(65 ILCS 5/Art. 5 heading)
(65 ILCS 5/Art. 5 Div. 1 heading)
(65 ILCS 5/5-1-1) (from Ch. 24, par. 5-1-1)
Sec. 5-1-1.
All cities and villages with less than 500,000 inhabitants,
which are treated as properly incorporated, or which hereafter are
incorporated under this Code, in addition to all the rights, powers, and
authority conferred upon them elsewhere in this Code, shall have the
rights, powers and authority conferred in this Article 5, by proceeding as
provided in Section 5-1-4. For convenience this Article 5 is designated
"The Managerial Form of Municipal Government".
(Source: Laws 1963, p. 857.)
(65 ILCS 5/5-1-2) (from Ch. 24, par. 5-1-2)
Sec. 5-1-2.
Upon this Article 5 becoming effective in any city or
village, that city or village and its officers shall be vested with all the
rights, privileges, powers and immunities conferred by Article 3 or 4, as
the case may be, in force at the time such city or village adopted this
Article 5, including the procedures for elections therein described, the
officers therein named and the duties and liabilities therein set forth,
except as modified by this Article 5.
After this Article 5 becomes effective in any city or village which was
operating under Article 4 at the time of adoption of this Article 5, the
provisions of Section 4-5-13 relating to filing certain ordinances for
public inspection shall no longer apply in such city or village.
(Source: Laws 1967, p. 2332.)
(65 ILCS 5/5-1-3) (from Ch. 24, par. 5-1-3)
Sec. 5-1-3.
The rights, privileges, powers and immunities contained in
Articles 3 and 4 which are applicable to cities and villages operating
under this Article 5, as provided in Section 5-1-2, are modified by the
provisions of this Article 5 found in Sections 5-1-2, 5-2-3, 5-2-12 and
5-2-19.
However, if any modifications appear in any other section of this
Article 5, this section shall not operate to restrict or render void such
modification because the sections containing such modifications are omitted
from the listing of sections in this Section 5-1-3.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/5-1-4) (from Ch. 24, par. 5-1-4)
Sec. 5-1-4. Procedure for adopting managerial form of government.
(a) Cities and villages described in Section 5-1-1, in order
to vest themselves with the managerial form of municipal government,
shall act in accordance with the procedure provided in Sections 5-1-4
through 5-1-11 unless modified elsewhere in this Article 5. In cities
that are operating under Section 3.1-20-10 and
villages operating under
Section 3.1-25-75 at the time of the adoption of this Article 5,
the forms
of petition and ballot prescribed in Sections 5-1-5 and 5-1-7 may at the
option of the petitioners be modified to contain the following
additional proposition:
(b) In any city operating under Section 3.1-20-10 at
the time of adoption of
this Article 5, at the option of the petitioners and in addition to the
optional proposition provided for in subsection (a), the forms
of petition and ballot prescribed in Sections 5-1-6 and 5-1-8 may be
further modified to contain the following additional proposition:
(c) If 2 or more forms of petition allowed under this
Section are presented to the chief judge of the circuit court or
any judge of that circuit designated by the chief judge, the judge shall
cause only the question or questions contained in the first petition so
presented to be submitted to referendum, if he or she finds
that the petition
is in proper form and legally sufficient.
(d) If a majority of the electors voting on the proposition
vote to adopt
the managerial form of municipal government, then this Article 5 shall
become effective in the city or village upon the date of the next
general municipal election at which any corporate authority is elected. The operation of the managerial form of municipal government,
for purposes of voting on the question to abandon set out in Section
5-5-1, however, shall not be deemed to begin until a manager is appointed.
(e) The city council or board of trustees of a city or village
that adopts the
provisions of this Article 5 under this Section may, if it so
desires, by the adoption of an ordinance immediately after the
adoption
of this Article 5 has been proclaimed, appoint a city or village
manager and reorganize
the administration of the municipality in conformance with this Article 5. This
Article 5,
except as
to the membership of the council in cities or villages in which representation
by wards or
districts has not been retained, shall be in effect upon the
proclamation of the results of the adopting referendum.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/5-1-5) (from Ch. 24, par. 5-1-5)
Sec. 5-1-5.
Electors of any city or village specified in Section
5-1-1, equal in number to 1/10 the number of votes cast for all
candidates for mayor or president at the last preceding municipal
election for such officer, may petition the Chief Judge of the Circuit Court,
or any judge of that Circuit designated by the Chief Judge, in which that
city or village specified in Section 5-1-1 is located to
cause to be submitted to a vote of the electors of that city or village
specified in Section 5-1-1 the proposition whether this Article 5 shall
be adopted.
