Chapter 30 GENERAL PROVISIONS

30.01 Effect.

30.03 Terms of office--Vacancies.

30.05 Records.

30.06 Monies received.

30.06A Service charge on debts to city.

30.07 Oath.

30.08 Bond.

30.09 Compensation of certain officers and officials.

30.10 Arrests.

30.11 Termination of office.

30.12 Impersonation.

30.13 Interfering with officers.

30.15 Surety bonds.

30.16 Municipal retirement fund.

30.18 Indemnification.

30.99 Penalty.

30.01 Effect.

The provisions of this title shall apply alike to all officers or employees of the city, regardless of the time of the creation of the office or of the time of the appointment of the officer. (‘60 Code, § 30.001)

30.03 Terms of office--Vacancies.

Every appointive officer or employee of the city shall hold office for a term of one year or until his successor is appointed and qualified unless it is otherwise provided by ordinance. Employees selected shall serve until removed by action of the council or recommendation of the appointing officer. (‘69 Code, § 30.010)

30.05 Records.

All records kept by any officer of the city shall be open to inspection by the mayor or any member of the council at all reasonable times, whether or not such records are required to be kept by statute or ordinance. (‘69 Code, § 30.020)

30.06 Monies received.

Every officer of the city shall at least once each day turn over all monies received by him in his official capacity to the clerk with a statement showing the source from which the moneys were received. (‘69 Code, § 30.025)

30.06A Service charge on debts to city.

(A) There is imposed a service charge of one and one-half percent per month on any debt or obligation due the city, except such service charge shall not be applied to the following:
(1) Sewer and/or water charges for service rates and charges made pursuant to Section 52.01.
(2) Debts or obligations heretofore incurred by any person, firm or corporation where the city agreed to accept payment in monthly installments and no service charge was imposed.
(B) For any debts or obligations presently owed by any person, firm or corporation or now due or owing to the city, the city shall give written notice by U.S. Mail to such person, firm or corporation of the amount of such debt or obligation and the fact that on the first day of the second month after the date such written notice is mailed, a service charge of one and one-half percent per month, or any part of a month, will be imposed until such debt or obligation is paid. (Ord. 1133, passed 10-15-91)

30.07 Oath.

Every officer of the city shall, before entering upon his duties, take the oath prescribed by state law. (‘69 Code, § 30.030)

30.08 Bond.

Every officer and employee shall, if required by the council, before entering upon the duties of his office give a bond in such amount as may be determined by the council and with such sureties as it may approve, conditioned upon the faithful performance of the duties of his office or position. (‘69 Code, § 30.035)

30.09 Compensation of certain officers and officials.

(A) Mayor. The salary of the mayor is fixed at the sum of $6,000 per year, payable monthly. The mayor shall be paid an additional $500 per month for each month that he or she provides full-time service as mayor. Full-time service shall mean general supervision of the city and its employees on a regular basis throughout each normal work day. In addition to the above, the mayor shall be recompensed for all expenses incurred in and about the duties of the office in an amount not to exceed the sum fixed by the annual appropriation ordinance for such purposes.
(B) Aldermen. Each alderman of the city of Wilmington, shall be compensated at a per diem of $30, except that aldermen elected in April of 1999 and thereafter, shall be compensated at a per diem of $45, with a per diem to be paid to each alderman for attendance at any regular or special meetings of the city council of the city of Wilmington at any regular or special meetings of any committee the city council of the city of Wilmington, upon which the alderman was appointed and serves. The alderman’s compensation shall be paid no less than monthly.
(C) City clerk. The salary of the city clerk is fixed at $1,900 per annum, payable quarterly.
(D) City treasurer. The salary of the city treasurer is fixed at $1,000 per annum, payable quarterly.
(E) Liquor commissioner. The salary for liquor commissioner is fixed at the sum of $900 per annum, payable annually.
(F) (Reserved).
(G) Police commissioner. The compensation for police commissioner is fixed at the sum of $400 per annum, payable annually. Each member of the police commission will be compensated $45 per regular meeting or special meeting. The chair of the commission or anyone acting for the chair, shall be paid for regular meeting for each city council meeting on which the commission is placed on the agenda to deliver a report to and attends the meeting to deliver the report commencing May 1, 2002.
(H) City attorney. The city attorney shall be compensated as approved by the corporate authorities.
(I) No retainage of fees. No officer or employee receiving a salary from the city shall be entitled to retain any portion of any fees collected by him in the performance of his duties as municipal officer or employee in the absence of a specific ordinance provision to that effect. (‘69 Code, § 30.040; Am. Ord. 621, passed 11-20-68; Am. Ord. 659, passed 1-16-73; Am. Ord. 970, passed 4-22-86; Am. Ord. 999, passed 3-17-87; Am. Ord. 1048, passed 12-20-88; Am. Ord. 1265, passed 11-18-97; Am. Ord. 1295, passed 10-6-98; Am. Ord. 1407, passed 3-20-02; Am. Ord. 1575, passed 7-15-03)

