws and ordinances of the City, and shall attest the same with the Corporate Seal; and he shall in like manner attest all deeds for the sale of real estate owned and conveyed by the City.

(E) Licenses Countersigned: All licenses, when issued, shall be countersigned by the Clerk and he shall enter the same, without fee, in a book to be kept by him for that purpose, the name of each person licensed, for what purpose licensed, the date and number of the license, the amount paid for the same and the time of the expiration thereof.

(F) Notice Of Election Or Appointment Of Officers: It shall be the duty of the City Clerk within five days after the result of an election is declared or an appointment is made, to notify all persons elected or appointed to office of their election or appointment, and unless such persons shall respectively qualify in 10 days after such notice, the office shall become vacant.

(G) Record Of Elections And Appointments: The Clerk shall keep a record of the election or appointment and confirmation of all officers of the City and said record shall be so ruled and headed that the same shall exhibit the name of the officer, to what office elected or appointed, the date of confirmation or election, the date of commission and the date of deaths, resignations, removal or expiration of term of office, with a column for remarks.

(H) Keep Records; Turn Over To Successor: The Clerk shall carefully preserve in his office all books, records, papers, profiles, maps and effects of every description belonging to the City or appertaining to said office and not in actual use and possession by other City officers, and the custody of which is not otherwise provided for, and upon the expiration of his term of office he shall, on demand, deliver such books, records, papers, profiles, maps and effects to his successor in office.

(I) Duties: The City Clerk shall preserve all warrants returned to him and he shall keep his books and accounts in the manner that the City Council may prescribe. The City Clerk shall, weekly, pay over to the City Treasurer all monies collected by him from any source whatever, taking the treasurer's receipt therefor in duplicate and filing one of the receipts immediately. When required by the Council or by ordinance, the Clerk shall make a written report to the Council or to any officer designated by said Council, of all money collected by him, the account whereon collected or of any other official matter.

§ 1-7-4 Ordinances; Duties Concerning.

[1960 Code, Secs. 1.08.050, 1.08.060]

(A) Record Ordinances: The Clerk shall record and properly index in a book kept for that purpose, all ordinances passed by the City Council, and at the foot of the record of each ordinance so recorded he shall make a memorandum of the date of the passage, approval and of the publication of such ordinance, which record and memorandum, or a certified copy thereof, shall be prima facie evidence of the passage and legal publication of such ordinance for all purposes whatsoever.

(B) Publish Ordinances: The Clerk shall cause all ordinances passed by the City Council imposing any fine, penalty, imprisonment or forfeiture or making any appropriation to be published once within 30 days after their passage, in such public newspaper printed in the City, as the Council shall designate, and shall file and preserve in his office one or more copies of the paper containing every such ordinance so published; provided, that this section shall not apply to such ordinances as are published in book or pamphlet form by authority of the City Council.

§ 1-7-5 Duty Regarding Accounts And Finances.

[1960 Code, Secs. 1.08.110, 1.08.120, 1.08.130, 1.08.180, 1.08.190, 1.08.210, 1.08.220, 1.08.230]

(A) Revise And Audit Accounts: The City Clerk shall revise and audit all accounts or claims allowed by the Council as provided by ordinance, and when such claims are allowed as aforesaid, he shall draw his warrant in due form upon the City Treasurer therefor.

(B) Warrants, Books Kept: The Clerk shall keep in a suitable book an accurate list of all warrants drawn upon the City Treasurer showing the date, number and amount of each and the name of the person in whose favor drawn; and he shall take the receipt of every person for the warrant upon the delivery thereof. All warrants drawn upon the treasurer shall be signed by the Mayor and countersigned by the City Clerk and shall specify therein the particular fund or appropriation to which the same is chargeable, and the person to whom payable, and no money shall be otherwise paid than upon such warrants so drawn.

(C) Public Improvements, Contracts, List: The Clerk shall keep in his office a correct list of all local or public improvements ordered by the Council and let under contract by the City, and all contracts and specifications therefor made by authority of the Council or by any officer of the City pursuant thereto, in relation to such improvement, shall be filed in the office of the Clerk and no such contract shall be valid unless signed by the Mayor and countersigned by the City Clerk.

(D) Warrants For Special Taxes: It shall be the duty of the City Clerk to execute all warrants for the collection of special taxes and special assessments which by law and the ordinances of the City may be executed by the Clerk, and he shall collect all special assessments which are or may be levied or assessed by virtue of any ordinance of the City for the making of any local improvements.

(E) Give Receipts: The City Clerk is hereby authorized and instructed to receive from and receipt to any person against whose property special taxes or special assessments are or may be assessed for local improvements, the amount of his special tax or special assessment, less such discount or rebate as may be ordered and authorized by the Council.