Upon submission of such petition the court shall set a date not less
than 10 nor more than 30 days thereafter for a hearing on the
sufficiency thereof. Notice of the filing of such petition and of such
date shall be given in writing to the city or village clerk and to the
mayor or village president at least 7 days before the date of such
hearing.
If such petition is found sufficient the court shall enter an order to submit
that
proposition at an election.
However, the referendum on the proposition shall not be held on the date of
the general primary election for the municipality.
The clerk of the circuit court shall certify the court's order and the
proposition for submission.
A proposal to adopt this Article 5 may also be initiated and
submitted to the voters in the same manner as is provided in this
Section by the adoption of an ordinance by the corporate authorities.
(Source: P.A. 81-1489.)
(65 ILCS 5/5-1-6) (from Ch. 24, par. 5-1-6)
Sec. 5-1-6.
The petition provided in Section 5-1-5 shall be
substantially in the following form: To the Circuit Court of the county
of (name of county):
We, the undersigned electors of the city (or village) of (name of
city or village), respectfully petition your honor to submit to a vote
of the electors of (name of city or village), the following proposition:
Shall the city (or village) of.... adopt the managerial form of
municipal government?
(Source: P.A. 81-1489.)
(65 ILCS 5/5-1-8) (from Ch. 24, par. 5-1-8)
Sec. 5-1-8.
The proposition shall be in substantially the following form:
--------------------------------------------------------------
Shall the city (or village) YES
of.... adopt the managerial ----------------------------
form of municipal government? NO
--------------------------------------------------------------
If a majority of the electors voting upon this proposition vote yes,
this Article 5 is adopted in that city or village. Thereupon, the mayor
or president shall immediately issue a proclamation declaring this
article in force. Thenceforth this Article 5 shall be in effect in that
city or village. However, the operation of the managerial form of
municipal government, for purposes of voting on the question to abandon
set out in Section 5-5-1, shall not be deemed to begin until a manager
is appointed.
If a majority of the electors voting upon this proposition vote no,
the proposition shall not be submitted again in that city or village for
22 months.
(Source: P.A. 81-1489.)
(65 ILCS 5/5-1-9) (from Ch. 24, par. 5-1-9)
Sec. 5-1-9.
A certified copy of the canvass of the votes on the proposition
specified in Section 5-1-5, made by the proper officers of the election,
shall be transmitted to the city or village clerk, and to the clerk of the
court, and by each transcribed upon the records of his office.
(Source: Laws 1967, p. 3740.)
(65 ILCS 5/5-1-10) (from Ch. 24, par. 5-1-10)
Sec. 5-1-10.
If the managerial form of municipal government is adopted, the
mayor or president immediately shall transmit a certificate so stating to
(1) the Secretary of State, (2) the clerk of the court, and (3) the county
recorder. These officers shall file this certificate in their respective
offices and transcribe it upon the records thereof.
(Source: Laws 1967, p. 3740.)
(65 ILCS 5/5-1-11) (from Ch. 24, par. 5-1-11)
Sec. 5-1-11.
The failure of the officers named in Sections 5-1-6 through
5-1-9 to perform the duties and acts imposed upon them by those sections,
shall neither invalidate nor prevent the adoption of this Article 5.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/5-1-12) (from Ch. 24, par. 5-1-12)
Sec. 5-1-12.
All courts shall take judicial notice of the adoption of this
Article 5 by all cities and villages adopting it.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/5-1-13) (from Ch. 24, par. 5-1-13)
Sec. 5-1-13.
When any city or village has not adopted this Article 5
and desires to vote to adopt Article 4 as provided in Sections 4-2-2
through 4-2-9 and also desires to vote on adoption of this Article 5
upon compliance with the provisions thereof, both propositions may be
submitted at the same election, and may be printed on the same ballot,
but each proposition shall be stated separately. The proposition
receiving the larger majority shall be adopted.
(Source: P.A. 81-1489.)
(65 ILCS 5/5-1-14) (from Ch. 24, par. 5-1-14)
Sec. 5-1-14.
Any city or village which has heretofore adopted the
managerial form of municipal government and is functioning under that form
of government immediately prior to January 1, 1942 shall be treated as
having adopted this Article 5.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/5-1-15) (from Ch. 24, par. 5-1-15)
Sec. 5-1-15.
