Chapter 1 – Administration

CHAPTER 1

ADMINISTRATION

ARTICLE I – GENERAL CODE PROVISIONS

DIVISION I – TITLE

1-1-1 TITLE. Upon the adoption by the Village Board of Trustees, this Village Code is hereby declared to be and shall hereafter constitute the official “Revised Code of Ordinances of the Village”. The Revised Code of Ordinances shall be known and cited as the “Village Code”, and it is hereby published by authority of the Village Board and shall be kept up-to-date as provided in Section 1-1-3 under the direction of the Village Attorney, acting for said Village Board. Any reference to the number of any section contained herein shall be understood to refer to the position of the same number, its appropriate chapter and article heading and to the general penalty clause relating thereto as well as to the section itself when reference is made to this Village Code by title in any legal document. (See 65 ILCS Sec. 5/1-2-3)

1-1-2 ACCEPTANCE. The Village Code as hereby presented in printed form shall hereafter be received without further proof in all courts and in all administrative tribunals of this State as the ordinances of the Village of general and permanent effect, except the excluded ordinances enumerated in Section 1-1-8. (See 65 ILCS Sec. 5/1-2-6)

1-1-3 AMENDMENTS. Any ordinance amending this Village Code shall set forth the article, chapter, and section number of the section or sections to be amended, and this shall constitute a sufficient compliance with any statutory requirement pertaining to the amendment or revision by ordinance of any part of this Village Code. All such amendments or revisions by ordinance shall be immediately forwarded to the codifiers and the ordinance material shall be prepared for insertion in its proper place in each copy of this Village Code. Each such replacement page shall be properly identified and shall be inserted in each individual copy of the Village Code on an annual basis. (See 65 ILCS Sec. 5/1-2-3)

1-1-4 CODE ALTERATION. It shall be deemed unlawful for any person to alter, change, replace or deface in any way, any section or any page of this Code in such a manner that the meaning of any phrase or order may be changed or omitted. Replacement pages may be inserted according to the official instructions when so authorized by the Village Board. The Clerk shall see that the replacement pages are properly inserted in the official copies maintained in the office of the Clerk.

Any person having in his custody an official copy of this Code shall make every effort to maintain said Code in an up-to-date and efficient manner. He shall see to the immediate insertion of new or replacement pages when such are delivered to him or made available to him through the office of the Village Clerk. Said Code books, while in actual possession of officials and other interested persons shall be and remain the property of the Village and shall be returned to the office of the Clerk upon termination of office or separation of duties.

1-1-5 JURISDICTION. Unless otherwise provided herein, this Code applies to acts performed within the corporate limits of the Village. Provisions of this Code also apply to acts performed outside the corporate limits and up to the limits prescribed by law, where the law confers power on the Village to regulate such particular acts outside the corporate limits.

1-1-6 – 1-1-7 RESERVED.

DIVISION II – SAVING CLAUSE

1-1-8 REPEAL OF GENERAL ORDINANCES. All general ordinances of the Village passed prior to the adoption of this Code are hereby repealed, except such as are referred to herein as being still in force or are, by necessary implication, herein reserved from repeal [subject to the saving clauses contained in the following sections], from which are excluded the following ordinances, which are not hereby repealed:

Tax Levy Ordinances; Appropriation Ordinances; Ordinances Relating to Boundaries and Annexations; Franchise Ordinances and other Ordinances Granting Special Rights to Persons or Corporations; Contract Ordinances and Ordinances Authorizing the Execution of a Contract or the Issuance of Warrants; Ordinances Establishing, Naming, or Vacating Streets, Alleys, or Other Public Places; Improvement Ordinances; Bond Ordinances; Ordinances Relating to Elections; Ordinances Relating to the Transfer or Acceptance of Real Estate by or from the Village; and all Special Ordinances.

1-1-9 PUBLIC UTILITY ORDINANCES. No ordinance relating to railroads or railroad crossings with streets and other public ways or relating to the conduct, duties, service or rates of public utilities shall be repealed by virtue of the adoption of this Code or by virtue of the preceding section, excepting as this Code shall be considered as amending such ordinance or ordinances in respect to such provisions only.

1-1-10 COURT PROCEEDINGS. No new ordinance shall be construed or held to repeal a former ordinance, whether such former ordinance is expressly repealed or not, as to any offense committed against such former ordinance or as to any act done, any penalty, forfeiture or punishment so incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any claim arising under the former ordinance or in any way whatever to affect any such offense or act so committed or so done, or any penalty, forfeiture or punishment so incurred or any right accrued or claim arising before the new ordinance takes effect, save only that the proceedings thereafter shall conform to the ordinance in force at the time of such proceeding, so far as practicable. If any penalty, forfeiture or punishment be mitigated by any provision of a new ordinance, such provision may be, by the consent of the party affected, applied to any judgment announced after the new ordinance takes effect.

This Section shall extend to all repeals, either by express words or implication, whether the repeal is in the ordinance making any new provisions upon the same subject or in any other ordinance.

Nothing contained in this Chapter shall be construed as abating any action now pending under or by virtue of any general ordinance of the Village herein repealed and the provisions of all general ordinances contained in this Code shall be deemed to be continuing provisions and not a new enactment of the same provision; nor shall this Chapter be deemed as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the Village under any ordinance or provision thereof in force at the time of the adoption of this Code.

1-1-11 SEVERABILITY OF PROVISIONS. Each section, paragraph, sentence, clause and provision of this Code is severable, and if any provision is held unconstitutional or invalid for any reason, such decision shall not affect the remainder of this Code, nor any part thereof, other than that part affected by such decision.

1-1-12 VILLAGE CLERK’S CERTIFICATE. The Village Clerk’s Certificate shall be substantially in the following form:

VILLAGE CLERK’S CERTIFICATE

STATE OF ILLINOIS )

COUNTY OF CLAY ) ss. VILLAGE CLERK’S OFFICE

VILLAGE OF LOUISVILLE )

I, (NAME OF VILLAGE CLERK), Village Clerk of the Village of Louisville, Illinois, do hereby certify that the following Revised Code of Ordinances of the Village of Louisville, Illinois of 2003, published by authority of the Village Board of Trustees were duly passed by the Village Board of Trustees of the Village of Louisville, Illinois, approved by the Mayor and published in book form according to law on this date, and that these ordinances are true and perfect copies of the ordinances, as passed, approved and now of record and on file in my office as provided by law.

In witness whereof, I have set my hand and affixed the corporate seal of the Village of Louisville, Illinois, this 9th day of September, 2004.

______________________________

(NAME OF VILLAGE CLERK)

VILLAGE CLERK

VILLAGE OF LOUISVILLE

(SEAL)

1-1-13 – 1-1-14 RESERVED.

DIVISION III – DEFINITIONS

1-1-15 CONSTRUCTION OF WORDS. Whenever any word in any section of this Code, importing the plural number is used in describing or referring to any matters, parties or persons, any single matter, party or person shall be deemed to be included, although distributive words may not have been used.

When any subject matter, party or person is referred to in this Code by words importing the singular number only, or the masculine gender, several matters, parties or persons and females as well as males and bodies corporate shall be deemed to be included; provided that these rules of construction shall not be applied to any section of this Code which contains any express provision excluding such construction or where the subject matter or content may be repugnant thereto.

1-1-16 DEFINITIONS. Whenever the following words or terms are used in this Code, they shall have the meanings herein ascribed to them unless the context makes such meaning repugnant thereto:

“AGENT”, as used in this Code shall mean a person acting on behalf of another.

“BOARD OF TRUSTEES”, unless otherwise indicated shall mean the Mayor and the Board of Trustees of the Village of Louisville.

“CODE” OR “THIS CODE”, shall mean the “Revised Code of Ordinances of the Village of Louisville”.

“CORPORATE AUTHORITIES” shall mean the Mayor and the Village Board of Trustees. (See 65 ILCS Sec. 5/1-1-2(2))

“COUNTY” shall mean the County of Clay.

“EMPLOYEES” shall mean the following: Whenever reference is made in this Code to a Village employee by title only, this shall be construed as though followed by the words “of the Village”.

“FEE” OR “FEES” as used in this Code shall mean a sum of money charged by the Village for carrying on of a business, profession or occupation.

“FISCAL YEAR”. The “fiscal year” for the Village shall begin on May 1st of each year and end on April 30th of the following year. (See 65 ILCS Sec. 5/1-1-2[5])

“KNOWINGLY” imports only a knowledge that the facts exist which bring the act or omission within the provisions of this Code. It does not require any knowledge of the unlawfulness of such act or omission.

“LEGAL HOLIDAY” shall mean the holidays as authorized and recognized by the Village Board in the employee agreement.

“LICENSE” as used in this Code shall mean the permission granted for the carrying on of a business, profession or occupation.

“MAYOR” as used in this Code shall mean the Village President or President of the Village Board of Trustees. (See 65 ILCS Sec. 5/1-1-2.1)

“MISDEMEANOR” as used in this Code shall mean any offense deemed a violation of the provisions of this Code which is a lesser offense than a felony as defined by state law.

“NEGLECT”, “NEGLIGENCE”, “NEGLIGENT” AND “NEGLIGENTLY” import a want of such attention to the nature of probable consequences of the act of omission as a prudent man ordinarily bestows in acting in his own concern.

“NUISANCE” shall mean anything offensive or obnoxious to the health and welfare of the inhabitants of the Village or any act or thing repugnant to or creating a hazard to or having a detrimental effect on the property of another person or to the community.

“OCCUPANT” as applied to a building or land shall include any person who occupies the whole or any part of such building or land whether alone or with others.

“OFFENSE” shall mean any act forbidden by any provision of this Code or the omission of any act required by the provisions of this Code.

“OFFICERS AND EMPLOYEES”. Whenever reference is made in this Code to a Village Officer or employee by title only, this shall be construed as though followed by the words “of the Village” and shall be taken to mean the officer or employee of this Village having the title mentioned or performing the duties indicated.

No provision of this Code designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty provided in this Code for a failure to perform such duty, unless the intention of the Village Board to impose such a fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty.

“OFFICIAL TIME”. Central Standard Time shall be the official time for the transaction of Village business, except during applicable Daylight Savings Time set by National or State standards when the official time shall be advanced one (1) hour. All clocks and other timepieces in or upon public buildings or other premises maintained by or at the expense of the Village shall be set and run at the official time prescribed by this paragraph.

“OPERATOR” as used in this Code shall mean the person who is in charge of any operation, business or profession.

“OWNER” as applied to a building or land shall include any part-owner, joint-owner, tenant-in-common, joint-tenant or lessee of the whole or of a part of such building or land.

“PERSON” shall mean any natural individual, firm, trust, partnership, association, or corporation in his or its own capacity as administrator, conservator, executor, trustee, receiver or other representative appointed by the Court. Whenever the word “person” is used in any section of this Code prescribing a penalty or fine as applied to partnerships or any such word as applied to corporations, it shall include the officers, agents, or employees thereof who are responsible for any violation of said section.

