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Public Act 099-0449 | ||||
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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 Illinois Municipal Code is amended by | ||||
changing Sections 3.1-10-5, 3.1-10-50, and 3.1-10-51 as | ||||
follows:
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(65 ILCS 5/3.1-10-5) (from Ch. 24, par. 3.1-10-5)
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Sec. 3.1-10-5. Qualifications; elective office.
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(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 or appointment, except as | ||||
provided in Section 3.1-20-25, subsection (b) of Section | ||||
3.1-25-75, Section 5-2-2, or Section 5-2-11.
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(b) A person is not eligible to take the oath of office for | ||||
a municipal office if that person is, at the time required for | ||||
taking the oath of office, 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.
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(b-5) (Blank). A person is not eligible to hold a municipal | ||||
office, if that person is, at any time during the term of | ||||
office, 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. | ||
(c) A person is not eligible for the office of
alderman of | ||
a ward unless that person has resided
in the ward that the | ||
person seeks to represent, and a person is not eligible for the | ||
office of trustee of a district unless that person has resided | ||
in the
municipality, at least one year next
preceding the | ||
election or appointment, except
as provided in Section | ||
3.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2, | ||
or Section 5-2-11.
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(d) If a person (i) is a resident of a municipality | ||
immediately prior to the active duty military service of that | ||
person or that person's spouse, (ii) resides anywhere outside | ||
of the municipality during that active duty military service, | ||
and (iii) immediately upon completion of that active duty | ||
military service is again a resident of the municipality, then | ||
the time during which the person resides outside the | ||
municipality during the active duty military service is deemed | ||
to be time during which the person is a resident of the | ||
municipality for purposes of determining the residency | ||
requirement under subsection (a).
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(Source: P.A. 97-1091, eff. 8-24-12; 98-115, eff. 7-29-13.)
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(65 ILCS 5/3.1-10-50)
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Sec. 3.1-10-50. Events upon which an elective office |
becomes vacant in municipality with population under 500,000.
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(a) Vacancy by resignation. A resignation is not effective | ||
unless it is in
writing, signed by the person holding the | ||
elective office, and notarized.
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(1) Unconditional resignation. An unconditional | ||
resignation by a person holding the elective office may | ||
specify a future date, not later than 60 days after the | ||
date the resignation is received by the officer authorized | ||
to fill the vacancy, at
which time it becomes operative, | ||
but the resignation may not be withdrawn after it is
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received by the officer authorized to fill the vacancy. The | ||
effective date of a resignation that does not specify a | ||
future date at which it becomes operative is the date the
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resignation is received by the officer authorized to fill | ||
the vacancy. The effective date of
a resignation that has a | ||
specified future effective date is that specified future | ||
date or the date the resignation is received by the officer | ||
authorized to fill the vacancy, whichever date occurs | ||
later. | ||
(2) Conditional resignation. A resignation that does | ||
not become
effective unless a specified event occurs can be | ||
withdrawn at any time prior to the occurrence of the | ||
specified event, but if not withdrawn, the effective date | ||
of the
resignation is the date of the occurrence of the | ||
specified event or the date the resignation is received by | ||
the officer authorized to fill the vacancy, whichever date |
occurs later. | ||
(3) Vacancy upon the effective date. For the purpose of | ||
determining the time period that would require an election | ||
to fill the vacancy by resignation or the commencement of | ||
the 60-day time period referred to in subsection (e), the | ||
resignation of an elected officer is deemed to have created | ||
a vacancy as of the effective date of the resignation. | ||
(4) Duty of the clerk. If a resignation is delivered to | ||
the clerk of the municipality, the clerk shall forward a | ||
certified copy of the written resignation to the official | ||
who is authorized to fill the vacancy within 7 business | ||
days after receipt of the resignation. | ||
(b) Vacancy by death or disability. A vacancy occurs in an | ||
office by reason
of the death of the incumbent. The date of the | ||
death may be established by the date shown on the death
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certificate. A vacancy occurs in an office by permanent | ||
physical or
mental disability rendering the person incapable of | ||
performing the duties of the office.