Any city or village which adopts the managerial form of
municipal government as provided in Article 7 thereby adopts this Article
5. In case of conflict between Articles 5 and 7, Article 7 governs.
(Source: Laws 1965, p. 1267.)
(65 ILCS 5/Art. 5 Div. 2 heading)
(65 ILCS 5/5-2-1) (from Ch. 24, par. 5-2-1)
Sec. 5-2-1.
If a city or village adopts the managerial form of municipal
government and also elects to choose alderpersons or trustees, as the case may
be, from wards or districts, then the city council shall be constituted as
provided in Sections 5-2-2 through 5-2-10 and the village board shall be
constituted as provided in Section 5-2-11 and the incumbent alderpersons,
trustees, mayor, president, clerk and treasurer shall continue in office
until expiration of their present terms. If a city has voted to elect only
one alderperson from each ward then no election for a successor for the alderperson
from each ward whose term next expires shall be held, and upon the
expiration of the terms of the alderpersons having the longest time to serve at
the time of adoption of this Article 5 only one successor shall be elected
from each ward. In case a city votes to elect only one alderperson from each
ward, the number of alderpersons prescribed by Section 5-2-2 shall be halved,
for the purposes of this Article 5 and the provisions of Section 5-2-4
prescribing the number of wards shall not apply but such city shall have an
equal number of wards and alderpersons. The mayor of a city and the president
of a village board shall be elected from the city or village at large.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/5-2-2) (from Ch. 24, par. 5-2-2)
Sec. 5-2-2. Except as otherwise provided in Section 5-2-3, the number of alderpersons, when not elected by the minority representation plan, shall be as
follows: In cities not exceeding 3,000 inhabitants, 6 alderpersons; exceeding
3,000, but not exceeding 15,000, 8 alderpersons; exceeding 15,000 but not
exceeding 20,000, 10 alderpersons; exceeding 20,000 but not exceeding 30,000,
14 alderpersons; and 2 additional alderpersons for every 20,000 inhabitants over
30,000. In all cities of less than 500,000, 20 alderpersons shall be the
maximum number permitted except as otherwise provided in the case of alderpersons-at-large. No redistricting shall be required in order to reduce
the number of alderpersons heretofore provided for. Two alderpersons shall be
elected to represent each ward.
If it appears from any census specified in Section 5-2-5 and taken not
earlier than 1940 that any city has the requisite number of inhabitants to
authorize it to increase the number of alderpersons, the city council shall
immediately proceed to redistrict the city in accordance with the
provisions of Section 5-2-5, and it shall hold the next city election in
accordance with the new redistricting. At this election the alderpersons whose
terms of office are not expiring shall be considered alderpersons for the new
wards respectively in which their residences are situated. At this election a candidate for alderperson may be elected from any ward that contains a part of the ward in which he or she resided at least one year next preceding the election that follows the redistricting,
and, if elected, that person may be reelected from the new ward he or she represents if he or she
resides in that ward for at least one year next preceding reelection. If there are 2
or more alderpersons with terms of office not expiring and residing in the same
ward under the new redistricting, the alderperson who holds over for that ward
shall be determined by lot in the presence of the city council, in whatever
manner the council shall direct and all other alderpersons shall fill their
unexpired terms as alderpersons-at-large. The alderpersons-at-large, if any, shall
have the same power and duties as all other alderpersons but upon expiration of
their terms the offices of alderpersons-at-large shall be abolished.
If the redistricting results in one or more wards in which no alderpersons
reside whose terms of office have not expired, 2 alderpersons shall be elected
in accordance with the provisions of Section 5-2-8.
(Source: P.A. 102-15, eff. 6-17-21; 102-687, eff. 12-17-21.)
(65 ILCS 5/5-2-3) (from Ch. 24, par. 5-2-3)
Sec. 5-2-3.
In any city or village of less than 100,000 inhabitants,
a proposition to restrict the number of alderpersons to one-half of the
total authorized by Section 5-2-2, with one alderperson representing each
ward, shall be certified by the municipal clerk to the proper election
authority who shall submit the proposition at an election in accordance
with the general election law, if a petition
requesting such
action is signed by electors of the municipality numbering not less than
10% of the total vote cast at the last election for mayor or president
of the board of trustees of the municipality, and is filed with the city
or village clerk in accordance with the general election law.