(F) Make Delinquent List; Report To County Collector: It shall be the duty of the Clerk on or before April 1 in each year and without extra charge to the City, to make a report or reports in writing to the county collector of Logan County, or other officers authorized by law to apply for judgments and sell lands for taxes due the county and state, of all the lands, town lots, blocks, pieces and parcels of land on which he shall have been unable to collect special taxes or special assessments, due and unpaid thereon, together with his warrant or warrants received by him authorizing the collection or with a brief description of the nature of such warrant or warrants, which report or reports shall be accompanied by the oath of the Clerk that the list is a correct return and report of the lands, town lots and real property on which the said special taxes or special assessments levied by authority of the City remain due and unpaid; that he is unable to collect the same or any part thereof and that he has given the notice required by law that said warrants had been received by him for collection.

(G) Turn Over Money: The Clerk shall every two weeks, or more often if the Council so directs, pay over all money collected by him from any person to the treasurer of the City taking the receipt of such treasurer therefor in duplicate, one of which receipts he shall at once file in the office of the Clerk.

(H) Keep Books: The Clerk shall keep books and accounts which shall show all receipts and monies collected by him and all other matters pertaining to his office and such books shall be kept by him in a neat, methodical manner.

§ 1-7-6 Reports.

[1960 Code, Sec. 1.08.200]

The City Clerk shall at the end of each month make his separate report in writing to the Council which report shall show the amount of money collected, from whom and on what account received; and he shall, between May 1 and May 10, file a full statement of all monies collected by him during the preceding fiscal year, the particular warrant or warrants, special tax or special assessment or account on which collected, the balance of monies uncollected on all warrants in his hands and the balance remaining uncollected at the time of the return on all warrants which he shall have returned during the preceding fiscal year.

§ 1-7-7 Collection Of Sewer Charges.

[1960 Code, Sec. 1.08.240]

It shall be the duty of the Clerk to set up a proper system of records and accounting and to bill customers for service, receive payments and receipt therefor, and he shall perform every other duty provided by Title 7, Chapter 8 of this Code, and comply with any further rules or requirements that may hereafter be prescribed by the Council.

He shall on or before the fifteenth of each month make a report in writing to the Council which report shall show the amount of money collected and received by him during the last preceding month, together with voucher therefor showing payment to the City Treasurer of all monies collected by him during such month.

§ 1-7-8 Registrar Of Vital Statistics.

[1960 Code, Secs. 1.08.250, 1.08.260, 1.08.270, 1.08.280]

The Clerk shall be the local registrar of vital statistics of the City, and shall perform the following duties and have the following powers:

(A) Births, Deaths Reported; Information Required: All births, stillbirths and deaths occurring within the City shall be reported to the local registrar of vital statistics. Such reports shall contain all information required by the provisions contained in 410 Illinois Compiled Statutes 535/1, and shall conform to and be filed in accordance therewith.

(B) City To Provide Additional Equipment; Fees Paid: The City shall provide all necessary equipment, files and supplies necessary for the proper keeping and preservation of such records as are not supplied by the State of Illinois. All fees to be charged and all regulations governing such records and the keeping thereof shall be such as are provided by statute. Fees provided by statute shall be collected by the Registrar and shall be by him paid over to the City Treasury as belonging to the City.

(C) Registration Of Other Districts Assigned By State Act: The local Registrar of Vital Statistics shall keep records showing all such births, stillbirths and deaths occurring within the City and of such other births, stillbirths and deaths occurring in other registration districts assigned to such Registrar for keeping under the provisions of State law, such records to include all information required to be kept by law.

§ 1-7-9 Deputy City Clerk.

[Ord. 2011-733, 11-21-2011]

The Clerk may appoint, with the approval of the Lincoln City Council, a deputy who, during the temporary absence or disability of the Clerk, shall be empowered to perform all the duties of the City Clerk, and the Clerk shall be liable for such deputy's actions. Said Deputy City Clerk shall, before entering upon his or her duties, execute and deliver to the City a bond in the penal sum of $50,000, with the securities to be approved by the Council conditioned for the faithful performance of his or her duties. The Deputy City Clerk shall be subordinate to the City Clerk, and shall perform services in the Office of the City Clerk under the direction of said Clerk. The Deputy City Clerk is not subject to the rules of Lincoln civil service as provided for in the Illinois Civil Service Act, and can be dismissed by the City Clerk. If the City Clerk dismisses the Deputy City Clerk, the City Clerk shall file a written report outlining the reasons for such dismissal, with the City Council at the next regular meeting thereof, to be held not less than five days after such removal; and if the City Clerk shall fail or refuse to file with the City Council a statement of the reasons for such removal, or if the Council, by a 2/3 vote of all its members authorized by law to be elected, by ayes and nays to be entered upon its record, disapprove of such removal, said Deputy City Clerk shall thereupon become restored to the office from which he or she was so removed; but he or she shall give new bonds and take a new oath of office. No Deputy City Clerk shall be removed a second time for the same offense.

§ 1-7-10 Assistant City Clerk.

[Ord. 2018-874, 2-5-2018]

(A) Assistant City Clerk Position Created; Term: There is hereby created the Office of Assistant City Clerk of the City of Lincoln. The Assistant City Clerk shall serve at the discretion of the City Clerk. The term of office shall be for one year and until a successor is appointed and qualifies for the office. The appointment shall be made on the first Monday in May of each and every year, or as soon thereafter as practicable. Compensation of the Assistant City Clerk shall be determined by the City Council from time-to-time.

