Title III ADMINISTRATION
Chapter 32 APPOINTED OFFICERS*
*Notes to Chapter 32
Article 1. Attorney
32.01 Creation of office--Appointment.
32.02 Special counsel.
32.03 Suits and actions.
32.04 Judgments.
32.05 Advice.
32.06 Special assessments.
Article 2.Building Inspector*
*Note to Article 2
32.10 Position created.
32.11 Powers and duties.
32.12 Appointment.
32.13 Compensation.
Article 3.Collector
32.15 Creation of office--Appointment.
32.16 Duties.
32.17 Bond.
32.18 Reports.
Article 4.Superintendent of Streets And Sewers
32.25 Office created.
32.26 Duties.
32.27 Reports.
32.28 Ordinances.
Article 5.Superintendent of Waterworks
32.35 Superintendent.
32.36 Superintendence over waterworks.
32.37 Enforcement of ordinances.
Article 6.Plumbing Inspector
32.45 Appointment.
32.46 Duties.
32.47 Compensation.
Article 7.City Engineer
32.60 Office created.
32.61 Qualifications.
32.62 Employment.
32.63 Compensation and terms of employment.
32.64 Removal from office.
32.65 Powers and duties.
Article 8.City Administrator
32.100 Office created.
32.101 Qualifications.
32.102 Appointment.
32.103 Compensation and terms of appointment.
32.104 Removal of the administrator from office.
32.105 Powers and duties.
32.106 Acting administrator.
32.107 Communication.
32.108 Authority of other officers.
Article 9. City Treasurer
32.115 Appointment.
32.116 Bond.
32.117 General duties.
32.118 Deposit of funds.
32.119 Records.
32.120 Accounts.
32.121 Reports.
32.122 Register of warrants.
Article 10. Assistant City Administrator
32.123 Position created.
32.124 Exempt status--Qualifications.
32.125 Compensation--Benefits.
32.126 Duties.
32.127 Acting administrator.
Article 11. Finance Director
32.130 Creation of office—Appointment.
32.131 Qualifications.
32.132 Bond.
32.133 Compensation and terms of appointment.
32.134 Removal from office.
32.135 Powers and duties.
Article 12. Deputy Clerk
32.140 Office created.
32.141 Appointment.
32.142 Number of deputy clerks.
32.143 Compensation.
32.144 Removal from office.
32.145 Powers and duties.
*Notes to Chapter 32
*Cross reference: Animal control officer, see Sections 90.35 through
90.37.
Article 1. Attorney
32.01 Creation of office--Appointment.
There is created the office of city attorney, an executive office of the
city. The attorney shall be appointed by the mayor. (‘69 Code, §
32.001)
32.02 Special counsel.
The mayor may from time to time retain an attorney to represent or advise
the city on legal matters if no city attorney has been appointed. He may
likewise retain special counsel to advise or represent the city on special
matters or to assist the city attorney. (‘69 Code, §
32.005)
32.03 Suits and actions.
The attorney shall prosecute or defend any and all suits or actions at law
or equity to which the city may be a party, in which it may be interested, or
which may be brought against or by any officer of the city on behalf of the city
or in the capacity of such person as an officer of the city. (‘69 Code,
§ 32.010)
32.04 Judgments.
It shall be the duty of the attorney to see to the full enforcement of all
judgments or decrees rendered or entered in favor of the city, and of all
similar interlocutory orders. (1942 Code, § 46)
32.05 Advice.
The attorney shall be the legal advisor of the municipality and shall
render advice on all legal questions affecting the city whenever requested to do
so by any city official. Upon request by the mayor or by the city council he
shall reduce any such opinion to writing. (‘69 Code, §
32.020)
32.06 Special assessments.
It shall be the duty of the attorney to see to the completion of all
special assessment proceedings and condemnation proceedings. (‘69 Code,
§ 32.025)
Article 2.Building Inspector*
*Note to Article 2
*Prior history: 1969 Code §§ 32.050--32.065.