The proposition shall be substantially in the
following form:
--------------------------------------------------------------
Shall the City (or Village) of
........ restrict the number of YES
alderpersons to one-half of the total
authorized by Section 5-2-2 of the --------------------------
Illinois Municipal Code, with one NO
alderperson representing each ward?
--------------------------------------------------------------
If a majority of those voting upon the proposition vote in favor of
it, all existing terms of alderpersons shall expire as of the date of the
next regular election of alderpersons, at which time a full complement of alderpersons
shall be elected for the full term.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/5-2-3.1) (from Ch. 24, par. 5-2-3.1)
Sec. 5-2-3.1.
In any municipality in which only one alderperson is elected from each
ward, a proposition to stagger the terms of alderpersons, with as nearly as
possible one-half of the alderpersons elected every 2 years, shall be
certified to the proper election authority who shall submit the proposition
at an election in accordance with the general election law, if a petition
requesting such action is signed
by electors of the municipality numbering at least 10% of the total vote
cast at the last election for mayor or president of the board of
trustees of the municipality and is filed with the municipal clerk.
The proposition shall be substantially in the
following form:
--------------------------------------------------------------
Shall the City (or Village) of YES
............ adopt a system of ----------------------------
staggered terms for alderpersons? NO
--------------------------------------------------------------
If a majority of those voting on the proposition vote in favor of it,
at the next regular election for alderpersons, one alderperson shall be elected
from each even-numbered ward for a term of 2 years, and one alderperson
shall be elected from each odd-numbered ward for a term of 4 years.
Thereafter, their successors shall be elected for terms of 4 years.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/5-2-4) (from Ch. 24, par. 5-2-4)
Sec. 5-2-4.
Except as otherwise provided in Section 5-2-3, every city shall
have one-half as many wards as the total number of alderpersons to which the
city is entitled. The city council, from time to time shall divide the city
into that number of wards. In the formation of wards the population of each
shall be as nearly equal, and the wards shall be of as compact and
contiguous territory, as practicable.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/5-2-5) (from Ch. 24, par. 5-2-5)
Sec. 5-2-5.
Whenever an official publication of any national, state,
school, or city census shows that any city contains more or less wards
than it is entitled to, the city council of the city, by ordinance,
shall redistrict the city into as many wards only as the city is
entitled. This redistricting shall be completed not less than 30 days
before the first date fixed by law for the filing of candidate
petitions for the next succeeding election for city
officers. At this election there shall be elected the number of alderpersons
to which the city is entitled.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/5-2-6) (from Ch. 24, par. 5-2-6)
Sec. 5-2-6.
A redistricting ordinance which has decreased the number
of wards of a city because of a decrease in population of the city shall
not be effective if, not less than 30 days prior to the first
date fixed by law for the filing of candidate petitions for
the next succeeding election for city officers, a specified
census is officially published which shows that the city has regained a
population that entitles it to the number of wards which it had just
prior to the passage of the last redistricting ordinance.
(Source: P.A. 81-1489.)
(65 ILCS 5/5-2-7) (from Ch. 24, par. 5-2-7)
Sec. 5-2-7.
If, after a specified census is officially published, any city
is divided into a greater number of wards and has elected a greater number
of alderpersons than the city is entitled, nevertheless such division and
election shall be valid and all acts, resolutions, and ordinances of the
city council of such city, if in other respects in compliance with law, are
valid.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/5-2-8) (from Ch. 24, par. 5-2-8)
Sec. 5-2-8. Staggered terms; tenure.
(a) Alderpersons elected at the first
election for city officers after
the election of alderpersons for the initial terms provided for in Section
2-2-11 shall draw lots to determine (i) which of the alderpersons in each ward
shall hold for a 4 year term and until a successor is elected
and has
qualified and (ii) which in each ward shall hold for a 2 year
term and until
a successor is elected and has qualified. All alderpersons elected
after that first election shall hold office for a term of 4 years
and until their successors are
elected and have qualified, except in cities that adopt a 2 year term as
provided in Section 3.1-10-65 and except as is otherwise provided in Section
5-2-3.
(b) If a city that has had the minority representation
plan has voted not
to retain the plan, then, at the first election for city officers following
the vote, 2 alderpersons shall be elected from each ward in the city.
Their
terms shall be staggered by the process specified in this Section. The
tenure of these alderpersons and their successors shall be the same as that
stated in subsection (a).
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/5-2-9) (from Ch. 24, par. 5-2-9)
Sec. 5-2-9.
(Repealed).
(Source: Repealed by P.A. 87-1119.)