(B) Duties And Status: The Assistant City Clerk shall perform the duties as assigned by the City Clerk from time-to-time. The Assistant City Clerk shall be appointed by the City Clerk, with the advice and consent of the Mayor and City Council.

(C) Bond: The Assistant City Clerk, before entering upon his or her duties of office shall take and subscribe the oath provided by law for City officers and shall give a bond to the City in the penal sum of $1,500 with sureties as the City Council shall approve, conditioned upon the faithful performance of the duties of the office.

§ 1-7-11 Illinois Freedom Of Information Act.

[Ord. 180, 10-15-1984, eff. retroactive to 7-1-1984]

The Mayor and City Council of the City ordain as follows:

(A) Records Requests: The City Clerk is hereby designated as the person to whom all initial requests for access to the records of the City are to be referred. Such requests are to be made at the offices of the City Hall, Lincoln, Illinois, between the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday. In the event that the City Clerk is not available during the times described above, the Deputy City Clerk is designated as the person to whom such initial requests are to be made.

(B) Records Retrieved: Any records which are the subject of a request under the Freedom of Information Act shall be retrieved from such place as they are stored, by the City Clerk or the Deputy City Clerk, or by an employee of the City acting under the direction of the Clerk or Deputy Clerk. In no event shall records be retrieved by the party requesting them or by any person who is not employed by the City.

(C) Copy Fees: If copies of records are requested, the fees for such copies, whether certified or not, shall be as determined from time to time by the City Clerk. The City Clerk shall maintain a written schedule of current fees in the Clerk's Office. The fees charged shall reflect the actual cost of copying the records, and the cost of certifying copies, if certification is requested.

(D) Request Denied; Appeal: In the event that a request to inspect City records is denied by the City Clerk or the Deputy City Clerk, the denial may be appealed to the Mayor. Such an appeal must be made within 14 days after the requesting party receives the written notice denying said request; or, in the event that the denial is not by letter, the appeal must be made 14 days after the request is effectively denied.

(E) Organization Of Records: The Clerk shall prepare:

1. A City information directory;

2. A block diagram of the functional subdivisions of the City;

3. A City records directory; and

4. A records catalog, all of which shall be substantially in the same form as the documents attached hereto and made a part hereof by reference as exhibits A, B, C, and D.

§ 1-7-12 Centralized Purchasing Program.

[Ord. 220, 1-20-1987]

There is hereby created a centralized purchasing program for the City, and the Office of the City Clerk shall, in addition to his/her other duties, administer the centralized purchasing program for the City and shall administer said program in the following manner:

(A) Before entering upon the duties of administering the centralized purchasing program, the Clerk and the Deputy Clerk shall file a fidelity bond in the principal amount of $10,000 with a corporate surety, conditioned on the faithful performance of his/her duties to reimburse the City for any loss due to his/her failure to perform and administer the centralized purchasing program as herein set forth.

(B) Except as otherwise specifically provided by the City Council or as specifically otherwise required by laws of the State of Illinois, the Office of the Clerk, as Administrator of the centralized purchasing program, shall make all purchases of material, equipment or supplies for the Municipality authorized by the City Council. He/she shall be responsible for making all such purchases at the most favorable price for the City and shall see to it that the material, equipment or supplies delivered are correct in number or amount and comply with the standards and specifications prescribed by the Governing Body as agreed to at the time of purchase.

(C) The Office of the City Clerk shall not approve all purchases, but shall engage in a clerical function to see that purchases are made which are standard in quality, size and variety of articles, equipment and supplies used by the offices and departments of the Municipal government. The Clerk shall not approve purchases, but shall make recommendations as to standards for all departments.

(D) When calling for bids as required by law, ordinance or by the City Council, the City Clerk shall request the specifications from the appropriate other governmental official or officials and see that notice is given to bidders and see that the required notices are published.

(E) The City Clerk shall advise the Governing Body as to the anticipated needs for purchases whenever possible and shall ask authority to make purchases in advance of needs, or in bulk amounts, where such practices would result in economy or improved efficiency.

(F) Any commodity, equipment or supplies purchased in advance of actual need shall remain in the custody of the City Clerk, as Administrator of the centralized purchasing program, for delivery to the office, department or employee as it is requested by said office, department or employee. The Clerk shall keep all records of all purchases made by his/her office and of the destination or ultimate use of such material, equipment or supplies.

(G) The Clerk shall cause to be prepared every six months an inventory of all Municipal property in his/her custody and it shall be the duty of each officer or employee having Municipal property in his custody to keep an inventory of such property and to furnish a copy thereof to the Clerk's Office of the City, on request. In no event shall an inventory be requested more than once each month. The inventory shall contain a reasonable computation of the material, equipment and supplies possessed by the said officer or employee.

(H) Department heads and/or officers of the City are authorized to make purchases of any such material, equipment or supplies, as are needed, but shall request the purchase of the same from the Clerk's Office of the City whenever it is possible to do so.