32.10 Position created.
The position of building inspector is created subject to the provisions of
the ordinance codified in Sections 32.10--32.13. (Ord. 1332, passed
6-20-00)
32.11 Powers and duties.
(A) The building inspector shall receive general direction and supervision
from the city administrator.
(B) The building inspector shall provide
general direction and supervision to the electrical inspector and plumbing
inspector. If qualified and capable, the building inspector shall perform the
duties of said positions at the request of the city administrator.
(C) The
building inspector shall be responsible for securing compliance with building
and zoning codes and related regulations, implementing procedures and policies
for the building department, including inspecting the construction of buildings,
additions, and alterations to ensure compliance with said codes and
regulations.
(D) The building inspector shall be responsible for
implementing and maintaining the building permit program. He/she shall review
requests and issue building and occupancy permits as appropriate.
(E) The
building inspector may confer with contractors and property owners and assist
them in altering construction plans to meet established standards.
(F) In
addition, other duties shall include, but are not limited to the
following:
(1) Interpreting regulations and codes to builders and property
owners;
(2) Recommending and proposing amendments to the city’s
building code to achieve compliance with legislative and technical
changes;
(3) Inspecting building construction sites or buildings for code
compliance relating to structural adequacy and safety of all facilities
including alterations and problem conditions;
(4) Assisting in court
proceedings to enforce city ordinances;
(5) Inspecting new businesses and
other occupancies to verify compliance with all related codes or regulations. To
order the discontinuance of illegal uses;
(6) Assisting in the maintenance
of all zoning records, including master zoning maps, amendments, special use
permits, variances and appeals;
(7) Acting as a technical advisor to various
city committees, boards and officials on matters relating to building codes,
ordinances, or other regulations;
(8) Performing other tasks that may be
directed by the city administrator. (Ord. 1332, passed 6-20-00; Am. Ord. 1628,
passed 4-20-04)
32.12 Appointment.
The building inspector shall be employed under terms of which shall be
agreed upon by both the inspector and the majority of the corporate authorities
of the city. The inspector may not be employed by any other governmental body or
business during the period of the inspector’s employment. (Ord. 1333,
passed 8-15-00)
32.13 Compensation.
The rate of compensation of the building inspector shall be set by the
city council and may be adjusted from time to time as the city council deems
appropriate. (Ord. 1333, passed 8-15-00)
Article 3.Collector
32.15 Creation of office--Appointment.
(A) There is created the office of city collector, an executive office of
the city.
(B) The collector shall be appointed by the mayor. (‘69
Code, §§ 32.100, 32.105)
32.16 Duties.
It shall be the duty of the collector to collect and receive all money due
on special assessments and special taxes that are not paid directly to the
treasurer, to collect and receive water tax fees and sewer charges, and to keep
records pertaining to the collections as may be required by statute or
ordinance. (‘69 Code, § 32.110)
32.17 Bond.
Before entering upon his duties, the collector shall file with the city
clerk a bond in the sum of $10,000 with sureties approved by the council
conditioned to indemnify the city for any loss or liability due to or occasioned
by any act or failure to act on the part of the collector. (‘69 Code,
§ 32.115)
32.18 Reports.
(A) The collector shall make reports regarding delinquent special
assessments as required by statute and shall make a monthly report to the city
council showing what money has been received and the source thereof.
(B) The
collector shall also make an annual report during the last month of the fiscal
year showing all the activities of his office.
(C) The office of city
collector and deputy city clerk may be combined in one person. (‘69 Code,
§ 32.120)
Article 4.Superintendent of Streets And Sewers
32.25 Office created.
There is created the office of superintendent of streets and sewers. The
superintendent of streets and sewers shall be appointed by the mayor. (‘69
Code, § 32.150)
32.26 Duties.
(A) The superintendent of streets and sewers shall be charged with the
duty of superintending the care of the streets generally, the laying out and
widening of the streets, and the repairing of the streets and keeping them clean
and free from obstructions. He shall perform the duties and exercise the powers
under the control of the city council necessary to this work.