“PERSONAL PROPERTY” shall include every description of money, goods, chattels, effects, evidence of rights in action and all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right or interest therein.

“RETAILER” as used in this Code, unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things in small quantities direct to the consumer.

“STATE” OR “THIS STATE” unless otherwise indicated shall mean the “State of Illinois”.

“STREET” shall include alleys, lanes, courts, boulevards, public squares, public places and sidewalks.

“TENANT” as applied to a building or land shall include any person who occupies the whole or any part of such building or land, whether alone or with others.

“WHOLESALER” AND “WHOLESALE DEALER” as used in this Code unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles, or things in quantity to persons who purchase for the purpose of resale.

“WILLFULLY” when applied to the intent with which an act is done or omitted implies simply a purpose or willingness to commit the act or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire an advantage.

“WRITTEN” AND “IN WRITING” may include printing and any other mode of representing words and letters, but when the written signature of any person is required by law to any official or public writing or bond required by law, it shall be in the proper handwriting of such person, or in case he is unable to write, by his proper mark.

(In Part 65 ILCS Sec. 5/1-1-2)

1-1-17 CATCHLINES. The catchlines of the several sections of this Code are intended as mere catchwords to indicate the content of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.

1-1-18 – 1-1-19 RESERVED.

DIVISION IV – GENERAL PENALTY

1-1-20 PENALTY.

(A) Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Village Municipal Code is guilty of a petty offense, except as may be otherwise prescribed herein. Any person convicted of a violation of any provision of this Municipal Code shall be fined not less than One Hundred and Twenty Dollars ($120.00) nor more than Seven Hundred Fifty Dollars ($750.00) for any one (1) offense, unless said provision prescribes a different range of penalties, in which case those penalties as prescribed by the specific provision violated shall be utilized.

(B) Any minor or person designated a juvenile by this State convicted of a violation of any provision of the Municipal Code of the Village shall be fined not less than One Hundred and Twenty Dollars ($120.00) nor more than Seven Hundred Fifty Dollars ($750.00) for any one (1) offense, but may not be confined except by provisions of the Juvenile Court Act of the State of Illinois.

(C) Whoever commits an offense against the Village or aids, abets, counsels, commands, induces or procures its commission is punishable as a principal.

(D) Whoever willfully causes an act to be done which, if directly performed by him or another would be an offense against the Village, is punishable as a principal. In regard to any corporation, partnership, joint venture, limited liability company, association, secular or religious organization, or any other legal entity, other than a natural person, which legally owns, possesses or occupies any real or personal property located within the Village, any person who is a director, trustee, officer, employee, agent, or stockholder of such entity or who is a member of any body or council which has authority over any such entity and who as such person in regard to any such property engages in any activities prohibited by this Municipal Code or who as such person fails to act as may be required by this Code or who as such person directs or knowingly permits any other person to violate any provisions of this code or to fail to comply with any of the requirements of this Code shall be personally guilty of a petty offense, punishable according to the provisions of the General Penalty Division of Article I – General Code Provisions of this Code, and shall also be personally subject to all punishments, liabilities and remedies as are noted in said General Penalty Division. Additionally, any such entity on whose behalf said person was so acting or failed to so act shall also be deemed as violating the Code provisions at issue and therefore shall be subject to all such punishments, liabilities and remedies. (Ord. No 684 – 9/8/2011; Ord. No 689 – 11/10/2011)

(E) If any provision of this Municipal Code indicates that the owner of any real or personal property located in the Village may be held liable for the doing or not doing of any act which constitutes a violation of any said provision, then any possessor, occupant or tenant of said real or personal property may also be held liable with said owner for said violation, and said possessor, occupant or tenant shall be jointly and severally liable for any penalties as herein or hereafter established, and said owner, possessor, occupant and/or tenant shall be jointly and severally subject to any remedies, including suits in equity, provided herein. For purposes of assessing the penalties described herein, the identification of owners, possessors, occupants and tenants may be made based upon facts that a reasonably prudent person would rely upon in the conduct of his business.

(F) Guilty Plea No Court Appearance. All municipal ordinance offenses may be satisfied without a court appearance by written plea of guilty and payment of the minimum fine by the deadline date specified in the citation or summons served upon the violator, plus court courts if the same are prescribed by court rules, unless a court appearance is required by the ordinance violated or unless the citation or summons served upon the violator requires that a court appearance is mandatory or unless a notice of hearing is issued to the violator prior to such payment, in which case the Village may request the Court to assess the violator, if convicted, a penalty in the amount the Village deems appropriate within the range of penalties herein prescribed or as may be prescribed by the Village Code section which has been violated, as the case may be. (See 65 ILCS Sec. 5/1-2-7 and 5/1-2-8) (Ord. No 689 – 11/10/2011)

(G) Community Service. A penalty imposed for the violation of any provision of this Municipal Code of this Village may include, or consist of, a requirement that the defendant perform some reasonable public service work such as but not limited to the picking up of litter in public parks or along public highways or the maintenance of public facilities.

(Ord. No. 671 – 02/10/11)

1-1-21 SERVICE BY CERTIFIED MAIL. In all actions for violation of any provision of this Municipal Code where the fine would not be in excess of Seven Hundred Fifty Dollars ($750.00) and no jail term could be imposed, service of summons may be made by the Municipal Clerk by certified mail, return receipt requested, or personal service whether service is to be within or without the State. (See 65 ILCS Sec. 5/1-2-9.1) (Ord. No. 670 – 01/13/11)

1-1-22 APPLICATION.

(A) The provisions of this Article shall be applicable to every section of this Municipal Code, the same as though it were a part of each and every separate section, in addition to any other remedies or penalties that might be prescribed in any particular section of this Municipal Code. Any person convicted of a violation of any provision of this Municipal Code, where any duty is prescribed or obligation imposed, or where any act or omission of any act is declared to be unlawful, shall be deemed guilty of a petty offense. A separate offense shall be deemed committed upon each day such duty or obligation remains unperformed or such act or omission of such act continues, unless otherwise specifically provided for in this Municipal Code. A separate notice and citation and/or summons shall not be required for each day of violation that is of a continuing nature, but rather the initial notice and citation and/or summons shall be sufficient due notice for each subsequent day of violation of a continuing nature.

(B) In all cases where the same offense is made punishable or is created by different clauses or sections of different section of this Municipal Code, the prosecuting officer may elect under which to proceed against the same person for the same offense; provided that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced.

(C) Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of this Municipal Code, and there shall be no fine or penalty specifically declared for such breach, the provisions of Article shall apply and a separate offense shall be deemed committed upon each day during or on which a breach or violation occurs or continues. (Ord. No. 670 – 01/13/11)

1-1-23 LIABILITY OF OFFICERS. The failure of any officer or employee of the village to perform any official duty imposed by provision of this Municipal Code shall not subject such officer or employee to the penalty imposed for violation of this Municipal Code, unless a penalty is specifically provided for . (Ord. No 684 – 9/8/2011)

1-1-24 REMEDIES. The Village may utilize any remedy afforded to it by any other provision of this Municipal Code or by any relevant statute in order to enforce the provisions of its Municipal Code and to prevent and/or abate violations of its Municipal Code. Additionally, the Village may bring a suit in equity to require the offender to prevent and/or abate the violation or to allow the Village to prevent and/or abate the violation itself in a suitable manner even though such manner might not be otherwise specified or authorized by its Municipal Code or by statute.

(Ord. No. 671 – 02/10/11)

1-1-25 LIABILITY FOR EXPENSES. Any persons or entities violating any of the provisions of this Municipal Code shall become liable to the Village for any expense, loss or damage occasioned the Village by reason of such violation or by reason of the Village’s prevention or abatement of such violation or enforcement of such provisions, including any attorney fees that might be expended by the Village to prosecute violations of its Municipal Code or to seek prevention or abatement of such violations or enforcement of said provisions. (Ord. No. 670 – 01/13/11)

1-1-26 LICENSE. When a person convicted of a violation of any Section of this Code, any license previously issued to him by the Village may be revoked by the court or by the Village Board. (Ord. No. 671- 02/10/11)

ARTICLE II – VILLAGE OFFICIALS

DIVISION I – VILLAGE BOARD OF TRUSTEES

1-2-1 COMPOSITION AND GENERAL POWERS. The Village Board shall consist of six (6) Trustees, elected in conformity with this Code and State laws governing elections in villages and shall have such powers as are granted by Chapter 65, Illinois Compiled Statutes, as amended. The term of office shall be for four (4) years or until their successors are elected and have qualified. (See 65 ILCS Sec. 5/3.1-25-5 and 5/3.1-10-50(D))

1-2-2 REGULAR MEETINGS. The regular stated meetings of the Village Board shall be held in the Village Hall Building on the second (2nd) Thursdays of each month at 7:00 P.M. When the meeting date falls upon a legal holiday, the meeting shall be held on the following Thursday at the same hour and place, unless otherwise designated. Adjourned and reconvened meetings may be held at such times as may be determined by the Trustees. (See 65 ILCS Sec. 5/3.1-40-25 and 5 ILCS Sec. 120/1 et seq.)

1-2-3 SPECIAL MEETINGS. Special meetings of the Village Board may be called by the Mayor or any three (3) Trustees by giving at least forty-eight (48) hours notice thereof by delivering to them personally written or printed notices of the time of such meeting at the residences of the Trustees. Such notices shall be served by mail, or by the Village Clerk or her designated representative. Said notices shall specify the purpose of said special meeting and the business to be taken up at that time and place. Such notice shall be posted at the Village Hall and shall be provided to any local newspaper of general circulation or any local radio or television station that has filed an annual request for such notice. Said notice shall be provided to such news media in the same manner as said notice is given to the Mayor and members of the Village Board, provided such news media has given the Village an address within the Village at which such notice may be given. (See 65 ILCS Sec. 5/3.1-40-25 and 5 ILCS Sec. 120/2.02 and 120/2.03)

1-2-4 VACANCY. When a vacancy occurs, if more than twenty-eight (28) months remain in the term and the vacancy occurs not less than one hundred thirty (130) days before the general municipal election, next scheduled under the general election law, the office shall be filled for the remainder of the term at that general municipal election. During the period from the time that the vacancy occurs until the next election of Trustees, the Mayor shall appoint a qualified person to the office subject to the advice and consent of the Village Board. (See 65 ILCS Sec. 5/3.1-10-50(B))

1-2-5 COMMITTEES. The following standing committees of the Village Board are hereby established, to-wit:

(A) (1) Health (4) Utilities (Gas-Water-Sewer)

(2) Finance/Purchase (5) Police (Public Safety)

(3) Street (6) Civic Improvement & Industrial

(B) The committees shall be appointed annually by the Mayor. In addition the Mayor shall appoint the Chairman of each committee.

(C) The Mayor shall be ex-officio Chairman of each and every standing committee.

(D) So far as is practicable, reports of committees shall be in writing.

