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| Public Act 096-1349 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Fire Protection District Act is amended by | ||||
changing Section 4.01 and adding Section 4.04 as follows:
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(70 ILCS 705/4.01) (from Ch. 127 1/2, par. 24.01)
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Sec. 4.01. Five-member boards.
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(a) Any appointed board of trustees of a fire protection | ||||
district may
provide for the establishment of a 5-member board | ||||
of trustees by adopting
an ordinance to that effect. An | ||||
appointed board of trustees shall also be
increased to a | ||||
5-member board upon the adoption of a proposition to
increase | ||||
the board as provided in subsection (b) of this Section. When | ||||
such
an ordinance or proposition has been adopted, the | ||||
appropriate appointing
authority shall, within 60 days of the | ||||
date of the adoption of the
ordinance or proposition, appoint 2 | ||||
additional trustees to the board of
trustees, one to hold | ||||
office for 2 years and one to hold office for 3 years
from the | ||||
first Monday of May next after their appointment and until | ||||
their
successors are appointed and have qualified. The lengths | ||||
of the terms of
these 2 additional members shall be determined | ||||
by lot at the first meeting
of the board of trustees held after | ||||
the 2 additional members take office.
The 3 trustees already | ||||
holding office in the district shall continue to
hold office | ||
for the remainder of their respective terms. Thereafter, on or
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before the second Monday in April of each year the appropriate | ||
appointing
authority shall appoint one trustee or 2 trustees, | ||
as shall be necessary to
maintain a 5-member board of trustees, | ||
whose terms shall be for 3 years
commencing the first Monday in | ||
May of the year in which they are
respectively appointed.
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(b) Upon presentation to an elected or appointed 3-member | ||
board
of trustees of a petition, signed by not less than 5% of | ||
the electors of
the district governed by the board, requesting | ||
that a proposition to
increase the board of trustees to a | ||
5-member board be submitted to the
electors of the district, | ||
the secretary of the board of trustees shall
certify the | ||
proposition to the appropriate election authorities who shall
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submit the proposition at a regular election in accordance with | ||
the general
election law. The general election law shall apply | ||
to and govern the
election. The proposition shall be in | ||
substantially the following form:
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"Shall the number of trustees YES
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of the Fire Protection District be ------------------------
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increased from 3 to 5?" NO
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If a majority of the votes cast on the proposition are in | ||
the
affirmative, the board of trustees of the district shall | ||
thereafter be
increased to a 5-member board and the 2 | ||
additional trustees shall be
elected or appointed as provided | ||
by this Section.
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(c) Any appointed board of trustees of a fire protection | ||
district
that has established a 5-member board of trustees by | ||
ordinance under
subsection (a) may provide for a return to a | ||
3-member board of trustees by
adopting an ordinance to that | ||
effect. The terms of the 5 persons serving
on the board at the | ||
time of the adoption of the ordinance shall be
terminated upon | ||
the adoption of the ordinance, except that they shall
continue | ||
to serve until the 3-member board under this subsection (c) has
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been selected and qualified. The appropriate appointing | ||
authority shall
appoint the 3-member board within 60 days after | ||
the adoption of the
ordinance. The appointments shall be made | ||
under Section 4. Persons
serving on the 5-member board shall be | ||
eligible for appointment to the
3-member board under this | ||
subsection (c).
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(d) Beginning on August 17, 1990, and ending 3 years after | ||
that date, in
the case of a fire protection district board of | ||
trustees in a county with a
population of more than 400,000 but | ||
less than 450,000, according to the 1980
general census, | ||
created under Section 4, subsection (a), paragraph (3) of
this | ||
Act that has established a 5-member board of trustees under | ||
this
Section a petition for the redress of a trustee, charging | ||
the trustee with
palpable omission of duty or nonfeasance in | ||
office, signed by not less than
5% of the electors of the | ||
district may be presented to the township
supervisor or the | ||
presiding officer of the county board, as appropriate.
Upon | ||
receipt of the petition, the township supervisor or presiding | ||
officer
of the county board, as appropriate, shall preside over | ||
a hearing on the
matter of the requested redress. The hearing | ||
shall be held not less than
14 nor more than 30 days after | ||
receipt of the petition. In the case of a
fire protection | ||
district trustee appointed by the presiding officer of the
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county board, the presiding officer shall appoint at least 4 | ||
but not more
than 8 members of the county board, a majority of | ||
whom shall reside in a county
board district in which the fire | ||
protection district is wholly or partially
located, to serve as | ||
the hearing panel. In the case of a fire protection
district | ||
trustee appointed by the board of town trustees, the township
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supervisor and 2 other town trustees appointed by the | ||
supervisor shall
serve as the hearing panel. Within 30 days | ||
after the hearing,
the panel shall issue a statement of its | ||
findings concerning the charges
against the trustee, based upon | ||
the evidence presented at the hearing, and
may make to the fire | ||
protection district any recommendations deemed
appropriate.