(B) He shall
also have the care and supervision of the sewers of the city both as to the
laying of new sewers and repairing the sewer system. He shall supervise
connections with the city sewer system.
(C) He shall have charge of the
collection of garbage and refuse in the city. (‘69 Code, §§
32.155, 32.160)
Cross-reference: Sewage disposal regulations, see Ch. 54; Streets and
sidewalks, see Ch. 92
32.27 Reports.
He shall give a report to the city council each month in relation to his
work as superintendent of streets and sewers and shall give an annual report on
or before the end of each municipal fiscal year. (‘69 Code, §
32.165)
32.28 Ordinances.
(A) The superintendent of streets and sewers shall report to the council
any ordinance violation in relation to the care or use of the streets, alleys,
sidewalks, or sewers of the city of which he may become
cognizant.
(B) Should the office be vacated through resignation or
nonappointment, the duties of the office shall in the interim devolve upon the
council committee or committees having supervision of streets and sewers.
(‘69 Code, § 32.170)
Article 5.Superintendent of Waterworks
32.35 Superintendent.
There is created the office of superintendent of water, an executive
office of the city. He shall be appointed by the mayor. He shall be the head of
the water department and responsible for the efficient management thereof.
(‘69 Code, §§ 32.200, 32.205)
32.36 Superintendence over waterworks.
He shall be the head of the city waterworks and shall have the care and
custody of the water supply system and all equipment, pipes, and machinery
pertaining thereto, and shall be responsible for the care of such property and
for the efficient management of the waterworks system. (‘69 Code, §
32.210)
32.37 Enforcement of ordinances.
The superintendent of water and all officers and employees of the water
department shall be charged with and see to the enforcement of all ordinance
provisions relating to the water system where no provision to the contrary is
made. (‘69 Code, § 32.215)
Cross-reference: Water regulations, see Title V.
Article 6.Plumbing Inspector
32.45 Appointment.
There is created the office of plumbing inspector, who shall be appointed
by the mayor. (‘69 Code, § 32.250)
32.46 Duties.
It shall be the duty of the plumbing inspector to examine and approve or
disapprove all plumbing installations. Where the same conform to the provisions
of this code the inspector shall approve the installations. (‘69 Code,
§ 32.255)
32.47 Compensation.
The plumbing inspector shall receive a regular salary as determined by the
city council, or shall for his services be entitled to retain as determined by
the city council the amount or percentage of the inspection fee for each
installation examined, $20 per (or 50% of the) inspection, with no less than
$1,000 per quarter and the remaining to be paid to the city collector.
(‘69 Code, § 32.260; Am. Ord. 1398, 12-18-01; Am. Ord. 1647, passed
10-19-04)
Article 7.City Engineer
32.60 Office created.
The office of city engineer is hereby created subject to the provisions of
this article. (Ord. 07-12-04-03, passed 12-4-07)
32.61 Qualifications.
The city engineer shall be appointed by the mayor upon the advice and
consent of the city council on the basis of professional qualifications, with
special reference to specific education for, actual experience in and knowledge
of accepted practices in the field of civil engineering and the duties of the
office as specified below. The appointment shall be made without consideration
of the candidate’s race, sex, politics or religious beliefs. The person
appointed to this office need not be a resident of the city or of the state at
the time of appointment, provided, however, that such person shall establish
residency within 25 miles of the city within 120 days after the appointment.
(Ord. 07-12-04-03, passed 12-4-07)
32.62 Employment.
The city engineer shall be an exempt full-time employee of the city. The
city engineer shall be employed by contract, the terms of which shall be agreed
upon by both the engineer and a majority of the corporate authorities of the
city. The engineer shall not be otherwise employed. (Ord. 07-12-04-03, passed
12-4-07)
32.63 Compensation and terms of employment.
Subject to the terms and conditions of state and federal law and this
article, the city council and the engineer shall enter into an employment
contract which specifies the level of compensation and other terms of the
engineer’s employment. (Ord. 07-12-04-03, passed 12-4-07)
32.64 Removal from office.
Unless otherwise provided in a written contract of employment, the city
engineer may be suspended or removed from office by a resolution approved by the
city council which shall set forth the reasons for suspension or proposed
removal. A copy of such resolution shall be served immediately upon the city
engineer. If removal is sought, the engineer shall have 15 days in which to
reply thereto in writing and, upon request, shall be afforded a public hearing
which shall occur not earlier than 10 days nor later than 15 days after such
hearing is requested. After the public hearing, if one is requested, and after
full consideration, the city council by a majority vote of its total membership
may adopt a final resolution of removal. The city engineer shall continue to
receive full salary until the effective date of a final resolution of removal.