(E) As provided by law, any report of a committee of the Board shall be deferred for final action thereon to the next regular meeting of the same after the report is made, upon the request of any two (2) Trustees present. (See 65 ILCS Sec. 5/3.1-40-35)

(F) Each standing committee of the Village Board shall exercise a general supervision over the affairs of the department of municipal government with which it is connected; shall ascertain the condition and needs of said department; shall, from time to time, report the same to the Mayor and Village Board so that a full understanding thereof may be had, and generally, shall do all acts necessary to promote the efficiency of the Department.

(G) All committee meetings are subject to the Open Meeting Act requirements and minutes shall be taken. (See 5 ILCS Sec. 120/1 and 120/2.06)

1-2-6 SPECIAL COMMITTEES. Special Committees may be appointed by the Mayor, subject to the advice and consent of the Board of Trustees, as may be needed from time to time.

1-2-7 QUORUM. At all meetings of the Village Board, a majority of the corporate authorities shall constitute a quorum for the transaction of business, and if no such quorum attends such meeting of the Board, the Trustees may adjourn from day to day until a quorum is present; and shall have power to compel the attendance of absent members, except when such members are physically unable to attend such meetings. (See 65 ILCS Sec. 5/3.1-40-20)

EDITOR’S NOTE: When the Board has a Mayor and six (6) Trustees, a quorum is four (4), which may consist of the Mayor and three (3) Trustees, or four (4) Trustees.

1-2-8 MEMBERS: NON-ATTENDANCE AT MEETING. Any member of the Village Board who shall neglect or refuse to attend any regular and/or special Village Board meetings shall not receive compensation for that meeting. (See Section 1-3-1 for salaries.) (See 65 ILCS Sec. 5/3.1-40-20)

1-2-9 ELECTRONIC ATTENDANCE AT MEETINGS. The following are the rules relating to the electronic attendance at meetings by corporate authorities:

(A) Electronic Attendance at Meetings Rules. The Village of Louisville hereby adopts the following rules for electronic attendance at meetings, that permit a member of the public body to attend any meeting of a public body as defined in the Open Meetings Act via electronic means. Any member of the corporate authorities of the Village of Louisville, IL may attend any open or closed meeting of the Village of Louisville via electronic means, such as by telephone, video or internet connection, provided that such attendance is in compliance with these rules and applicable laws. The word meeting as used in the Code shall mean and be the same as it is defined in the Open Meetings Act, as amended on January 1, 2007, and as may be thereafter amended.

(B) Prerequisites. A member of the corporate authorities of the Village of Louisville may attend a meeting electronically if the member meets the following conditions:

(1) A quorum is physically present throughout the meeting; and, a majority of the members present votes to approve the electronic attendance at the meeting.

(2) The member should notify the Village Clerk at least one day before the meeting, unless impractical, in which case as soon as practical, so that necessary communications equipment can be arranged. Inability to make the necessary technical arrangements will result in denial of a request for electronic attendance.

(3) The member must assert one of the following three reasons why he or she is unable to physically attend the meeting,

(a) The member cannot attend because of personal illness or disability; or

(b) The member cannot attend because of his or her employment purposes or because of the business of the Village of Louisville; or

(c) The member cannot attend because of a family or other emergency.

(4) The Clerk, after receiving the electronic attendance request, shall inform the other corporate Authorties of the request for electronic attendance.

(C) Voting Procedures. After a roll call establishing that a quorum is physically present, the presiding officer shall call for a motion that a member may be permitted to attend the meeting electronically after specifying the reason entitling the absent member to attend electronically. The motion must be approved by a vote of a majority of the members present.

(D) Adequate Equipment Required. The member participating electronically and the other members of the corporate authorities must be able to communicate effectively, and members of the audience must be able to hear all communications at the meeting site. Before allowing electronic attendance at any meeting, the corporate authorities shall provide equipment adequate to accomplish this objective at the meeting site.

(E) Minutes. Any member attending electronically shall be considered an off-site attendee and counted as present electronically for that meeting. The meeting minutes shall also reflect and state specifically whether each member is physically present or present by electronic means.

(F) Rights of Remote Member. A member permitted to attend electronically will be able to express his or her comments during the meeting and participate in the same capacity as those members physically present, subject to all general meeting guidelines and procedures previously adopted and adhered to, including both open and closed meetings, except that a member may attend a closed meeting via an internet connection or landline telephone connection, but not by cellular phone. The member attending electronically shall be heard, considered, and counted as to any vote taken. Accordingly, the name of any member attending electronically shall be called during any vote taken, and his or her vote counted and recorded by the Village Clerk and placed in the minutes for the corresponding meeting. A member attending electronically may leave a meeting and return as in the case of any member, provided the member attending electronically shall announce his or her leaving and returning. A member attending electronically at a meeting shall be paid per the Village Code as if he or she had physically attended said meeting.

(Ord. 590; 6/11/2007

DIVISION II – RULES OF THE VILLAGE BOARD

1-2-11 CENSURE OF TRUSTEES – EXPULSION OF TRUSTEES. Any Trustee acting or appearing in a lewd or disgraceful manner, or who uses opprobrious, obscene and insulting language to or about any member of the Board, or who does not obey the order of the Chair, shall be, on motion, censured by a majority vote of the members present, or expelled by a two-thirds (2/3) vote of all Trustees elected. (See 65 ILCS Sec. 5/3.1-40-15)

1-2-12 AGENDA. An itemized agenda, along with all necessary supporting documentation shall be furnished to each member of the Village Board no later than the close of business on the day preceding the regular Village Board meeting. In the case of matters of emergency which could not have been reasonably foreseen in sufficient time to comply with this section, a revised agenda shall be furnished to each member of the Village Board prior to the opening of the Board meeting. (See 5 ILCS Sec. 120/2.02)

1-2-13 RESERVED.

DIVISION III – ORDINANCES

1-2-14 ORDINANCES.

(A) Attorney. It shall be the duty of the Village Attorney to prepare such ordinances as may be required by the Village Board.

(B) Introduced. When a proposed ordinance is introduced, it shall be read one time by title only and referred to the proper committee unless the Board of Trustees shall otherwise specifically direct.

(C) Vote required-Yeas and Nays Record. The passage of all ordinances for whatever purpose, and of any resolution or motion (1) to create any liability against a Village or (2) for the expenditure or appropriation of its money, shall require the concurrence of a majority of all members then holding office on the Village Board, including the Mayor, unless otherwise expressly provided by the Code or any other act governing the passage of any ordinance, resolution, or motion; provided that, where the Board consists of an odd number of Trustees, the vote of the majority of the trustees shall be sufficient to pass an ordinance. The yeas and nays shall be taken upon the question of the passage of the designated ordinances, resolutions, or motions and recorded in the journal of the Village Board. In addition, the corporate authorities at any meeting may by unanimous consent to take a single vote by yeas or nays on the several questions of the passage on any two (2) or more of the designated ordinances, orders, resolutions or motions placed together for voting purposes in a single group. The single vote shall be entered separately in the journal under the designation “omnibus vote”, and in such event the Clerk may enter the words “omnibus vote” or “consent agenda” in the journal in each case in lieu of entering names of the members of Village Board voting “yea” and of those voting “nay” on the passage of each of the designated ordinances, orders, resolutions and motions included in such omnibus group or consent agenda. The taking of such single or omnibus vote and such entries of the words “omnibus vote” or “consent agenda” in the journal shall be a sufficient compliance with the requirements of this Section to all intents and purposes and with like effect as if the vote in each case had been separately by yeas and nays on the question of the passage of each ordinance, order, resolution and motion included in such omnibus group, and separately recorded in the journal. Likewise, the yeas and nays shall be taken upon the question of the passage of any other resolution or motion at the request of any trustee and shall be recorded in the journal. (See 65 ILCS Sec. 5/3.1-40-40)

(D) Ordinances – Approval-Veto. All resolutions and motions (1) which create any liability against the Village, or (2) that provide for the expenditure or appropriation of its money, or (3) to sell any Village property, and all ordinances, passed by the Village Board shall be deposited with the Village Clerk. If the Mayor approves an ordinance or resolution, the Mayor shall sign it. Those ordinances, resolutions and motions which the Mayor disapproves shall be returned to the Village Board, with the Mayor’s written objections, at the next regular meeting of the Village Board occurring not less than five (5) days after their passage. The Mayor may disapprove of any one (1) or more sums appropriated in any ordinance, resolution, or motion making an appropriation, and, if so, the remainder shall be effective. However, the Mayor may disapprove entirely of an ordinance, resolution, or motion making an appropriation. If the Mayor fails to return any ordinance or any specified resolution or motion with his written objections, within the designated time, it shall become effective despite the absence of the Mayor’s signature. (See 65 ILCS Sec. 5/3.1-40-45)

1-2-15 RECONSIDERATION–PASSING OVER VETO. Every resolution and motion, specified in Section 1-2-14 and every ordinance, that is returned to the Village Board by the Mayor shall be reconsidered by the Village Board at the next regular meeting following the regular meeting at which the Village Board receives the Mayor’s written objection. If, after reconsideration, two-thirds (2/3) of all the Trustees then holding office on the Village Board agree at that regular meeting to pass an ordinance, resolution, or motion, notwithstanding the Mayor’s refusal to approve it, then it shall be effective. The vote on the question of passage over the Mayor’s veto shall be by yeas and nays, and shall be recorded in the journal. (See 65 ILCS Sec. 5/3.1-40-50)

1-2-16 NO VOTE TO BE RECONSIDERED AT SPECIAL MEETING. No vote of the Village Board shall be reconsidered or rescinded at a special meeting unless there are present at the special meeting at least as many Village Trustees as were present when the vote was taken. (See 65 ILCS Sec. 5/3.1-40-55)

1-2-17 RESERVED.

DIVISION IV – GENERAL PROVISIONS

1-2-18 CORPORATE SEAL.

(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, “Village of Louisville, Illinois” in the exterior circle, and the word “Seal” in the interior circle. (See 65 ILCS Sec. 5/2-2-12)

(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. (See 65 ILCS Sec. 5/3.1-35-90)

1-2-19 ELECTIONS.

(A) Election Procedure. The provisions of the Illinois Municipal Code, Article 3.1,

Division 10, concerning municipal elections, shall govern the conduct of the Village elections, and said municipal elections shall be subject to the general election law of the State of Illinois in matters of scheduling, manner of conducting, voting at, and contesting of municipal elections. (See 65 ILCS Sec. 5/3.1-10-10)

(B) Inauguration. The terms of elected municipal officers, and their inauguration,

shall commence and occur at the first regular or special meeting of the corporate authorities in either the month of May or June, as the case may be, following the proclamation of the results of the regular municipal election at which the officers were elected, provided that the corporate authorities have received the certified results of said election from the local election authorities. The corporate authorities by ordinance may otherwise fix the time of inauguration of newly elected officials at a time which is no earlier than the first regular or special meeting of the corporate authorities in the month of May and no later than the first regular or special meeting of the corporate authorities in the month of June following the election. (See 65 ILCS Sec. 5/3.1-10-15) (Ord. # 592; 2/8/2007)

1-2-20 APPOINTMENT OF ELECTED OFFICIALS. 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. (See 65 ILCS Sec. 5/3.1-15-15)

NOTE: One (1) member may serve on the Library Board. (See 75 ILCS Sec. 5/4-1 and 50 ILCS Sec. 105/2)

1-2-21 MUNICIPAL OFFICERS – REGULATIONS.