The corporate authorities | ||
have the authority to make the determination whether an officer | ||
is incapable of performing the duties of the office because of | ||
a permanent physical or mental disability. A finding of mental | ||
disability shall not be made prior to the appointment by a | ||
court of a guardian ad litem for the officer or until a duly | ||
licensed
doctor certifies, in writing, that the officer is | ||
mentally impaired to the extent that the
officer is unable to | ||
effectively perform the duties of the office. If the corporate
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authorities find that an officer is incapable of performing the | ||
duties of the office due to permanent
physical or mental | ||
disability, that person is removed from the office and the | ||
vacancy of the office occurs on the date of the determination. | ||
(c) Vacancy by other causes. | ||
(1) Abandonment and other causes. A vacancy occurs in | ||
an office by reason of abandonment of office; removal from | ||
office; or failure to qualify; or more than
temporary | ||
removal of residence from the municipality; or in the case | ||
of an alderman of a ward or councilman or trustee of a | ||
district, more than temporary removal of residence
from the | ||
ward or district, as the case may be. The corporate | ||
authorities have the authority to determine whether a | ||
vacancy under this subsection has occurred. If the | ||
corporate authorities determine that a vacancy exists, the | ||
office is deemed vacant as of the date of that | ||
determination for all purposes including the calculation | ||
under subsections (e), (f), and (g). | ||
(2) Guilty of a criminal offense. An admission of guilt | ||
of a criminal
offense that upon conviction would disqualify | ||
the municipal officer from holding the
office, in the form | ||
of a written agreement with State or federal prosecutors to | ||
plead guilty to a felony, bribery, perjury, or other | ||
infamous crime under State or federal law, constitutes a | ||
resignation from that office, effective on the date the | ||
plea agreement is made. For purposes of this Section, a |
conviction for an offense that disqualifies a municipal | ||
officer from holding that office occurs on the date of the | ||
return of a guilty verdict or, in the case of a trial by | ||
the court, on the entry of a finding of guilt. | ||
(3) Election declared void. A vacancy occurs on the | ||
date of the decision of a competent tribunal declaring the | ||
election of the officer void. | ||
(4) Owing a debt to the municipality. A vacancy occurs | ||
if a municipal official fails to pay a debt to a | ||
municipality in which the official has been elected or | ||
appointed to an elected position subject to the following: | ||
(A) Before a vacancy may occur under this paragraph | ||
(4), the municipal clerk shall deliver, by personal | ||
service, a written notice to the municipal official | ||
that (i) the municipal official is in arrears of a debt | ||
to the municipality, (ii) that municipal official must | ||
either pay or contest the debt within 30 days after | ||
receipt of the notice or the municipal official will be | ||
disqualified and his or her office vacated, and (iii) | ||
if the municipal official chooses to contest the debt, | ||
the municipal official must provide written notice to | ||
the municipal clerk of the contesting of the debt. A | ||
copy of the notice, and the notice to contest, shall | ||
also be mailed by the municipal clerk to the appointed | ||
municipal attorney by certified mail. If the municipal | ||
clerk is the municipal official indebted to the |
municipality, the mayor or president of the | ||
municipality shall assume the duties of the municipal | ||
clerk required under this paragraph (4). | ||
(B) In the event that the municipal official | ||
chooses to contest the debt, a hearing shall be held | ||
within 30 days of the municipal clerk's receipt of the | ||
written notice of contest from the municipal official. | ||
An appointed municipal hearing officer shall preside | ||
over the hearing, and shall hear testimony and accept | ||
evidence relevant to the existence of the debt owed by | ||
the municipal officer to the municipality. | ||
(C) Upon the conclusion of the hearing, the hearing | ||
officer shall make a determination on the basis of the | ||
evidence presented as to whether or not the municipal | ||
official is in arrears of a debt to the municipality. | ||
The determination shall be in writing and shall be | ||
designated as findings, decision, and order. The | ||
findings, decision, and order shall include: (i) the | ||
hearing officer's findings of fact; (ii) a decision of | ||
whether or not the municipal official is in arrears of | ||
a debt to the municipality based upon the findings of | ||
fact; and (iii) an order that either directs the | ||
municipal official to pay the debt within 30 days or be | ||
disqualified and his or her office vacated or dismisses | ||
the matter if a debt owed to the municipality is not | ||
proved. A copy of the hearing officer's written |
determination shall be served upon the municipal | ||
official in open proceedings before the hearing | ||
officer. If the municipal official does not appear for | ||
receipt of the written determination, the written | ||
determination shall be deemed to have been served on | ||
the municipal official on the date when a copy of the | ||
written determination is personally served on the | ||
municipal official or on the date when a copy of the | ||
written determination is deposited in the United | ||
States mail, postage prepaid, addressed to the | ||
municipal official at the address on record with the | ||
municipality. | ||
(D) A municipal official aggrieved by the | ||
determination of a hearing officer may secure judicial | ||
review of such determination in the circuit court of | ||
the county in which the hearing was held. The municipal | ||
official seeking judicial review must file a petition | ||
with the clerk of the court and must serve a copy of | ||
the petition upon the municipality by registered or | ||
certified mail within 5 days after service of the | ||
determination of the hearing officer. The petition | ||
shall contain a brief statement of the reasons why the | ||
determination of the hearing officer should be | ||
reversed. The municipal official shall file proof of | ||
service with the clerk of the court. No answer to the | ||
petition need be filed, but the municipality shall |
cause the record of proceedings before the hearing | ||
officer to be filed with the clerk of the court on or | ||
before the date of the hearing on the petition or as | ||
ordered by the court.