(Ord. 07-12-04-03, passed 12-4-07)
32.65 Powers and duties.
The city engineer shall be responsible to the mayor and city council for
the proper administration of all affairs of the city. In discharging this
responsibility, the city engineer shall:
(A) Advise the mayor and city
council with respect to professional engineering matters when
requested.
(B) Make current corrections to the city map, comprehensive plan
map and the zoning map.
(C) Render professional engineering advice to the
various committees, boards and commissions of the city as required by law or as
authorized by the mayor and city council.
(D) Fulfill his or her duties and
responsibilities on a full-time basis and not assume outside responsibilities
involving remuneration and/or time away from his or her job without the express
written consent of the corporate authorities; and
(E) Perform such other
duties as may be specified by law or city ordinance or as may from time to time
be assigned by the corporate authorities. (Ord. 07-12-04-03, passed
12-4-07)
Article 8.City Administrator
32.100 Office created.
The office of city administrator is hereby created subject to the
provisions of the ordinance codified in Sections 32.100-32.108. (Ord. 1330,
passed 5-16-00)
32.101 Qualifications.
The city administrator shall be appointed by the mayor upon the advice and
consent of the city council on the basis of executive and administrative
qualifications, with special reference to specific professional education for,
actual experience in, and knowledge of accepted practices in the administration
of local government and the duties of the office as specified below. The
appointment shall be made without consideration of the candidate’s race,
sex, politics, or religious beliefs. The person appointed to this office need
not be a resident of the city or of the state at the time of appointment
provided, however, that such person shall establish residency within 25 miles of
the city within 120 days after the appointment. Neither the mayor nor any member
of the city council shall receive such appointment during their term of office
or within two years after the expiration of that term. (Ord. 1330, passed
5-16-00)
32.102 Appointment.
The city administrator shall be employed by contract, the terms of which
shall be agreed upon by both the administrator and a majority of the corporate
authorities of the city. The administrator shall not be otherwise employed.
(Ord. 1330, passed 5-16-00)
32.103 Compensation and terms of appointment.
The city administrator shall be compensated in an amount to be set by the
city council and may be adjusted from time to time as the city council deems
appropriate. Subject to the terms and conditions of state law and this section,
the city council and the administrator shall enter into an employment contract
which specifies the level of compensation and other terms of the
administrator’s employment. (Ord. 1330, passed 5-16-00)
32.104 Removal of the administrator from office.
Unless otherwise provided in a written contract of employment, the city
administrator may be suspended or removed from office by a resolution approved
by the city council which shall set forth the reasons for suspension and
proposed removal. A copy of such resolution shall be served immediately upon the
city administrator. The administrator shall have 15 days in which to reply
thereto in writing and, upon request, shall be afforded a public hearing which
shall occur not earlier than 10 days nor later than 15 days after such hearing
is requested. After the public hearing, if one is requested, and after full
consideration, the city council by a majority vote of its total membership may
adopt a final resolution of removal. The city administrator shall continue to
receive full salary until the effective date of a final resolution of removal.