(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, or to appointed village collectors (unless the Village has designated by ordinance that the Village Clerk shall also hold the office of collector). (See 65 ILCS Sec. 5/3.1-10-6)

(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. (See 65 ILCS Sec. 5/3.1-10-30)

(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 (5) days after 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 Section 1-1-20 of this Code. He shall not receive his final check until his Village Code Book and keys are turned over to the Village Clerk. (See 65 ILCS Sec. 5/3.1-10-35)

(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. (See 65 ILCS Sec. 5/3.1-10-40)

(H) Warrants. 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 law enforcement officer. For that purpose, policemen have all the common law and statutory powers of sheriffs. (See 65 ILCS Sec. 5/3.1-15-25)

(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.

(See 65 ILCS Sec. 5/3.1-15-20)

(See “Administration of Oaths”, Section 1-2-63)

1-2-22 RESIGNATION OF APPOINTED OFFICIALS. 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. (See 65 ILCS Sec. 5/3.1-10-50)

1-2-23 QUALIFICATIONS; ELECTIVE OFFICE.

(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 (1) 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.

(C) A person is not eligible for the office of trustee unless that person has resided in the municipality, at least one (1) year next preceding the election or appointment, except as provided in 65 ILCS Sec. 5/3.1-25-75(b). (See 65 ILCS Sec. 5/3.1-10-5)

1-2-24 BONDS OF VILLAGE OFFICERS.

(A) Amount. Bonds of Village officers required under Illinois Compiled Statutes, Chapter 65, Section 5/3.1-10-30 shall be executed in the following penal sums:

(1) Mayor $ 3,000.00

(2) Village Treasurer 195,000.00

(3) Village Clerk 75,000.00

(B) Premium Payment by Village. The surety bonds required by law shall be paid by the Village. (See 5 ILCS Sec. 270/1)

(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.

1-2-25 LIABILITY INSURANCE.

(A) Purchase Of. 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.

1-2-26 SALARIES REGULATION.

(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.

(See 65 ILCS Sec. 5/3.1-50-5 and 5/3.1-50-10)

EDITOR’S NOTE: The salary of appointed officials and employees may be established in the appropriation ordinance or annual budget. The salary of elected officials must be established in an ordinance other than the appropriation ordinance at least one hundred eighty (180) days before the beginning of the terms of the officers whose compensation is to be filed.

1-2-27 MUNICIPAL YEAR. The municipal year shall commence on May 1st and shall end on the following April 30th. No appointments shall be made during the last month of the municipal year in the year of a mayoral election.

1-2-28 EXPENSES – REIMBURSEMENT. 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. (See 65 ILCS Sec. 5/3.1-50-15(B))

1-2-29 OFFICIAL RECORDS. All official records, including the Corporate Seal, shall be kept in the Village Hall.

1-2-30 FEDERAL OLD AGE AND SURVIVOR’S INSURANCE SYSTEM.

(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 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.

1-2-31 ILLINOIS MUNICIPAL RETIREMENT FUND.

(A) The Village does hereby elect to participate in the Illinois Municipal Retirement Fund.

(B) Special Tax. The Village includes in its levy and appropriation ordinance provision for the levying of a special tax to pay the Village’s cost of participating in the Retirement Fund and appropriate therefrom funds to pay the cost of participation.

(C) Coverage. To be eligible to be included in the IMRF a person shall have to work a minimum of six hundred (600) hours per year.

1-2-32 CERTIFICATES OF INSURANCE. All contractors and sub-contractors doing work for the Village shall first provide a Certificate of Insurance indicating Worker’s Compensation and Employers’ Liability coverage and the policy limits for such coverage.

1-2-33 – 1-2-39 RESERVED.

DIVISION V – MAYOR

1-2-40 ELECTION. The Mayor shall be elected for a four (4) year term and shall serve until a successor is elected and has qualified. (See 65 ILCS Sec. 5/3.1-15-5 and 5/3.1-25-15)

1-2-41 MAYOR PRO-TEM; TEMPORARY CHAIRMAN.

(A) If the Mayor is temporarily absent because of an incapacity to perform official duties, but the incapacity does not create a vacancy in the office, the corporate authorities shall elect one of their members to act as Mayor pro tem. The Mayor pro tem, during this absence or disability, shall perform the duties and possess all the rights and powers of the Mayor but shall not be entitled to vote both as Mayor pro tem and as a trustee.

(B) In the absence of the Mayor, or Mayor pro tem, the corporate authorities may elect one of their members to act as a temporary Chairman. The temporary Chairman shall have only the powers of a presiding officer and a right to vote only in the capacity as trustee on any ordinance, resolution, or motion. (See 65 ILCS Sec. 5/3.1-35-35)

1-2-42 VACANCY. If a vacancy occurs in the office of the Mayor and there remains an unexpired portion of the term of at least twenty-eight (28) months and the vacancy occurs at least one hundred thirty (130) days before the general municipal election next scheduled under the general election law, the vacancy shall be filled at that general municipal election. The Village Board shall elect one of its members as “Acting Mayor” who shall perform the duties and shall possess all the rights and powers of the Mayor until a successor to fill the vacancy has been elected and has qualified. (See 65 ILCS Sec. 5/3.1-10-50)

1-2-43 CHIEF EXECUTIVE OFFICER. The Mayor shall be the chief executive officer of the Village and shall see to the enforcement of all laws and ordinances. The Mayor shall preside over the meetings of the Board of Trustees and perform such duties as may be required of him by statute or law. The Mayor shall have supervision over all of the executive officers and Village employees; provided, however, his or her control is subject to the power of the Village Board to prescribe the duties of various officers and employees. The Mayor shall have the power and authority at any reasonable time to inspect all books, papers and records pertaining to Village affairs and kept by any officer of the Village. (See 65 ILCS Sec. 5/3.1-15-10 and 3.1-35-20)

1-2-44 MAYOR’S SIGNATURE. The Mayor shall sign all Village warrants, commissions, permits and licenses granted by authority of the Village Board, except as otherwise provided, and such other acts and deeds as law or ordinance may require his or her official signature.

The Mayor may designate another to affix his or her signature to any written instrument that requires the Mayor’s signature. The Mayor must send written notice of this designation to the Village Board stating: (1) the name of the person whom he or she has selected, and (2) what instrument the person will have authority to sign.

A written signature of the Mayor executed by the person so designated with the signature underneath the signature of the person so designated shall be attached to the notice. The notice with the signature attached shall be recorded in the journal of the Village Board and then filed with the Village Clerk. When the signature of the Mayor is placed on a written instrument at the direction of the Mayor in the specified manner, the instrument, in all respects, shall be as binding on the Village as if signed by the Mayor in person. (See 65 ILCS Sec. 5/3.1-35-30)

1-2-45 APPOINTMENT OF OFFICERS.

(A) Appointed. At the first annual meeting in May, the Mayor shall appoint, by and with the advice and consent of the Village Board, all officers of the Village whose election or appointment is not otherwise provided for, and said officers shall hold their offices for the ensuing month or year, and until their respective successors are appointed and qualified. Any vacancy occurring in an appointive office shall be filled in the same manner. The Mayor shall issue a commission or certificate of appointment to all persons appointed to office in the municipality. (See 65 ILCS Secs. 5/3.1-30-5)

(B) Filling Vacancies. The Mayor shall appoint, by and with the advice and consent of the Village Board, all officers of the Village whose appointment will not otherwise be provided for by law; and whenever a vacancy shall occur in any office, which by law or ordinance the Mayor is empowered and required to fill, the Mayor shall, at the next regular meeting of the Village Board, communicate to it the name of the appointee to such office and pending the concurrence of the Village Board in such appointment, the Mayor may designate some suitable person to discharge the functions of such office. (See 50 ILCS Sec. 105/2)

1-2-46 SUPERVISE CONDUCT OF OFFICERS; REMOVAL OF OFFICERS. The Mayor shall supervise the conduct of all officers of the Village and see that they faithfully and efficiently discharge the duties of their respective offices. Except where otherwise provided by statute, the Mayor may remove any officer appointed by the Mayor under this Code, on any written charge, whenever the Mayor is of the opinion that the interests of the municipality demand removal. The Mayor shall report the reasons for the removal to the corporate authorities at a meeting to be held not less than five (5) days nor more than ten (10) days after the removal. If the Mayor fails or refuses to report to the corporate authorities the reasons for the removal, or if the corporate authorities by a two-thirds (2/3) vote of all members authorized by law to be elected disapprove of the removal, the officer thereupon shall be restored to the office from which the officer was removed. The vote shall be by yeas and nays, which shall be entered upon the journal of the corporate authorities. Upon restoration, the officer shall give a new bond and take a new oath of office. No officer shall be removed a second time for the same offense. (See 65 ILCS Sec. 5/3.1-35-10)

1-2-47 DESIGNATION OF OFFICERS’ DUTIES. Whenever there is a dispute as to the respective duties or powers of any appointed officer of the Village, this dispute shall be settled by the Mayor, after consultation with the Village Attorney; and the Mayor shall have the power to delegate to any appointive officer, any duty which is to be performed when no specific officer has been directed to perform that duty with the advice and consent of the Village Board.

1-2-48 GENERAL DUTIES. The Mayor shall perform all the duties which are prescribed by law and shall take care that the laws and ordinances are faithfully executed.

The Mayor from time to time, may and annually shall give the Village Board information relative to the affairs of the Village, and may recommend for their consideration such measures as he or she believes expedient. (See 65 ILCS Sec. 5/3.1-35-5)

1-2-49 BUSINESS LICENSE COMMISSIONER. The Mayor is hereby designated as License Commissioner to issue and revoke any and all business licenses as provided by law, with the advice and consent of the Village Board.

1-2-50 LOCAL LIQUOR COMMISSIONER. The Mayor is hereby designated as Local Liquor Commissioner with all the powers to enforce State and Village liquor laws. (See 235 ILCS Sec. 5/4-2)

1-2-51 HEALTH COMMISSIONER. The Mayor is hereby declared to be Health Commissioner with all powers to abate and remove all nuisances or health hazards within the jurisdictional boundaries of the Village authority as prescribed by law, with the advice and consent of the Village Board.

1-2-52 DECIDING VOTE – MAYOR. The Mayor shall preside at all meetings of the Village Board. The Mayor shall not vote on any ordinance, resolution or motion, except:

(A) Where the vote of the Trustees has resulted in a tie; or

(B) Where one-half (1/2) of the Trustees elected have voted in favor of an ordinance, resolution or motion, even though there is no tie; or

(C) Where a vote greater than a majority of the corporate authorities is required by the Illinois Compiled Statutes to adopt an ordinance, resolution or motion.