The court shall set the matter | ||
for hearing to be held within 30 days after the filing | ||
of the petition and shall make its decision promptly | ||
after such hearing. | ||
(E) If a municipal official chooses to pay the | ||
debt, or is ordered to pay the debt after the hearing, | ||
the municipal official must present proof of payment to | ||
the municipal clerk that the debt was paid in full, | ||
and, if applicable, within the required time period as | ||
ordered by a hearing officer or circuit court judge. | ||
(F) A municipal official will be disqualified and | ||
his or her office vacated pursuant to this paragraph | ||
(4) on the later of the following times if the | ||
municipal official: (i) fails to pay or contest the | ||
debt within 30 days of the municipal official's receipt | ||
of the notice of the debt; (ii) fails to pay the debt | ||
within 30 days after being served with a written | ||
determination under subparagraph (C) ordering the | ||
municipal official to pay the debt; or (iii) fails to | ||
pay the debt within 30 days after being served with a | ||
decision pursuant to subparagraph (D) upholding a | ||
hearing officer's determination that the municipal | ||
officer has failed to pay a debt owed to a |
municipality. | ||
(G) For purposes of this paragraph, a "debt" shall | ||
mean an arrearage in a definitely ascertainable and | ||
quantifiable amount after service of written notice | ||
thereof, in the payment of any indebtedness due to the | ||
municipality, which has been adjudicated before a | ||
tribunal with jurisdiction over the matter. A | ||
municipal official is considered in arrears of a debt | ||
to a municipality if a debt is more than 30 days | ||
overdue from the date the debt was due. | ||
(d) Election of an acting mayor or acting president. The | ||
election of an acting mayor or acting president pursuant to | ||
subsection (f) or (g) does not create a vacancy in the original | ||
office of the person on the city council or as a trustee, as | ||
the case may be, unless the person resigns from the original | ||
office following election as acting mayor
or acting president. | ||
If the person resigns from the original office following
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election as acting mayor or acting president, then the original | ||
office must be filled pursuant to the terms of this Section and | ||
the acting mayor or acting president shall
exercise the powers | ||
of the mayor or president and shall vote and have veto power in | ||
the manner provided by law for a mayor or president. If the | ||
person does not resign from
the original office following | ||
election as acting mayor or acting president, then the
acting | ||
mayor or acting president shall exercise the powers of the | ||
mayor or president but shall be entitled to vote only in the |
manner provided for as the holder of the original office and | ||
shall not have the power to veto. If the person does not resign | ||
from the
original office following election as acting mayor or | ||
acting president, and if that person's original term of office | ||
has not expired when a mayor or president is elected and has
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qualified for office, the acting mayor or acting-president | ||
shall return to the original office for the remainder of the | ||
term thereof. | ||
(e) Appointment to fill alderman or trustee vacancy. An | ||
appointment by the
mayor or president or acting mayor or acting | ||
president, as the case may be, of a qualified person as | ||
described in Section 3.1-10-5 of this Code to fill a vacancy in | ||
the office of alderman or trustee must be made within 60 days | ||
after the vacancy occurs. Once the appointment of the qualified | ||
person has been forwarded to the corporate
authorities, the | ||
corporate authorities shall act upon the appointment within 30 | ||
days. If the appointment fails to receive the advice and | ||
consent of the corporate authorities within 30 days, the mayor | ||
or president or acting mayor or acting president shall appoint | ||
and forward to the corporate authorities a second qualified | ||
person as described in Section 3.1-10-5. Once the appointment | ||
of the second qualified person has been
forwarded to the | ||
corporate authorities, the corporate authorities shall act | ||
upon the
appointment within 30 days. If the appointment of the | ||
second qualified person also fails to receive the advice and | ||
consent of the corporate authorities, then the mayor or |
president or acting mayor or acting president, without the | ||
advice and consent of the corporate authorities, may make a | ||
temporary appointment from those persons who were appointed but | ||
whose appointments failed to receive the advice and consent of | ||
the corporate authorities. The person receiving the temporary | ||
appointment shall serve until an appointment has received the | ||
advice and consent and the appointee has qualified or until a | ||
person has been elected and has qualified, whichever first | ||
occurs. | ||
(f) Election to fill vacancies in municipal offices with | ||
4-year terms. If a vacancy occurs in an elective municipal | ||