(Ord. 1330, passed 5-16-00)
32.105 Powers and duties.
The city administrator shall be responsible to the mayor and city council
for the proper administration of all affairs of the city. In discharging this
responsibility, the city administrator shall:
(A) Direct, supervise, and
coordinate the administration of all departments, offices, and agencies of the
city, excluding the police department and except as otherwise provided by
law;
(B) Remit, screen and evaluate all candidates for employment with the
city and recommend the appointment, suspension or removal of any city employee
or appointed administrative officer. The city administrator shall be responsible
to the mayor and city council for the supervision of all departments with the
exception of the technical supervision of the police department, which shall be
provided by the police chief;
(C) Act as city council designee on any
grievance procedures as outlined in the current labor agreement, excluding the
procedure for the police department grievances;
(D) Prepare the agenda for
and attend all city council meetings and such other meetings as directed by the
mayor. The city administrator shall have the right to take part in all
discussions, but shall not vote;
(E) Provide for the enforcement of all laws
and ordinances within the city;
(F) In cooperation with the city clerk, the
city treasurer and the financial officer, provide the necessary information
concerning estimated funds to be available to the city and necessary costs to be
defrayed by the city for each fiscal year, and present such matters to the city
council prior to the preparation of the annual appropriations ordinance, and
after discussion thereof, in cooperation with the city clerk, the city treasurer
and the financial officer, prepare a summation of the estimated funds and
expenses of the city for the next fiscal year for the preparation of the annual
appropriations ordinance;
(G) Prepare the annual budget, with the advice of
the finance committee, and submit it to the city council not later than the
first meeting of the city council in March of each year, together with a
description of any important features and responsibilities for its
administration or adoption;
(H) Keep the city council fully advised as to
the present financial condition and future needs of the city;
(I) Advise the
city council on pending decisions of public policy and recommend to the city
council the adoption of such measures as the administrator may deem necessary or
expedient for the health, safety and welfare of the community or for the
improvement of administrative services;
(J) Be responsible for procurement
of commodities and services for all city departments, offices, and agencies, and
promulgate purchasing rules which shall be followed by city employees in the
procurement of goods and services;
(K) Propose to the city council such
personnel rules and regulation as the administrator deems necessary to manage
the personnel policies of the city and recommend to the city council, salaries
of all department heads of the city on an annual basis;
(L) With the
assistance of the city attorney, be responsible for the conduct of all
collective bargaining processes of the city, and recommend to the city council
collective bargaining agreements for consideration and possible final approval
by the council. The city administrator shall be responsible for administering
all employee organization contracts reached through the collective bargaining
process;
(M) Provide staff support services for the mayor and the city
council, as well as the city’s various committees and
commissions;
(N) Research and review funds that may be available to the city
through federal, state, or private agencies, and bring such matters to the
attention of the city council;
(O) Make, in the ordinary course of business,
any and all purchases of materials and supplies reasonably necessary for the day
to day operation of the city, as generally provided for in the annual
appropriation ordinance, provided that any purchases in excess of $2,500 shall
not be made until after first procuring the approval of the city council, and
included therewith in any purchase, comply with applicable statutes and
ordinances providing for, among other things, the solicitation and publication
for bids, and to actively seek the lowest and best price for the city
considering service, quality, availability and price;
(P) Make reports and
anticipate future needs of the city based upon growth, deterioration of existing
facilities, or modern techniques, and work with the city planning and zoning
commission with respect to the desired growth and expansion of the
city;
(Q) Investigate all complaints relating the administration of the city
government, and make a report of the same to the city council;
(R) Keep a
correct and accurate list of all equipment, property and supplies owned and
operated by the city and charge the head of each department with the duty to
file a correct and accurate list of the machinery, property and supplies under
the control of such department head, and cause the department head to be
responsible for such equipment and to make an accounting of such equipment,
supplies and property upon the removal or resignation of such department head,
and provide the city council with an annual report of all such property,
equipment and supplies and provide for the orderly replacement of machinery,
equipment and supplies as may from time to time be necessary;
(S) When the
city council has made a decision to consider expending funds and bidding is
required or is deemed to be in the best interests of the city, the
administrator, in consultation with the department heads and the pertinent city
council committee, shall develop specifications, solicit bids, receive and
review bids, and make a recommendation for acceptance by the city council. This
process does not preclude the assistance by professionals. The employment of
such professional assistance must be approved by the council;
(T) Recommend
that the city invest surplus monies at such times and in such amounts as the
administrator sees fit, within accordance with state laws and city policies. The
administrator shall see that appropriate records of investments are maintained
and report monthly all investment activities to the council;
(U) Oversee the
day-to-day operation of the city while promoting a cooperative atmosphere
between and among all employees;
(V) Provide leadership in the formulation
of short-range and long-range plans and implement those plans once accepted by
the corporate authorities. The administrator shall annually present to the city
council a “state of the city” report in which the future plans for
Wilmington are expressed;
(W) Be ever-mindful of the necessity for positive
public relations and shall be continually engaged in a program of presenting the
best image of the city. It shall be the duty of the city administrator to create
and maintain a cooperative working relationship with other governmental bodies
and community organizations including those involving economic
development;
(X) Fulfill his duties and responsibilities on a full-time
basis and not assume outside responsibilities involving remuneration and/or time
away from his job without the expressed consent of the corporate
authorities;
(Y) Make such other reports and perform such other duties as
may be specified by law or city ordinance or as may from time to time be
assigned by the corporate authorities. (Ord. 1330, passed 5-16-00)