In each instance specified, the Mayor shall vote. Nothing in this Section shall deprive an Acting Mayor or Mayor Pro-tem from voting in his or her capacity as Trustee, but he or she shall not be entitled to another vote in his or her capacity as Acting Mayor or Mayor Pro-tem. (See 65 ILCS Sec. 5/3.1-45-5)

1-2-53 – 1-2-55 RESERVED.

DIVISION VI – VILLAGE CLERK

1-2-56 APPOINTED. The Village Clerk shall be appointed for a one (1) year term by the Mayor with the advice and consent of the Village Board of Trustees and shall serve until a successor is appointed and has qualified; however, residency requirements of appointed officials as required by 65 ILCS 5/3.1-10-6(a) shall not apply to said appointed Village Clerk position, such that the appointed Village Clerk shall not be required to reside within the Village limits as a qualified elector; however, the Village may at any time by ordinance so designate that the appointed Village Clerk must so reside within the Village limits, as pursuant to 65 ILCS 5/3.1-10-6(b). If the person who is appointed as Village Clerk is also appointed as Village Collector, then any residency requirements or conditions imposed upon the Village Clerk shall also be imposed upon the Village Collector.

1-2-57 VACANCY. Whenever a vacancy in the Village Clerks position occurs during the regular term, the vacancy shall be filled for the remainder of the term by the appointment of a Village Clerk by the Mayor with the advice and consent of the Village Board of Trustees. (See 65 ILCS Sec. 5/3.1-30-5 and 65 ILCS 5/3.1-10-50). (Ord. #613; 9/13/2007)

1-2-58 PUBLICATION OF ORDINANCES; BOARD MINUTES; RECORDS.

(A) Ordinances. The Village Clerk shall cause all ordinances passed by the Village Board and approved by the Mayor, imposing any fine, penalty, imprisonment or forfeiture, or making any appropriation to be published or printed in book or pamphlet form, published by authority of the corporate authorities, or be published at least once within thirty (30) days after passage, in one (1) or more newspapers published in the Village. (See 65 ILCS Sec. 5/1-2-5)

(B) Minutes; Records. The Village Clerk shall attend all meetings of the Village Board and shall keep in a suitable book to be styled “The Journal of the Village Board”, a full and faithful record of its proceedings. The Village Clerk shall record and properly index in a book kept for that purpose, all ordinances passed by the Village Board, and at the foot of the record of each ordinance so recorded, the Clerk shall make a memorandum of the date of the passage, when published, and a memorandum of the publication of such ordinance. (See 65 ILCS Sec. 5/3.1-35-90)

(C) Bonds. The Clerk shall also record in proper books for the purpose, all official bonds and note upon each bond so recorded when the same was entered of record and the book and pages where recorded. (See 65 ILCS Sec. 5/3.1-35-110)

(D) Issue Notices. The Clerk shall issue and cause to be served upon all Trustees, notices of all special meetings of the Village Board; 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. (See 65 ILCS Sec. 5/1-2-4, 5/1-2-5 and 5/3.1-35-90)

1-2-59 DELIVERY OF PAPERS TO OFFICERS. The Clerk shall deliver to the several committees of the Village Board and to the officers of this Village, all petitions, communications, reports and resolutions, orders, claims and other papers referred to those committees or officers by the Board on demand therefor. The Clerk shall also, without delay, deliver to the Mayor, all ordinances or resolutions, orders and claims in his or her charge which may require to be approved or otherwise acted upon by the Mayor. (See 65 ILCS Sec. 5/3.1-35-90)

1-2-60 PREPARATION OF DOCUMENTS, COMMISSIONS AND LICENSES. The Clerk shall prepare all commissions, licenses, permits and other official documents required to be issued by him or her under this Code and shall attest the same with the corporate seal, and the Clerk shall, in like manner, attest all deeds for the sale of real estate owned and conveyed by this Village.

1-2-61 REPORT OF LICENSES. The Clerk shall report to the Village Board at its regular meeting each month and more often if the Board so requires the data contained in the license register with respect to licenses issued during the previous month.

1-2-62 DELIVERY OF LICENSES. In all cases where the Village requires a license to be obtained for the purpose of engaging in or carrying on any business or occupation, and the licensee is required to obtain plates, tags or stickers from the Clerk, it shall be the duty of the Clerk to deliver such plates, tags, or stickers to the person paying the license fee.

1-2-63 ADMINISTRATION OF OATHS. The Clerk shall have the power to administer oaths or affirmations for all lawful purposes. (See 65 ILCS Sec. 5/3.1-15-20)

1-2-64 OUTSTANDING BONDS. The Clerk shall keep in his office in a book or books kept expressly for that purpose a correct list of all the outstanding bonds of the Village, showing the number and amount of each, for and to whom the bonds are issued; and when the Village bonds are issued, or purchased, or paid, or cancelled, the book or books shall show that fact; [and in the annual report, the Clerk shall describe particularly the bonds sold during the year and the terms of sale with each and every item of expense thereof]. (See 65 ILCS Sec. 5/3.1-35-110)

1-2-65 REPORTS. The Clerk shall, on or before the regular meeting in each month, make out and submit to the Village Board a statement or report in writing of all the monies received and warrants drawn during the preceding month, showing therein from or what sources and on what account monies were received, and for what purposes and on what account the warrants were drawn or paid.

1-2-66 SUCCESSOR. The Village Clerk shall carefully preserve all books, records, papers, maps and effects of every detail and description belonging to the Village or pertaining to the office, and not in actual use and possession of other Village officers; and upon the expiration of his or her official term, the Clerk shall deliver all such books, records, papers and effects to the successor in office. (See 65 ILCS Sec. 3.1-10-35)

1-2-67 PAYMENTS. The Clerk shall prepare daily an itemized list of all monies received and shall deliver a copy of the same to the Village Treasurer and shall also pay over to the Treasurer all monies received in the office and take a receipt therefor.

1-2-68 COLLECTOR. The Collector shall be appointed for a one (1) year term by the Mayor with the advice and consent of the Village Board of Trustees and shall serve until a successor is appointed and has qualified. It is permissible, but not mandatory, that the Mayor may appoint the person holding the office of Village Clerk to also hold the office of Village Collector. Whenever a vacancy in the office of Village Collector appointed under statutes and this Code occurs during the term, the vacancy shall be filled for the remainder of the term by the appointment of a Collector by the Mayor with the advice and consent of the Village Board of Trustees. (Ord. #610; 8/9/2007)

1-2-69 OTHER DUTIES. In addition to the foregoing duties, the Clerk shall perform all such other duties pertaining to the office as are or may be imposed upon the office by law or resolution or ordinance of the Village Board. (See 65 ILCS Sec. 5/3.1-10-40)

1-2-70 SUBMIT APPROPRIATION TO VILLAGE BOARD. The Clerk shall on or before the fifteenth (15th) day of May in each year, and before the annual appropriations to be made by the Village Board, submit to the Village Board a report of the estimates as nearly as may be of monies necessary to defray the expenses of the corporation during the current fiscal year. The Clerk shall, in said report, classify the different objects and branches of expenditures, giving as nearly as may be the amount required for each; and for the purpose of making such a report, the Clerk is hereby authorized to require of all officers their statement of the condition and expenses of their respective offices or departments with any proposed improvements, and the probable expense thereof, all contracts made and unfinished and the amount of any and all unexpended appropriations of the preceding year.

The Clerk shall, in such report, show the aggregate income of the preceding fiscal year, from all sources, the amount of liabilities outstanding upon which interest is to be paid, the bonds and debts payable during the year, when due and when payable; and in such report, shall give such other information to the Village Board as he or she may deem necessary to the end that the Village Board may fully understand the money exigencies and demands upon the corporation for the current year. (See 65 ILCS Sec. 5/3.1-35-115)

1-2-71 DEPUTY CLERK. The Village Clerk, when authorized by the Village Board, may appoint the Deputy Clerk who shall have the power and duty to execute all documents required by any law to be executed by the Clerk and affix the seal of the Village thereto whenever required. In signing any documents, the Deputy Clerk shall sign the name of the Village Clerk followed with the word, “By” and the Deputy Clerk’s name and the words, “Deputy Clerk”.

The powers and duties herein described shall be executed by such Deputy Clerk only in the absence of the Village Clerk from the Village Clerk’s office in the Village Hall, and only when either written direction has been given by the Village Clerk to such Deputy Clerk to exercise such power or the Village Board has determined by resolution that the Village Clerk is temporarily or permanently incapacitated to perform such functions. (See 65 ILCS Sec. 5/3.1-30-10 and 5/3.1-10-45 and 5/3.1-35-95)

DIVISION VII – VILLAGE TREASURER

1-2-72 DEPARTMENT ESTABLISHED. There is hereby established a department of the municipal government of the Village which shall be known as the “Finance Department”. It shall embrace the Finance Committee and the Treasurer.

1-2-73 FINANCE COMMITTEE. The standing committee on Finance shall exercise a general supervision over the affairs of the Finance Department. It shall ascertain the condition and needs thereof; shall, from time to time, report the same to the Mayor and Village Board so that a full understanding thereof shall be had and generally, shall do all the acts necessary to promote the efficiency of the Department.

1-2-74 TREASURER APPOINTED; VACANCY. The Treasurer shall be appointed for a one (1) year term by the Mayor with the advice and consent of the Village Board and shall serve until a successor is appointed and has qualified. Wherever a vacancy in the of Village Treasurer appointed under the statutes occurs during the term, the vacancy shall be filled for the remainder of the term by the appointment of a Treasurer by the Mayor and with the advice and consent of the Board of Trustees. (See 65 ILCS Sec. 5/3.1-30-5 and 5/3.1-25-90)

1-2-75 MONEY; WARRANTS; ACCOUNTS; PAYMENTS. The Village Treasurer shall receive all monies belonging to this Village and shall pay all warrants signed by the Mayor and countersigned by the Village Clerk and not otherwise; and shall keep a separate account of each fund or appropriation and the debits and credits belonging thereto. The Treasurer shall give to every person paying money into the Village Treasury a receipt therefor, specifying the date of payment, and upon what account paid, and shall file copies of such receipts with the Clerk with the monthly reports. (See 65 ILCS Sec. 5/3.1-35-40)

1-2-76 WARRANT REGISTER. The Treasurer shall keep a register of all warrants redeemed and paid, showing the number, date, and amount of each, the fund from which paid, and the name of the person to whom and when paid; and the Treasurer shall cancel all warrants as soon as they are redeemed. (See 65 ILCS Sec. 5/3.1-35-40 and 5/3.1-35-45)

1-2-77 PERSONAL USE OF FUNDS. The Village Treasurer shall keep all money belonging to the Municipality and in the Treasurer’s custody separate and distinct from the Treasurer’s own money and shall not use, either directly or indirectly, the Municipality’s monies or warrants for the personal use and benefit of the Treasurer or of any other person. Any violation of this provision shall subject the Treasurer to immediate removal from office by the corporate authorities, who may declare the Treasurer’s office vacant. (See 65 ILCS Sec. 5/3.1-35-55)