30.10 Arrests.

(A) The mayor, members of the city council, members of the fire department, as well as every member of the police department, are declared by statute to be conservators of the peace.
(B) Compliance tickets, administrative fee.
(1) Notwithstanding any other provision of this code, any person accused of violating any provision of this code or any other ordinance or regulation of the city may be issued a compliance ticket which shall require the violator to:
(a) Pay an administrative fee of one hundred ($100.00) dollars to the city collector within fourteen (14) days of the issuance of a compliance ticket as a settlement and compromise of the claim against a violator.
(b) Correct, repair, or rectify any condition which constitutes a continuing violation of a city ordinance or regulation within the period specified in the compliance ticket.
(2) A compliance ticket shall be issued as a courtesy to the violator in lieu of instituting a prosecution for the alleged violation. If the person accused of the violation fails to settle and pay the claim within the period specified in the compliance ticket, the compliance ticket shall be converted to a complaint which shall be filed with the circuit court and that person shall be subject to prosecution and subject to the fines and penalties authorized by law or ordinance. If a compliance ticket requires the correction, or repair of a condition within a certain period of time and the violator fails to correct, repair, or rectify the violation within that period, then the city shall pursue prosecution.
(3) If any person to whom a compliance ticket has been issued desires to contest the validity of the compliance ticket, then that person shall file a written notice of appeal with the city clerk’s office within five days of the issuance of the compliance ticket. The city council shall appoint a person to serve as hearing officer who shall, after receiving evidence from the person issuing the compliance ticket and the person to whom the compliance ticket is issued, render a decision. If the person to whom the compliance ticket is issued refuses to comply with any order issued by the hearing officer, then the city shall have the right to pursue any available remedy to seek collection and compliance, including prosecution in the circuit court.
(4) The chief of police is authorized to promulgate administrative regulations to implement the compliance ticket program.
(C) Issuance of compliance tickets. A compliance ticket may be issued by city of Wilmington police officers, ordinance enforcement officer, building inspector, or any other person as authorized by the Wilmington city council.
(D) Traffic Code. Administrative citations may not be utilized for any traffic offenses set forth in the Illinois Vehicle Code except for those “non-moving violations” set forth in Chapters 12 and 15. (‘69 Code, § 30.045; Am. Ord. 1242, passed 10-1-96; Am. Ord. 07-03-06-02, passed 3-6-07)

30.11 Termination of office.

Every officer of the city, on termination of his office, for any cause whatsoever, shall deliver to his successor all books and records which may be the property of the city. If no successor has been appointed within one week after the termination of office the property shall be delivered either to the clerk or to the treasurer. (‘69 Code, § 30.050)

30.12 Impersonation.

No person shall impersonate without lawful authority any city officer or employee. (‘69 Code, § 30.055) Penalty, see Section 30.99

30.13 Interfering with officers.

No person shall interfere with or hinder any city officer or employee who is engaged in the duties of his office. (‘69 Code, § 30.060) Penalty, see Section 30.99

30.15 Surety bonds.

(A) Whenever a surety bond to indemnify the city is required as a prerequisite to exercising the duties of any office or position, or to the issuance of a license or permit or the exercise of any special privilege, the surety on the bond shall be a corporation licensed and authorized to do business in this state as a surety company, in the absence of specific provision to the contrary by ordinance.
(B) Whenever in the city’s opinion additional sureties may be needed on any bond to indemnify the city against loss or liability because of the insolvency of the existing surety or for any other reason, the council may order a new surety to be secured for the bond. If the new surety is not procured within 10 days from the time the order is transmitted to the principal on the bond or his assignee, the council shall declare the bond to be void, thereupon, the principal or assignee shall be deemed to have surrendered the privilege of position as a condition of which the bond was required. (‘69 Code, §§ 30.070 and 30.075)

30.16 Municipal retirement fund.

The city elects to participate in the Illinois Municipal Retirement Fund, effective, January 1, 1974. (Ord. 665, passed 9-25-73)

30.18 Indemnification.

(A) To the fullest extent permitted by the Constitution of the state of Illinois and all other applicable laws, all city officers and employees, and each member of each board, commission or panel of the city, or by appointment of any individual by a city officer, established pursuant to applicable state statute, ordinance or resolution of the city, shall be indemnified, defended and held harmless by the city from and against all liabilities, expenses or investigation, judgments and amounts paid in settlement which may be imposed upon or reasonably incurred or paid by such officer, employee or appointee in connection or resulting from any claim made against him or her, or any action, suit, proceeding or investigation in which he or she may be involved by reason of his or her having been such officer, employee or appointee; provided, however, that the foregoing indemnity shall not extend to any of the following:
(1) Any liability or cost with respect to any matter in which the officer, employee or appointee is adjudged to be guilty of a criminal act;
(2) Any liability or judgment against an officer, employee or appointee which is payable to the city itself or where the city was injured and the individual either obtained personal benefit or financial gain as a result of his or her wrongful conduct;
(3) Any liability or cost incurred as a result of a city initiated or approved investigation into the misconduct of the officer, employee or appointee;
(4) Any liability or cost incurred as a result of the officer, employee or appointee’s failure to reasonably cooperate in the defense of such claim, action, suit or proceeding;
(5) Any liability excluded by written waiver from the officer, employee or appointee.
(B) The foregoing rights of indemnification shall be in addition to any other right which such officer, employee or appointee may otherwise be entitled as a matter of law under state statute or city ordinance. (Ord. 1316, passed 11-2-99)

30.99 Penalty.

Any person, firm or corporation violating any provision in this title, for which another penalty is not provided, shall for a first conviction be fined not less than $25 nor more than $750, for a second conviction within one year thereafter, the person, firm or corporation shall be fined not less than $100 nor more than $750 and for a third or subsequent conviction within one year after the first conviction, the person, firm or corporation shall be fined not less than $250 nor more than $750. A separate offense shall be deemed committed on each day during or which a violation occurs or continues. (Ord. 1574, passed 7-15-03)