32.106 Acting administrator.
If, because of a temporary absence, disability, or illness, the city
administrator is unable to carry out the functions of this office, the mayor and
city council may appoint an individual to serve as acting
administrator and
carry out the duties of the administrator during the administrator’s
absence. (Ord. 1330, passed 5-16-00)
32.107 Communication.
Except for purposes of inquiry and to keep the corporate authorities
properly informed, and except in cases of the absence or disability of the city
administrator, the corporate authorities of the city shall deal with the
city’s various administrative and service personnel through the city
administrator, unless otherwise authorized by the city council. No city council
member shall give directions or orders to any city employee except in the
absence of the city administrator or during emergencies. (Ord. 1330, passed
5-16-00)
32.108 Authority of other officers.
Nothing in Sections 32.100 through 32.108 shall be deemed to diminish or
detract from the statutory powers and authority of the city’s elected
officers. (Ord. 1330, passed 5-16-00)
Article 9. City Treasurer
32.115 Appointment.
The city treasurer shall be appointed by the mayor, subject to the advice
and consent of the city council. (Ord. 1657, passed 1-18-05)
32.116 Bond.
The treasurer shall give bond in such sum as may be required by the city
council, but the bond shall not be less than the amount of the estimated
revenues and special assessments of the city for the current year, with sureties
to be approved by the city council. The bond shall be conditioned upon the
faithful performance by the treasurer of his duties of office and to indemnify
the city for any loss due to any neglect of duty or wrongful act on the part of
the treasurer. (‘69 Code, § 31.255; Am. Ord. 1657, passed
1-18-05)
32.117 General duties.
The treasurer shall perform such duties as may be prescribed for him by
statute or by ordinance. He shall receive all money paid in to the city, either
directly from the person paying it or from the hands of such other officer as
may receive it. He shall pay out money only on vouchers or orders properly
signed by the city clerk and the mayor. (‘69 Code, § 31.260; Am. Ord.
1657, passed 1-18-05)
32.118 Deposit of funds.
He shall deposit the city funds in such depositories as may be selected
from time to time as provided by law. He shall keep the city money separate and
distinct from his own and shall not intermingle his own money with it or make
private or personal use of the city funds. (‘69 Code, § 31.265;
Am. Ord. 1657, passed 1-18-05)
32.119 Records.
The treasurer shall keep records showing all money received by him, the
sources from which it was received, and the purpose for which it was paid out.
He shall keep a record showing the financial status of the city at all times.
(‘69 Code, § 31.270; Am. Ord. 1657, passed 1-18-05)
32.120 Accounts.
The treasurer shall keep such books and accounts as may be required by the
city council, and shall keep them in the manner required by the city council.