1-2-78 BOND. The Treasurer shall give bond conditioned upon the faithful performance of his duties and to indemnify the Village for any loss due to neglect of duty or wrongful act on his part; and the amount of such bond shall not be less than ten percent (10%) of the highest amount of taxes and special assessments received by the Treasurer during any fiscal year in the preceding five (5) fiscal years, nor less than one and one-half times the largest amount which the Board estimates will be in his custody at any one time, nor less than three (3) times the number of residents of the Village, as determined by the last Federal Census. Such bond shall be filed with the Clerk as required by statute. (See 65 ILCS Sec. 5/3.1-10-45)

1-2-79 SPECIAL ASSESSMENTS. The Treasurer shall collect all payments on special assessments and shall see to it that the same are properly recorded and credited to the particular account entitled thereto. (See 65 ILCS Sec. 5/3.1-35-85)

1-2-80 BOOKKEEPING. The Treasurer shall keep the books and accounts in such a manner as to show with accuracy, all monies received and disbursed for the Village, stating from whom and on what account received, and to whom and on what account paid out, and in such a way that the books and accounts may be readily investigated and understood, and the books and accounts and all files and papers of the office shall be, at all times, open to examination by the Mayor or the Finance Committee of the Board. (See 65 ILCS Sec. 5/3.1-35-40)

1-2-81 STATEMENTS. The Treasurer shall report to the corporate authorities at the regular monthly meeting, a full and detailed account of all receipts and expenditures of the municipality as shown by his books up to the time of the report. (See 65 ILCS Sec. 5/3.1-35-45)

1-2-82 REPORT DELINQUENT OFFICERS. It shall be the duty of the Treasurer to report to the Village Clerk any officer of the Village authorized to receive money for the use of the Village who may fail to make a return of the monies received by the Treasurer at the time required by law or by ordinances of the Village.

1-2-83 YEAR-END REPORT. Within six (6) months after the end of each fiscal year, the Treasurer shall prepare and file annually with the Village Clerk an account of monies received and expenditures incurred during the preceding fiscal year as specified in this Section. The Treasurer shall show the following in such account:

(A) All monies received by the Village, indicating the total amounts in the aggregate received in each account of the Village, with a general statement concerning the source of such receipts; provided, however, for the purposes of this paragraph, the term “account” shall not be construed to mean each individual taxpayer, householder, licensee, utility user, or such other persons whose payments to the Village are credited to the general account; and

(B) Except as provided in paragraph (C) of this Section all monies paid out by the Village where the total amount paid during the fiscal year exceeds Two Thousand Five Hundred Dollars ($2,500.00), giving the name of each person to whom paid, on what account paid, and the total amount in the aggregate paid to each person from each account; and

(C) All monies paid out by the Village as compensation for personal services, giving the name of each person to whom paid, on what account paid, and the total amount in the aggregate paid to each person from each account; and

(D) A summary statement of operations for all funds and account groups of the Village as excerpted from the annual financial report, as filed with the appropriate state agency of the State of Illinois.

Upon receipt of such account from the Village Treasurer, the Village Clerk shall publish the account at least once in one or more newspapers published in the Village. (See 65 ILCS Sec. 5/3.1-35-65)

[NOTE: The Treasurer shall file a copy of the report with the County Treasurer as provided in Sec. 5/3.1-35-70 of Chapter 65 of the Illinois Compiled Statutes.]

1-2-84 DEPOSIT OF FUNDS.

(A) Designation by Board. The Treasurer is hereby required to keep all funds and monies in his or her custody belonging to the Village in such places of deposit as have been designated by Section 1-2-84(F). When requested by the Treasurer, the corporate authorities shall designate a bank or banks in which may be kept the funds and monies of the Village in the custody of the Treasurer. When a bank or savings and loan association has been designated as a depository, it shall continue as such depository until ten (10) days have elapsed after a new depository is designated and has qualified by furnishing the statements of resources and liabilities as required by this Section. When a new depository is designated, the corporate authorities shall notify the sureties of the Village Treasurer of that fact in writing at least five (5) days before the transfer of funds. The Treasurer shall be discharged from responsibility for all funds or money that the Treasurer deposits in a designated bank or savings and loan association while the funds and money are so deposited.

(B) The Village Treasurer may require any bank or savings and loan association to deposit with the Treasurer securities or mortgages that have a market value at least equal to the amount of the funds or monies of the municipality deposited with the bank or savings and loan association that exceeds the insurance limitation provided by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation.

(C) The Village Treasurer may enter into agreements of any definite or indefinite term regarding the deposit, redeposit, investment, reinvestment, or withdrawal of municipal funds.

(D) Each Village Treasurer may:

(1) combine monies from more than one fund of a single municipality for the purpose of investing those funds and;

(2) join with other municipal treasurers or municipalities for the purpose of investing the municipal funds of which the Treasurer has custody.

Joint investments shall be made only in investments authorized by law for the investment of municipal funds. When monies of more than one fund of a single municipality or monies of more than one municipality are combined for investment purposes, the monies combined for that purpose shall be accounted for separately in all respects and the earnings from investments shall be separately and individually computed, recorded, and credited to the fund or municipality, as the case may be, for which the investment was acquired.

(E) No bank or savings and loan association shall receive public funds as permitted by this Section unless it has complied with the requirements established by Section 6 of the Public Funds Investment Act. (See 65 ILCS Sec. 5/3.1-35-50 and 30 ILCS Sec. 235/6)

(F) The following banks, all located within the Village limits, are herewith designated as the only places of deposit where the Treasurer of the Village may keep those funds and monies in the Treasurer’s custody belonging to this municipality:

(1) Clay County State Bank, Louisville, IL

(2) The Louisville Banking Company, a branch of the Clay City Banking Company (Ord. No. 698, 02/09/2012)

(3) The North Clay Banking Center, a branch of Flora Bank & Trust

(Ord. No. 698, 02/09/2012)

1-2-85 – 1-2-87 RESERVED.

DIVISION VIII – JUDICIARY

1-2-88 APPOINTMENT OF ATTORNEY. The Attorney shall be appointed by the Mayor, by and with the advise and consent of the Village Board for the term of one (1) year, unless sooner removed for cause, and until a successor shall have been appointed and qualified. The Attorney shall have full charge of the law affairs of the Village and shall be known as the Village Attorney and shall receive an annual salary as determined by the appropriation ordinance, compensation for office services and advice, and shall receive reasonable fees for other services rendered when, in his or her judgment, or in the judgment of the Mayor or Village Board, the same are necessary or are for the best interests of the Village. (See 65 ILCS Sec. 5/3.1-30-5)

1-2-89 DUTIES.

(A) Prosecute for Village. The Village Attorney shall prosecute or defend on behalf of the Village in all cases in which the interests of the corporation or any officer thereof are involved; and the Village Clerk shall furnish him or her with certified copies of any ordinance, bond or paper in keeping necessary to be filed or used in any suit or proceedings.

(B) Preparation of Ordinances. The Attorney shall, when required, advise the Village Board or any officer in all matters of law in which the interests of the corporation are involved, and shall draw such ordinances, bonds, forms and contracts, or examine and pass upon the same, as may be required by the Mayor, the Village Board, or any committee thereof.

(C) Judgments. The Attorney shall direct executions to be issued upon all judgments recovered in favor of the Village, and shall direct their prompt service. The Attorney shall examine all the bills of the officers of courts, and of other officers of the law, and shall certify to their correctness and the liability of the Village therefore.

(D) Violations of Ordinances. The Attorney shall institute and prosecute an action in every case of violation of a Village ordinance when instructed to do so by the Mayor or the Village Board.

(E) Prosecution of Suits. The Attorney shall not be required to prosecute any suit or action arising under the ordinances of the Village when, upon investigation of the same, the Attorney shall become satisfied that the complaint was instituted maliciously, vexatiously, or without just cause; and may withdraw from any such suit or proceeding upon such terms as he or she may deem just or equitable.

(F) Collection of Taxes. The Attorney is hereby authorized and instructed to enforce the collection of any and all taxes and special assessments in the collection of which the Village is interested and to attend all sales of real or personal property made to enforce the collection of such taxes or special assessments and to bid thereat on behalf of the Village.

(G) Commissions. The Village Attorney shall act as the legal advisory for the Utilities Systems and for all other boards and commissions hereafter established by the Village Board. The Attorney shall perform all legal services as may be required for those boards and commissions.

1-2-90 – 1-2-93 RESERVED.

DIVISION IX – VILLAGE ENGINEER

1-2-94 APPOINTMENT. With the advice and consent of the Village Board, the Mayor may appoint an engineer for the Village for a period not to exceed the term of the Mayor.

1-2-95 DUTIES. The Village Engineer shall make and submit plans, estimates and specifications for any public work which may be proposed or ordered by the Village Board. The Engineer shall also examine all public works under his or her charge and see that the plans, estimates and specifications for the same are properly executed. (See 65 ILCS Sec. 5/3.1-30-5)

1-2-96 – 1-2-97 RESERVED.

DIVISION X – SUPERINTENDENT OF PUBLIC WORKS

1-2-98 OFFICE CREATED. There is hereby created the office of Superintendent of Public Works, an executive office of the Village. The Superintendent may be appointed by the Mayor, with the advice and consent of the Board of Trustees for a period not to exceed the term of the Mayor. (See 65 ILCS Sec. 5/3.1-30-5)

1-2-99 UTILITY SYSTEMS. The Superintendent shall have charge of the operation and maintenance of the municipal water, sewer and gas systems as provided in Chapters 17 and 38 of this Code.

1-2-100 DEPARTMENT EMPLOYEES. All officers or employees assigned to the Department shall perform their duties subject to the orders and under the supervision of the Superintendent.

1-2-101 STREETS. The Superintendent shall have charge of the construction and care of all public streets, alleys, and driveways in the Village, and with keeping the same clean. The Superintendent shal see to it that all gutters and drains therein function properly and that the same are kept free from defects. The Superintendent shall perform all duties and responsibilities outlined in Chapter 28 and Chapter 33 of this Code.

1-2-102 LIGHTING. The Superintendent shall supervise the lighting of the public streets and alleys.

1-2-103 PROPERTY CUSTODIAN. The Superintendent shall be the custodian of all property of the Village which is not assigned to the care or custody of any other officer.

ARTICLE III – SALARIES

1-3-1 SALARIES OF VILLAGE OFFICIALS. The following salaries are hereby established for elected Village Officials:

(A) Mayor. The Mayor shall receive One Hundred Seventy-Five Dollars ($175.00) per regular plus One Hundred Seventy-Five Dollars ($175.00) for each special meeting.

(B) Trustees. The Village Trustees shall receive One Hundred Dollars ($100.00) per meeting plus One Hundred Dollars ($100.00) per each special meeting.

(C) Village Clerk. The Village Clerk shall receive One Hundred Ten Dollars ($110.00) for each meeting and One Hundred Ten Dollars ($110.00) for each special meeting.

(D) Village Treasurer. The Village Treasurer shall be paid a salary as established by ordinance.