office with a 4-year term and there remains an unexpired | ||
portion of the term of at least 28 months, and the vacancy | ||
occurs at least 130 days before
the general municipal election | ||
next scheduled under the general election law, then the vacancy | ||
shall be filled for the remainder of the term at that general | ||
municipal election. Whenever
an election is held for this | ||
purpose, the municipal clerk shall certify the office to be | ||
filled and the candidates for the office to the proper election | ||
authorities as provided in the general election law. If a | ||
vacancy occurs with less than 28 months remaining in the
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unexpired portion of the term or less than 130 days before the | ||
general municipal election, then: | ||
(1) Mayor or president. If the
vacancy is in the office | ||
of mayor or president, the vacancy must be filled by the
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corporate authorities electing one of their members as |
acting mayor or acting president. Except as set forth in | ||
subsection (d), the acting mayor or acting president shall | ||
perform the duties and possess all the rights and powers of | ||
the mayor or president until a mayor or president is | ||
elected at the next general municipal election and has | ||
qualified. However, in
villages with a population of less | ||
than 5,000, if each of the trustees either declines the
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election as acting president or is not elected by a | ||
majority vote of the trustees presently
holding office, | ||
then the trustees may elect, as acting president, any other | ||
village resident who is qualified to hold municipal office, | ||
and the acting president shall exercise the powers of the | ||
president and shall vote and have veto power in the manner | ||
provided by law for a president. | ||
(2) Alderman or trustee. If the vacancy is in the | ||
office of alderman or
trustee, the vacancy must be filled | ||
by the mayor or president or acting mayor or acting | ||
president, as the case may be, in accordance with | ||
subsection (e). | ||
(3) Other elective office. If the vacancy is in any | ||
elective municipal office other than mayor or president or | ||
alderman or trustee, the mayor or president or acting mayor | ||
or acting president, as the case may be, must appoint a | ||
qualified person to hold the office until the office is | ||
filled by election, subject to the advice and consent of
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the city council or the board of trustees, as the case may |
be. | ||
(g) Vacancies in municipal offices with 2-year terms. In | ||
the case of an elective municipal office with a 2-year term, if | ||
the vacancy occurs at least 130 days before the general | ||
municipal election next scheduled under the general election | ||
law, the vacancy shall be filled for the remainder of the term | ||
at
that general municipal election. If the vacancy occurs less | ||
than 130 days before the general municipal election, then: | ||
(1) Mayor or president. If the
vacancy is in the office | ||
of mayor or president, the vacancy must be filled by the
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corporate authorities electing one of their members as | ||
acting mayor or acting president. Except as set forth in | ||
subsection (d), the acting mayor or acting president shall | ||
perform the duties and possess all the rights and powers of | ||
the mayor or president until a mayor or president is | ||
elected at the next general municipal election and has | ||
qualified. However, in villages with a population of less | ||
than 5,000, if each of the trustees either declines the
| ||
election as acting president or is not elected by a | ||
majority vote of the trustees presently holding office, | ||
then the trustees may elect, as acting president, any other | ||
village resident who is qualified to hold municipal office, | ||
and the acting president shall exercise the powers of the | ||
president and shall vote and have veto power in the manner | ||
provided by law for a president. | ||
(2) Alderman or trustee. If the vacancy is in the |
office of alderman or trustee, the vacancy must be filled | ||
by the mayor or president or acting mayor or acting | ||
president, as the case may be, in accordance with | ||
subsection (e). | ||
(3) Other elective office. If the vacancy is in any | ||
elective municipal office other than mayor or president or | ||
alderman or trustee, the mayor or president or acting mayor | ||
or acting president, as the case may be, must appoint a | ||
qualified person to
hold the office until the office is | ||
filled by election, subject to the advice and consent of | ||
the city council or the board of trustees, as the case may | ||
be. | ||
(h) In cases of vacancies arising by reason of an election | ||
being declared void pursuant to paragraph (3) of subsection | ||
(c), persons holding elective office prior thereto shall hold
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office until their successors are elected and qualified or | ||
appointed and confirmed by advice and consent, as the case may | ||
be.