(‘69 Code, § 31.275; Am. Ord. 1657, passed 1-18-05)
32.121 Reports.
The treasurer shall make monthly reports to the council showing the state
of the finances of the city and the amounts received and spent during the month,
which reports shall be filed. And he shall make an annual report between May 1
and May 10, with the total amount of all receipts and expenditures of the city
and his transactions as treasurer during the preceding year. (‘69 Code,
§ 31.280; Am. Ord. 1657, passed 1-18-05)
32.122 Register of warrants.
The treasurer shall keep a register of all warrants, bonds, or orders
filed with him or paid by him and all vouchers, as is required by statute.
(‘69 Code, § 31.285; Am. Ord. 1657, passed 1-18-05)
Article 10. Assistant City Administrator
32.123 Position created.
The position of assistant city administrator is hereby created subject to
the provisions of the ordinance codified in this article. (Ord. 06-12-19-01,
passed 12-19-06)
32.124 Exempt status--Qualifications.
The assistant city administrator shall be an exempt full-time employee of
the city hired on the basis of administrative qualifications, with special
reference to experience in, and knowledge of accepted practices in the
administration of local government. The assistant city administrator shall be
hired without consideration of the candidate’s race, sex, politics, or
religious beliefs. The person selected for the position need not be a resident
of the city of Wilmington. (Ord. 06-12-19-01, passed 12-19-06)
32.125 Compensation--Benefits.
The assistant city administrator shall be compensated in an amount to be
set by the city council and may be adjusted from time to time as the city
council deems appropriate. The assistant city administrator shall receive the
same benefits provided to all other exempt full-time city employees. (Ord.
06-12-19-01, passed 12-19-06)
32.126 Duties.
The assistant city administrator shall report to the city administrator
and shall perform those duties as may be assigned from time to time by the city
administrator. (Ord. 06-12-19-01, passed 12-19-06)
32.127 Acting administrator.
If, because of a temporary absence, disability, or illness, the city
administrator is unable to carry out the functions of his/her office, the
assistant city administrator shall serve as acting administrator and carry out
the duties of the administrator during the administrator’s absence. (Ord.
06-12-19-01, passed 12-19-06)
Article 11. Finance Director
32.130 Creation of office—Appointment.
There is created the office of city finance director, an executive office
of the city. The finance director shall be appointed by the mayor and may
concurrently serve as city collector and/or city treasurer. (Ord. 07-01-02-01,
passed 1-2-07)
32.131 Qualifications.
(A) The finance director shall be a graduate of a regionally accredited
college or university with a four-year degree in accounting, finance, business
or public administration, or a closely related field.
(B) The finance
director shall possess considerable knowledge of modern governmental practices
in the areas of accounting theory, principles and practices; internal control
procedures; public finance and fiscal planning; computerized financial packages
and applications; budgeting practices and procedures; and debt management and
bonded debt issues.
(C) The finance director shall possess the ability to
prepare, analyze and explain complex financial reports; the ability to establish
and maintain effective working relationships with employees, city officials,
external consultants and the public; and the ability to effectively supervise
staff and have a working knowledge of personnel policies and procedures. (Ord.
07-01-02-01, passed 1-2-07)
32.132 Bond.
The finance director shall file with the city clerk a bond in such sum as
may be required by the city council, but the bond shall not be less than the
amount of the estimated revenues and special assessments of the city for the
current year, with sureties to be approved by the city council. The bond shall
be conditioned upon the faithful performance by the finance director of his or
her duties of office and shall indemnify the city for any loss due to any
neglect of duty or wrongful act on the part of the finance director. (Ord.
07-01-02-01, passed 1-2-07)
32.133 Compensation and terms of appointment.
The finance director shall be compensated in an amount to be set by the
city council and may be adjusted from time to time as the city council deems
appropriate. Subject to the terms and conditions of state law and this section,
the city council and the finance director shall enter into an employment
contract which specifies the level of compensation and other terms of
employment. (Ord. 07-01-02-01, passed 1-2-07)
32.134 Removal from office.
Unless otherwise provided in a written contract of employment, the finance
director may be suspended or removed from office by a resolution approved by the
city council which shall set forth the reasons for suspension and proposed
removal. A copy of such resolution shall be served immediately upon the finance
director. The finance director shall have 15 days in which to reply thereto in
writing and, upon request, shall be afforded a public hearing which shall occur
not earlier than 10 days nor later than 15 days after such hearing is requested.