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(e) In a district governed by an elected or appointed | ||
5-member board, upon presentation of a petition, signed by not | ||
less than 5% of the electors of the district governed by the | ||
board, requesting that a proposition to decrease the board of | ||
trustees to a 3-member board be submitted to the electors of | ||
the district, the secretary of the board of trustees shall | ||
certify the proposition to the appropriate election | ||
authorities who shall submit the proposition at a regular | ||
election in accordance with the general election law. The | ||
general election law shall apply to and govern the election. | ||
The election authority must submit the question in | ||
substantially the following form: | ||
Shall the number of trustees of the fire protection | ||
district be decreased from 5 to 3 members? | ||
The election authority must record the votes as "Yes" or "No". | ||
If a majority of the votes cast on the proposition are in | ||
the affirmative, the board of trustees of the district shall be | ||
decreased to a 3-member board. The terms of the 5 persons | ||
serving on the board at the time of the reduction of the number | ||
of members to 3 shall terminate upon certification of the | ||
election results, except that they shall continue to serve | ||
until the 3-member board is appointed and qualified or elected | ||
and qualified. | ||
In the case of an appointed board, the appointing authority | ||
shall within 60 days after the certification of the election | ||
results, appoint 3 trustees to the board with terms starting | ||
the first Monday in May next following the election where the | ||
decrease in the board's size is approved. The terms of the | ||
appointed trustees shall be determined by lot at the first | ||
board meeting following the election. One trustee shall have a | ||
term of 3 years, one trustee shall have a term of 2 years, and | ||
one trustee shall have a term of one year. Thereafter, all | ||
terms shall be for 3 years. | ||
In the case of an elected board, 3 trustees shall be | ||
elected at the next election at which fire protection district | ||
trustees are to be elected under the general election law. The | ||
terms of the trustees shall be determined by lot at the first | ||
board meeting following the election. One elected trustee shall | ||
have a term of 6 years, one trustee shall have a term of 4 | ||
years, and one trustee shall have a term of 2 years. | ||
Thereafter, the terms of all elected trustees shall be 6 years. | ||
(Source: P.A. 86-1179; 87-712.)
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(70 ILCS 705/4.04 new) | ||
Sec. 4.04. Change from a 7-member board to a 5-member or | ||
3-member board. In a district governed by an elected or | ||
appointed 7-member board, upon presentation of a petition, | ||
signed by not less than 5% of the electors of the district | ||
governed by the board, requesting that a proposition to | ||
decrease the board of trustees to a 5-member or 3-member board | ||
be submitted to the electors of the district, the secretary of | ||
the board of trustees shall certify the proposition to the | ||
appropriate election authorities who shall submit the | ||
proposition at a regular election in accordance with the | ||
general election law. The general election law shall apply to | ||
and govern the election. | ||
The election authority must submit the question in | ||
substantially the following form: | ||
Shall the number of trustees of the fire protection | ||
district be decreased from 7 to (5 or 3) members? | ||
The election authority must record the votes as "Yes" or "No". | ||
If a majority of the votes cast on the proposition are in | ||
the affirmative, the board of trustees of the district shall be | ||
decreased to a 5-member or 3-member board, as applicable. The | ||
terms of the 7 persons serving on the board at the time of the | ||
reduction of the number of members to 5 or 3 shall terminate | ||
upon certification of the election results, except that they | ||
shall continue to serve until the 5-member or 3-member board is | ||
appointed and qualified or elected and qualified. | ||
In the case of an appointed board, the appointing authority | ||
shall within 60 days after the certification of the election | ||
results, appoint 3 or 5 trustees, as the case may be, to the | ||
board of trustees with terms starting the first Monday in May | ||
next following the election where the decrease in the board's | ||
size is approved. The terms of the appointed trustees shall be | ||
determined by lot at the first board meeting following the | ||
election. In the case of a 5-member board, 2 trustees shall | ||
have a 3-year term, 2 trustees shall have a 2-year term, and | ||
one trustee shall have a one-year term. In the case of a | ||
3-member board, one trustee shall have a 3-year term, one | ||
trustee shall have a 2-year term, and one trustee shall have a | ||
one-year term. Thereafter, all terms shall be for 3 years. | ||
In the case of an elected board, 3 or 5 trustees shall be | ||
elected at the next election at which fire protection district | ||
trustees are to be elected under the general election law. The | ||
terms of the trustees shall be determined by lot at the first | ||
board meeting following the election. In the case of a 5-member | ||
board, 2 elected trustees shall have a 2-year term, 2 trustees | ||
shall have a 4-year term, and one trustee shall have a 6-year | ||
term. In the case of a 3-member board, one elected trustee | ||
shall have a 6-year term, one trustee shall have a 4-year term, | ||
and one trustee shall have a 2-year term. Thereafter, the terms | ||
of all elected trustees shall be 6 years.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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