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(i) This Section applies only to municipalities with | ||
populations under 500,000.
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(Source: P.A. 94-645, eff. 8-22-05; 95-646, eff. 1-1-08.)
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(65 ILCS 5/3.1-10-51) | ||
Sec. 3.1-10-51. Vacancies in municipalities with a | ||
population of 500,000 or more. | ||
(a) Events upon which an elective office in a municipality |
of 500,000 or more shall become vacant: | ||
(1) A municipal officer may resign from office. A | ||
vacancy occurs in an office by
reason of resignation, | ||
failure to elect or qualify (in which case the incumbent | ||
shall remain
in office until the vacancy is filled), death, | ||
permanent physical or mental disability
rendering the | ||
person incapable of performing the duties of his or her | ||
office, conviction of a disqualifying crime, abandonment | ||
of office, removal from office, or removal of residence | ||
from the municipality or, in the case of an alderman of a | ||
ward, removal of residence from the ward. | ||
(2) An admission of guilt of a criminal offense that | ||
would, upon conviction, disqualify the municipal officer | ||
from holding that office, in the form of a written | ||
agreement with State or federal prosecutors to plead guilty | ||
to a felony, bribery, perjury, or other infamous crime | ||
under State or federal law, shall constitute a resignation | ||
from that office, effective at the time the plea agreement | ||
is made. For purposes of this Section, a conviction for an | ||
offense that disqualifies the municipal officer from | ||
holding that office occurs on the date of the return of a | ||
guilty verdict or, in the case of a trial
by the court, the | ||
entry of a finding of guilt. | ||
(3) Owing a debt to the municipality. A vacancy occurs | ||
if a municipal official fails to pay a debt to a | ||
municipality in which the official has been elected or |
appointed to an elected position subject to the following: | ||
(A) Before a vacancy may occur under this paragraph | ||
(3), the municipal clerk shall deliver, by personal | ||
service, a written notice to the municipal official | ||
that (i) the municipal official is in arrears of a debt | ||
to the municipality, (ii) that municipal official must | ||
either pay or contest the debt within 30 days after | ||
receipt of the notice or the municipal official will be | ||
disqualified and his or her office vacated, and (iii) | ||
if the municipal official chooses to contest the debt, | ||
the municipal official must provide written notice to | ||
the municipal clerk of the contesting of the debt. A | ||
copy of the notice, and the notice to contest, shall | ||
also be mailed by the municipal clerk to the appointed | ||
municipal attorney by certified mail. If the municipal | ||
clerk is the municipal official indebted to the | ||
municipality, the mayor or president of the | ||
municipality shall assume the duties of the municipal | ||
clerk required under this paragraph (3). | ||
(B) In the event that the municipal official | ||
chooses to contest the debt, a hearing shall be held | ||
within 30 days of the municipal clerk's receipt of the | ||
written notice of contest from the municipal official. | ||
An appointed municipal hearing officer shall preside | ||
over the hearing, and shall hear testimony and accept | ||
evidence relevant to the existence of the debt owed by |
the municipal officer to the municipality. | ||
(C) Upon the conclusion of the hearing, the hearing | ||
officer shall make a determination on the basis of the | ||
evidence presented as to whether or not the municipal | ||
official is in arrears of a debt to the municipality. | ||
The determination shall be in writing and shall be | ||
designated as findings, decision, and order. The | ||
findings, decision, and order shall include: (i) the | ||
hearing officer's findings of fact; (ii) a decision of | ||
whether or not the municipal official is in arrears of | ||
a debt to the municipality based upon the findings of | ||
fact; and (iii) an order that either directs the | ||
municipal official to pay the debt within 30 days or be | ||
disqualified and his or her office vacated or dismisses | ||
the matter if a debt owed to the municipality is not | ||
proved. A copy of the hearing officer's written | ||
determination shall be served upon the municipal | ||
official in open proceedings before the hearing | ||
officer. If the municipal official does not appear for | ||
receipt of the written determination, the written | ||
determination shall be deemed to have been served on | ||
the municipal official on the date when a copy of the | ||
written determination is personally served on the | ||
municipal official or on the date when a copy of the | ||
written determination is deposited in the United | ||
States mail, postage prepaid, addressed to the |
municipal official at the address on record in the | ||
files of the municipality. | ||
(D) A municipal official aggrieved by the | ||
determination of a hearing officer may secure judicial | ||
review of such determination in the circuit court of | ||
the county in which the hearing was held. The municipal | ||
official seeking judicial review must file a petition | ||
with the clerk of the court and must serve a copy of | ||
the petition upon the municipality by registered or | ||
certified mail within 5 days after service of the | ||
determination of the hearing officer. The petition | ||
shall contain a brief statement of the reasons why the | ||
determination of the hearing officer should be | ||
reversed. The municipal official shall file proof of | ||
service with the clerk of the court. No answer to the | ||
petition need be filed, but the municipality shall | ||
cause the record of proceedings before the hearing | ||
officer to be filed with the clerk of the court on or | ||
before the date of the hearing on the petition or as | ||
ordered by the court.