After the public hearing, if one is requested, and after full consideration, the
city council by a majority vote of its total membership may adopt a final
resolution of removal. The finance director shall continue to receive full
salary until the effective date of a final resolution of removal. (Ord.
07-01-02-01, passed 1-2-07)
32.135 Powers and duties.
Under general policy direction and supervision of the city administrator,
the finance director performs and/or supervises professional, supervisory,
administrative and technical accounting and finance functions necessary to
maintain the accounting and financial records and systems of the city. Specific
powers and duties include but are not limited to:
(A) Preparing all annual
and interim financial statements in accordance with Government Finance Officers
Association standards, serving as the principal contact for audit field works
and conducting year-end close activities.
(B) Creating the annual operating
budget of the city.
(C) Managing payroll, benefits administration, human
resources record-keeping and city insurance programs.
(D) Managing all grant
accounting.
(E) Managing capital outlay purchases and major capital
improvements.
(F) Managing all day-to-day banking and treasury relations and
performing internal audits and analyses of all accounts, procedures and
operations.
(G) Preparing reports of investment earnings, including
accounting, administration and performance for operational investments and
pension funds.
(H) Managing city administration center computer systems and
maintaining all financial software packages.
(I) Producing and monitoring
all finance department functions and procedures.
(J) Supervising, directing
and evaluating all city fiscal and clerical staff and supervising outside
individuals and firms performing any accounting and/or financial functions on
behalf of the city.
(K) Advising the city administrator, other department
supervisors and elected and appointed officials regarding accounting and
financial issues.
(L) Conducting the trailer park rental program, including
rent collection and related tasks.
(M) Maintaining contractor and business
registration programs.
(N) Tracking and balancing motor fuel tax (MFT)
transactions.
(O) Overseeing customer service activities, including bill
payments, permits applications and related tasks. (Ord. 07-01-02-01, passed
1-2-07)
Article 12. Deputy Clerk
32.140 Office created.
The office of deputy clerk is hereby created subject to the provisions of
this article. (Ord. 08-02-06-02, passed 2-6-08)
32.141 Appointment.
The deputy clerk shall be appointed by the city clerk upon the advice and
consent of the corporate authorities. The appointment shall be made without
consideration of the candidate’s race, sex, politics or religious beliefs.
The person appointed to this office need not be a resident of the city. (Ord.
08-02-06-02, passed 2-6-08)
32.142 Number of deputy clerks.
The city clerk shall appoint no more than one (1) deputy clerk. (Ord.
08-02-06-02, passed 2-6-08)
32.143 Compensation.
The deputy clerk shall be paid a salary to be determined by the corporate
authorities, but in no event shall it exceed the annual salary of the city
clerk. (Ord. 08-02-06-02, passed 2-6-08)
32.144 Removal from office.
The deputy clerk may be suspended or removed from office by a resolution
approved by the city council which shall set forth the reasons for suspension or
proposed removal. A copy of such resolution shall be served immediately upon the
deputy clerk. If removal is sought, the deputy clerk shall have 15 days in which
to reply thereto in writing and, upon request, shall be afforded a public
hearing which shall occur not earlier than 10 days nor later than 15 days after
such hearing is requested. After the public hearing, if one is requested, and
after full consideration, the city council by a majority vote of its total
membership may adopt a final resolution of removal. The deputy clerk shall
continue to receive full salary until the effective date of a final resolution
of removal. (Ord. 08-02-06-02, passed 2-6-08)
32.145 Powers and duties.
The deputy clerk shall be responsible for assisting in the discharge of
the functions and duties of the city clerk as set forth under city ordinances.
In addition, the deputy clerk shall comply with the provisions of Section
3.1-35-95 of the Illinois Municipal Code (65 ILCS 5/3.1-35-95). (Ord.
08-02-06-02, passed 2-6-08)
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