(E) Village Collector. The Village Collector shall be paid a salary as established by ordinance.

(Ord. No. 499; 10-12-00)

(See 65 ILCS Sec. 5/3.1-50-5; 5/3.1-50-10; 5/3.1-50-15)

[ED. NOTE: The salaries of elected officials who hold elective office for a definite term shall neither be increased nor diminished during that term and shall be fixed at least one hundred eighty (180) days before the beginning of the terms of the officers whose compensation is to be filed.

The ordinance fixing compensation for members of the corporate authorities shall specify whether those members are to be compensated (i) at an annual rate or, (ii) for each meeting of the corporate authorities actually attended if public notice of the meeting was given.]

ARTICLE IV – MANAGEMENT ASSOCIATION

1-4-1 PARTICIPATION. This section regarding mandatory participation in the Illinois Municipal League Risk Management Association is DELETED.

1-4-2 CONTRIBUTION. This section regarding mandatory contribution to the Illinois Municipal League Risk Management Association DELETED.

ARTICLE V – INVESTMENT POLICY

1-5-1 INVESTMENT POLICY. It is always prudent for a taxing entity to have an Investment Policy in place for the purpose of safeguarding funds, equitably distributing the investments and maximizing income. The following policy shall be adopted for the Village.

1-5-2 SCOPE OF INVESTMENT POLICY. All governmental units are required to have a written investment policy adopted and implemented by January 1, 2000, as stated in Public Act 90-0688. The Village’s Investment Policy applies to the investment activities of all funds under the jurisdiction of the Village Treasurer, and to any new funds or temporary funds placed under his or her jurisdiction.

1-5-3 OBJECTIVES. The purpose of this Investment Policy is to establish management and investment guidelines for the stewardship of public funds under the jurisdiction of the Treasurer of the Village. The specific objectives of this Investment Policy are as follows:

(A) Safety of the principal.

(B) Diversity of investments to avoid unreasonable risks.

(C) The portfolio shall remain sufficiently liquid to meet all operating costs, which may be reasonably anticipated.

(D) The highest interest rate available will always be the objective of this policy combined with the safety of principal, which is left to the discretion of the Treasurer.

(E) In maintaining its investment portfgolio, the Treasurer shall avoid any transaction that might impair public confidence.

(F) The Treasurer will give consideration to the financial institution’s positive community involvement when consideration is given to the financial institution to be used as a depository.

(G) All funds will be invested for a period of one (1) day or longer, depending on the requirement for the disbursement of funds.

1-5-4 RESPONSIBILITY. All investment of funds under the control of the Treasurer are the direct responsibility of the Treasurer. The Treasurer shall be responsible for all transactions and shall establish sufficient controls of the activities of all subordinates who are directly involved in the assistance of such investment activities.

1-5-5 ACCOUNTING. The Village Treasurer shall record all investment transactions. A report will be generated, at least monthly, listing all active investments. This report will be made available to the Board of Trustees.

1-5-6 FINANCIAL INSTITUTIONS. The Board of Trustees will have the responsibility to select which financial institutions will be depositories for the Village funds. The Board will take into consideration security, size, location, condition, service, fees and the community involvement of the financial institution when choosing a financial institution. At no time will the Village’s investments exceed sixty-five percent (65%) of the financial institution’s capital and surplus. All financial institutions having any type of financial relationships, deposits, investments, loans, etc., are required to provide a complete and current “Call Report” required by their appropriate regulatory authority annually within thirty (30) days of the “Call” request date.

1-5-7 INVESTMENT VEHICLES. The Village will use investments approved for governmental units.

1-5-8 COLLATERAL. The Village Treasurer shall determine whether collateral will be required of financial institutions receiving funds. At all times, the Village will require that deposits in excess of ten percent (10%) of the capital and surplus of a financial institution be collateralized. The Village Treasurer may request collateral for any part of deposits in financial institutions when the Treasurer determines it to be in the best interest of safeguarding the funds on deposit. When collateral is required, one hundred five percent (105%) of the deposit will be required. Only the following collateral will be accepted:

(A) U.S. Government direct securities

(B) Obligations of Federal Agencies

(C) Obligations of Federal Instrumentalities

(D) Obligations of the State of Illinois

Investments shall be made with judgment and care, under the currently prevailing circumstances. Similar to the manner which persons of prudence, discretion and intelligence would exercise in the management of their own affairs. Investments will not be made with speculation, but with consideration given to the probable safety of capital as well as the possible income to be derived.

The above standard is established as the standard for professional responsibility and shall be applied in the context of managing the portfolio of the Village.

1-5-9 SECURITY CONTROLS. The Treasurer is authorized to establish financial accounts for the Village funds with the advice and consent of the Board of Trustees. At all times the Treasurer will be authorized to sign on financial accounts of the Village.

ARTICLE VI – ETHICS CODE

1-6-1 DEFINITIONS. For the purposes of this Article, the following terms shall be given these definitions:

“Campaign for Elective Office” means any activity in furtherance of an effort to influence the selection, nomination, election, or appointment of any individual to any federal, State, or local public office or office in a political organization, or the selection, nomination, or election of Presidential or Vice-Presidential electors, but does not include activities (i) relating to the support or opposition of any executive, legislative, or administrative action, (ii) relating to collective bargaining, or (iii) that are otherwise in furtherance of the person’s official duties.

“Candidate” means a person who has filed nominating papers or petitions for nomination or election to an elected office, or who has been appointed to fill a vacancy in nomination, and who remains eligible for placement on the ballot at a regular election, as defined in Section 1-3 of the Election Code (10 ILCS 5/1-3).

“Collective Bargaining” has the same meaning as that term is defined in Section 3 of the Illinois Public Labor Relations Act (5 ILCS 315/3).

“Compensated Time” means, with respect to an employee, any time worked by or credited to the employee that counts toward any minimum work time requirement imposed as a condition of his or her employment, but for purposes of this Article, does not include any designated holidays, vacation periods, personal time, compensatory time off or any period when the employee is on a leave of absence. With respect to officers or employees whose hours are not fixed, “compensated time” includes any period of time when the officer is on premises under the control of the employer and any other time when the officer or employee is executing his or her official duties, regardless of location.

“Compensatory Time Off” means authorized time off earned by or awarded to an employee to compensate in whole or in part for time worked in excess of the minimum work time required of that employee as a condition of his or her employment.

“Contribution” has the same meaning as that term is defined in Section 9-1.4 of the Election Code (10 ILCS 5/9-1.4).

“Employee” means a person employed by the Village, whether on a full-time or part-time basis or pursuant to a contract, whose duties are subject to the direction and control of an employer with regard to the material details of how the work is to be performed, but does not include an independent contractor.

“Employer” means the Village of Louisville, Clay County, Illinois.

“Gift” means any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible or intangible item having monetary value including, but not limited to, cash, food and drink, and honoraria for speaking engagements related to or attributable to government employment or the official position of an officer or employee.

“Leave of Absence” means any period during which an employee does not receive (i) compensation for employment, (ii) service credit towards pension benefits, and (iii) health insurance benefits paid for by the employer.

“Officer” means a person who holds, by election or appointment, an office created by statute or ordinance, regardless of whether the officer is compensated for service in his or her official capacity.

“Political Activity” means any activity in support of or in connection with any campaign for elective office or any political organization, but does not include activities (i) relating to the support or opposition of any executive, legislative, or administrative action, (ii) relating to collective bargaining, or (iii) that are otherwise in furtherance of the person’s official duties.

“Political Organization” means a party, committee, association, fund, or other organization (whether or not incorporated) that is required to file a statement of organization with the State Board of Elections or a county clerk under Section 9-3 of the Election Code (10 ILCS 5/9-3), but only with regard to those activities that require filing with the State Board of Elections or a county clerk.

“Prohibited Political Activity” means:

(A) Preparing for, organizing, or participating in any political meeting, political rally, political demonstration, or other political event.

(B) Soliciting contributions, including but not limited to the purchase of, selling, distributing, or receiving payment for tickets for any political fundraiser, political meeting, or other political event.

(C) Soliciting, planning the solicitation of, or preparing any document or report regarding anything of value intended as a campaign contribution.

(D) Planning, conducting, or participating in a public opinion poll in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question.

(E) Surveying or gathering information from potential or actual voters in an election to determine probable vote outcome in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question.

(F) Assisting at the polls on election day on behalf of any political organization or candidate for elective office or for or against any referendum question.

(G) Soliciting votes on behalf of a candidate for elective office or a political organization or for or against any referendum question or helping in an effort to get voters to the polls.

(H) Initiating for circulation, preparing, circulating, reviewing, or filing any petition on behalf of a candidate for elective office or for or against any referendum question.

(I) Making contributions on behalf of any candidate for elective office in that capacity or in connection with a campaign for elective office.

(J) Preparing or reviewing responses to candidate questionnaires.

(K) Distributing, preparing for distribution, or mailing campaign literature, campaign signs, or other campaign material on behalf of any candidate for elective office or for or against any referendum question.

(L) Campaigning for any elective office or for or against any referendum question.

(M) Managing or working on a campaign for elective office or for or against any referendum question.

(N) Serving as a delegate, alternate, or proxy to a political party convention.

(O) Participating in any recount or challenge to the outcome of any election.

“Prohibited Source” means any person or entity who:

(A) is seeking official action (i) by an officer or (ii) by an employee, or by the officer or another employee directing that employee;

(B) does business or seeks to do business (i) with the officer or (ii) with an employee, or with the officer or another employee directing that employee;

(C) conducts activities regulated (i) by the officer or (ii) by an employee, or by the officer or another employee directing that employee; or

(D) has interests that may be substantially affected by the performance or non-performance of the official duties of the officer or employee.

1-6-2 PROHIBITED POLITICAL ACTIVITIES.

(A) No officer or employee shall intentionally perform any prohibited political activity during any compensated time, as defined herein. No officer or employee shall intentionally use any property or resources of the Village in connection with any prohibited political activity.

(B) At no time shall any officer or employee intentionally require any other officer or employee to perform any prohibited political activity (i) as part of that officer or employee’s duties, (ii) as a condition of employment, or (iii) during any compensated time off (such as holidays, vacation or personal time off).

(C) No officer or employee shall be required at any time to participate in any prohibited political activity in consideration for that officer or employee being awarded additional compensation or any benefit, whether in the form of a salary adjustment, bonus, compensatory time off, continued employment or otherwise, nor shall any officer or employee be awarded additional compensation or any benefit in consideration for his or her participation in any prohibited political activity.

(D) Nothing in this Section prohibits activities that are permissible for an officer or employee to engage in as part of his or her official duties, or activities that are undertaken by an officer or employee on a voluntary basis which are not prohibited by this Article.

(E) No person either (i) in a position that is subject to recognized merit principles of public employment or (ii) in a position the salary for which is paid in whole or in part by federal funds and that is subject to the Federal Standards for a Merit System of Personnel Administration applicable to grant-in-aid programs, shall be denied or deprived of employment or tenure solely because he or she is a member or an officer of a political committee, of a political party, or of a political organization or club.