The court shall set the matter | ||
for hearing to be held within 30 days after the filing | ||
of the petition and shall make its decision promptly | ||
after such hearing. | ||
(E) If a municipal official chooses to pay the | ||
debt, or is ordered to pay the debt after the hearing, | ||
the municipal official must present proof of payment to |
the municipal clerk that the debt was paid in full, | ||
and, if applicable, within the required time period as | ||
ordered by a hearing officer. | ||
(F) A municipal official will be disqualified and | ||
his or her office vacated pursuant to this paragraph | ||
(3) on the later of the following times the municipal | ||
official: (i) fails to pay or contest the debt within | ||
30 days of the municipal official's receipt of the | ||
notice of the debt; (ii) fails to pay the debt within | ||
30 days after being served with a written determination | ||
under subparagraph (C) ordering the municipal official | ||
to pay the debt; or (iii) fails to pay the debt within | ||
30 days after being served with a decision pursuant to | ||
subparagraph (D) upholding a hearing officer's | ||
determination that the municipal officer has failed to | ||
pay a debt owed to a municipality. | ||
(G) For purposes of this paragraph, a "debt" shall | ||
mean an arrearage in a definitely ascertainable and | ||
quantifiable amount after service of written notice | ||
thereof, in the payment of any indebtedness due to the | ||
municipality, which has been adjudicated before a | ||
tribunal with jurisdiction over the matter. A | ||
municipal official is considered in arrears of a debt | ||
to a municipality if a debt is more than 30 days | ||
overdue from the date the debt was due. | ||
(b) If a vacancy occurs in an elective municipal office |
with a 4-year term and
there remains an unexpired portion of | ||
the term of at least 28 months, and the vacancy occurs at least | ||
130 days before the general municipal election next scheduled | ||
under the general election law, then the vacancy shall be | ||
filled for the remainder of the term at that
general municipal | ||
election. Whenever an election is held for this purpose, the | ||
municipal
clerk shall certify the office to be filled and the | ||
candidates for the office to the proper
election authorities as | ||
provided in the general election law. If the vacancy is in the | ||
office
of mayor, the city council shall elect one of their | ||
members acting mayor. The acting mayor shall perform the duties | ||
and possess all the rights and powers of the mayor until a | ||
successor to fill the vacancy has been elected and has | ||
qualified. If the
vacancy is in any other elective municipal | ||
office, then until the office is filled by election,
the mayor | ||
shall appoint a qualified person to the office subject to the | ||
advice
and consent of the city council. | ||
(c) If a vacancy occurs later than the time provided in | ||
subsection (b) in a 4-year term, a vacancy in the office of | ||
mayor shall be filled by the corporate authorities electing one | ||
of their members acting mayor. The acting mayor shall perform | ||
the duties and possess all the rights and powers of the mayor | ||
until a mayor is elected at the next general municipal election | ||
and has qualified. A vacancy occurring later than the time | ||
provided in subsection (b) in a 4-year term in any elective | ||
office other than mayor shall be filled by appointment by the |
mayor, with the advice and consent of the corporate | ||
authorities.
| ||
(d) A municipal officer appointed or elected under this | ||
Section shall hold office
until the officer's successor is | ||
elected and has qualified. | ||
(e) An appointment to fill a vacancy in the office of | ||
alderman shall be made within 60 days after the vacancy occurs. | ||
The requirement that an appointment be made
within 60 days is | ||
an exclusive power and function of the State and is a denial | ||
and
limitation under Article VII, Section 6, subsection (h) of | ||
the Illinois Constitution of the power of a home rule | ||
municipality to require that an appointment be made within a | ||
different period after the vacancy occurs. | ||
(f) This Section applies only to municipalities with a | ||
population of 500,000 or more.
| ||
(Source: P.A. 95-646, eff. 1-1-08.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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