1-6-3 GIFT BAN. Except as permitted by this Article, no officer or employee, and no spouse of or immediate family member living with any officer or employee (collectively referred to herein as “recipients”), shall intentionally solicit or accept any gift from any prohibited source, as defined herein, or which is otherwise prohibited by law or ordinance. No prohibited source shall intentionally offer or make a gift that violates this Section.

1-6-4 EXCEPTIONS. Section 1-6-3 is not applicable to the following:

(A) Opportunities, benefits, and services that are available on the same conditions as for the general public.

(B) Anything for which the officer or employee, or his or her spouse or immediate family member, pays the fair market value.

(C) Any (i) contribution that is lawfully made under the Election Code or (ii) activities associated with a fundraising event in support of a political organization or candidate.

(D) Educational materials and missions.

(E) Travel expenses for a meeting to discuss business.

(F) A gift from a relative, meaning those people related to the individual as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, and including the father, mother, grandfather, or grandmother of the individual’s spouse and the individual’s fiance or fiancee.

(G) Anything provided by an individual on the basis of a personal friendship unless the recipient has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the recipient or his or her spouse or immediate family member and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the recipient shall consider the circumstances under which the gift was offered, such as: (i) the history of the relationship between the individual giving the gift and the recipient of the gift, including any previous exchange of gifts between those individuals; (ii) whether to the actual knowledge of the recipient the individual who gave the gift personall paid for the gift or sought a tax deduction or business reimbursement for the gift; and (iii) whether to the actual knowledge of the recipient the individual who gave the gift also at the same time gave the same or similar gifts to other officers or employees, or their spouses or immediate family members.

(H) Food or refreshments not exceeding Seventy-Five Dollars ($75.00) per person in value on a single calendar day; provided that the food or refreshments are (i) consumed on the premises from which they were purchased or prepared or (ii) catered. For the purposes of this Section, “catered” means food or refreshments that are purchased ready to consume which are delivered by any means.

(I) Food, refreshments, lodging, transportation, and other benefits resulting from outside business or employment activities (or outside activities that are not connected to the official duties of an officer or employee), if the benefits have not been offered or enhanced because of the official position or employment of the officer or employee, and are customarily provided to others in similar circumstances.

(J) Intra-governmental and inter-governmental gifts. For the purpose of this Act, “intragovernmental gift” means any gift given to an officer or employee from another officer or employee, and “inter-governmental gift” means any gift given to an officer or employee by an officer or employee of another governmental entity.

(K) Bequests, inheritances, and other transfers at death.

(L) Any item or items from any one prohibited source during any calendar year having a cumulative total value of less than One Hundred Dollars ($100.00).

Each of the exceptions listed in this Section is mutually exclusive and independent of every other.

1-6-5 DISPOSITION OF GIFTS. An officer or employee, his or her spouse or an immediate family member living with the officer or employee, does not violate this Article if the recipient promptly takes reasonable action to return a gift from a prohibited source to its source or gives the gift or an amount equal to its value to an appropriate charity that is exempt from income taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as now or hereafter amended, renumbered, or succeeded.

1-6-6 ETHICS ADVISOR. The Mayor, with the advice and consent of the Board of Trustees, shall designate himself or some other person as Ethics Advisor for the Village. The duties of the Ethics Advisor may be delegated to an officer or employee of the Village unless the position has been created as an office by the Village.

The Ethics Advisor shall provide guidance to the officers and employees of the Village concerning the interpretation of and compliance with the provisions of this Article and State ethics laws. The Ethics Advisor shall perform such other duties as may be delegated by the corporate authorities of the Village.

1-6-7 ETHICS COMMISSION.

(A) There is hereby created a commission to be known as the Ethics Commission of the Village. The Commission shall be comprised of the President (i.e., Mayor) and the Board of Trustees, however, any member of the Commission who is the subject of any complaint made hereunder this Article shall recuse himself from the Commission for the duration of deliberations and from any action taken upon the complaint at hand.

(B) The President shall be the chairperson of the Commission, unless he is the subject of a complaint made hereunder this Article, in which case the members of the Commission shall elect a chairperson from their members. Meetings shall be held at the call of the chairperson or any two (2) commissioners. A quorum shall consist of four (4) commissioners, and official action by the Commission shall require the affirmative vote of four (4) members.

(C) Any member of the Commission who is related by blood or marriage up to the degree of first cousin to the subject of a complaint made hereunder this Article shall recuse himself from the Commission for the duration of deliberations and from any action taken upon the complaint at hand.

(D) The Commission shall have the following powers and duties:

(1) To promulgate procedures and rules governing the performance of its duties and the exercise of its powers.

(2) Upon receipt of a signed, notarized, written complaint, to investigate, conduct hearings and deliberations, issue recommendations for disciplinary actions, impose administrative fines in accordance with Section 1-6-8(C) of this Article and refer violations of Section 1-6-2 or Section 1-6-3 of this Article to the appropriate attorney for prosecution. The Commission shall, however, act only upon the receipt of a written complaint alleging a violation of this Article and not upon its own prerogative.

(3) To receive information from the public pertaining to its investigations and to require additional information and documents from persons who may have violated the provisions of this Article.

(4) To compel the attendance of witnesses and to compel the production of books and papers pertinent to an investigation. It is the obligation of all officers and employees of the Village to cooperate with the Commission during the course of its investigations. Failure or refusal to cooperate with requests by the Commission shall constitute grounds for discipline or discharge.

(5) The powers and duties of the Commission are limited to matters clearly within the purview of this Article.

(E) Complaints.

(1) Complaints alleging a violation of this Article shall be filed with the Ethics Commission.

(2) Within three (3) business days after the receipt of a complaint, the Commission shall send by certified mail, return receipt requested, a notice to the respondent that a complaint has been filed against him or her and a copy of the complaint. The Commission shall send by certified mail, return receipt requested, a confirmation of the receipt of the complaint to the complainant within three (3) business days after receipt by the Commission. The notices to the respondent and the complainant shall also advise them of the date, time, and place of the meeting to determine the sufficiency of the complaint and to establish whether probable cause exists to proceed.

(3) Upon not less than forty-eight (48) hours’ public notice, the Commission shall meet to review the sufficiency of the complaint and, if the complaint is deemed sufficient to allege a violation of this Article, to determine whether there is probable cause, based on the evidence presented by the complainant, to proceed. The meeting may be closed to the public to the extent authorized by the Open Meetings Act. The Commission shall issue notice to the complainant and the respondent of the Commission’s ruling on the sufficiency of the complaint and, if necessary, on probable cause to proceed within seven (7) business days after receiving the complaint.

If the complaint is deemed sufficient to allege a violation of Section 1-6-3 of this Article and there is a determination of probable cause, then the Commission’s notice to the parties shall include a hearing date scheduled within four (4) weeks after the complaint’s receipt. Alternatively, the Commission may elect to notify in writing the attorney designated by the corporate authorities to prosecute such actions and request that the complaint be adjudicated judicially. If the complaint is deemed not sufficient to allege a violation or if there is no determination of probable cause, then the Commission shall send by certified mail, return receipt requested, a notice to the parties of the decision to dismiss the complaint, and that notice shall be made public.

If the complaint is deemed sufficient to allege a violation of Section 1-6-2 of this Article, then the Commission shall notify in writing the attorney designated by the Corporate Authorities to prosecute such actions and shall transmit to the attorney the complaint and all additional documents in the custody of the Commission concerning the alleged violation.

(4) On the scheduled date and upon at least forty-eight (48) hours’ public notice of the meeting, the Commission shall conduct a hearing on the complaint and shall allow both parties the opportunity to present testimony and evidence. The hearing may be closed to the public only if authorized by the Open Meetings Act.

(5) Within thirty (30) days after the date the hearing or any recessed hearing is concluded, the Commission shall either: (a) dismiss the complaint or (b) issue a recommendation for discipline to the alleged violator and to the chief executive officer or other officer having authority to discipline the officer or employee, or impose a fine upon the violator, or both. The particular findings in the case, any recommendation for discipline, and any fine imposed shall be a matter of public information.

(6) If the hearing was closed to the public, the respondent may file a written demand for a public hearing on the complaint within seven (7) business days after the issuance of the recommendation for discipline or imposition of a fine, or both. The filing of the demand shall stay the enforcement of the recommendation or fine. Within fourteen (14) days after receiving the demand, the Commission shall conduct a public hearing on the complaint upon at least forty-eight (48) hours’ public notice of the hearing and allow both parties the opportunity to present testimony and evidence. Within seven (7) days thereafter, the Commission shall publicly issue a final recommendation to the alleged violator and to the Mayor or impose a fine upon the violator, or both.

(7) If a complaint is filed during the sixty (60) days preceding the date of any election at which the respondent is a candidate, the Commission shall render its decision as required under subsection (5) within seven (7) days after the complaint is filed, and during the seven (7) days preceding that election, the Commission shall render such decision before the date of that election, if possible.

(8) The Commission may fine any person who intentionally violates any provision of Section 1-6-3 of this Article in an amount of not less than One Thousand One Dollars ($1,001.00) and not more than Five Thousand Dollars ($5,000.00). The Commission may fine any person who knowingly files a frivolous complaint alleging a violation of this Article in an amount of not less than One Thousand One Dollars ($1,001.00) and not more than Five Thousand Dollars ($5,000.00). The Commission may recommend any appropriate discipline up to and including discharge.

(9) A complaint alleging the violation of this Act must be filed within one (1) year after the alleged violation.

1-6-8 PENALTIES.

(A) A person who intentionally violates any provision of Section 1-6-2 of this Article may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than three hundred sixty-four (364) days, and may be fined in an amount not to exceed Two Thousand Five Hundred Dollars ($2,500.00).

(B) A person who intentionally violates any provision of Section 1-6-3 of this Article is subject to a fine in an amount of not less than One Thousand One Dollars ($1,001.00) and not more than Five Thousand Dollars ($5,000.00).

(C) Any person who intentionally makes a false report alleging a violation of any provision of this Article to the local enforcement authorities, the State’s Attorney or any other law enforcement official may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than three hundred sixty-four (364) days, and may be fined in an amount not to exceed Two Thousand Five Hundred Dollars ($2,500.00).

(D) A violation of Section 1-6-2 of this Article shall be prosecuted as a criminal offense by the Village Attorney for the Village by filing in the circuit court any information, or sworn complaint, charging such offense. The prosecution shall be under and conform to the rules of criminal procedure. Conviction shall require the establishment of the guilt of the defendant beyond a reasonable doubt. A violation of Section 1-6-3 of this Article may be prosecuted as a quasi-criminal offense by the Village Attorney for the Village, or, if an Ethics Commission has been created, by the Commission through the designated administrative procedure.

(E) In addition to any other penalty that may be applicable, whether criminal or civil, an officer or employee who intentionally violates any provision of Section 1-6-2 or 1-6-3 of this Article is subject to discipline or discharge.

(Ord. No. 543; 05-13-04)

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