(65 ILCS 5/5-2-10) (from Ch. 24, par. 5-2-10)
Sec. 5-2-10.
(Repealed).
(Source: Repealed by P.A. 87-1119.)
(65 ILCS 5/5-2-11) (from Ch. 24, par. 5-2-11)
Sec. 5-2-11. In any village which adopts this Article 5, the board of
trustees by ordinance shall divide and, whenever necessary thereafter,
shall redistrict the village into 6 compact and contiguous districts of
approximately equal population.
Each of the districts shall be represented by one trustee who shall have
been an actual resident of the district for at least 6 months prior to his
election, unless the trustee is a resident of a newly incorporated municipality. Only the electors of a district shall elect the trustee from that
district.
The provisions of Section 5-2-8 relating to terms of office of alderpersons
in cities shall also apply to the terms of office of trustees under this
section.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/5-2-12) (from Ch. 24, par. 5-2-12)
Sec. 5-2-12. Alderpersons or trustees elected at large; vacancies;
mayor or president to preside.
(a) If a city or village adopts the managerial
form of municipal
government but does not elect to choose alderpersons or trustees from wards
or districts, then the following provisions of this Section shall be
applicable.
(b) The city council shall be elected at large. In cities of less than
50,000
population, the council shall consist of (i) the mayor and 4 councilmen or (ii) the mayor and 6 councilmen if the size of the city council is increased under subsection (k). In
cities
of at least 50,000 but less than 100,000 population,
the council shall consist of
the mayor and 6 councilmen. In cities of at least 100,000 but not more than 500,000
population, the council shall consist of the mayor and 8 councilmen.
(c) Except in villages that were governed by Article 4
immediately before
the adoption of the managerial form of municipal government, the village
board shall be elected at large and shall consist of a president and the number
of trustees provided for in Section 5-2-15 or 5-2-17,
whichever is applicable.
(d) The term of office of the mayor and councilmen shall be 4 years, provided
that in cities of less than 50,000, the 2 councilmen receiving the lowest
vote at the first election shall serve for 2 years only; in cities of at
least 50,000 but less than 100,000, the 3 councilmen receiving the lowest vote at the
first election shall serve for 2 years only; and in cities of at least
100,000 but
not more than 500,000, the 4 councilmen receiving the lowest vote at the
first election shall serve for 2 years only.
(e) The election of councilmen shall be every 2 years. After the first election,
only 2 councilmen in cities of less than
50,000, 3 councilmen in cities
of at least 50,000 but less than 100,000, or 4
councilmen in cities of at least 100,000 but
not more than 500,000, shall be voted for by each elector at the primary
elections, and only 2, 3, or 4 councilmen, as the case may be, shall be voted
for by each elector at each biennial general municipal election,
to serve for 4 years.
(f) In addition to the requirements of the general election law, the ballots
shall be in the form set out in Section 5-2-13. In cities with less than
50,000, the form of ballot prescribed in Section 5-2-13 shall be further
modified by printing in the place relating to councilmen the words "Vote
for not more than Two", or "Vote for not more than Three" if the size of the city council is increased under subsection (k), instead of the words "Vote for not more than Four". In cities of
at least 50,000 but
less than 100,000, the ballot shall be modified in that place by printing
the words "Vote for not more than Three" instead of the words "Vote for not more than Four". Sections 4-3-5 through 4-3-18, insofar as they may be applicable, shall
govern the election of a mayor and councilmen under this Section.
(g) If a vacancy occurs in the office of mayor or councilman, the remaining
members of the council, within 60 days after the
vacancy occurs, shall fill the vacancy by appointment of some person to
the office for
the balance of the unexpired term or until the vacancy is filled by interim
election under Section 3.1-10-50, and
until the successor is elected and
has qualified.
(h) Except in villages that were governed by Article 4
immediately before
the adoption of the managerial form of municipal government, in villages
that have adopted this Article 5 the term of office of the
president, the
number of trustees to be elected, their terms of office, and the manner of
filling vacancies shall be governed by Sections
5-2-14 through 5-2-17.
(i) Any village that adopts the managerial form of
municipal government under
this Article 5 and that, immediately before that
adoption, was governed by the
provisions of Article 4, shall continue to elect a mayor and
4 commissioners in accordance with Sections 4-3-5 through
4-3-18, insofar as they may be applicable, except that the 2 commissioners
receiving the lowest vote among those elected at the first election after
this Article 5 becomes effective in the village shall serve for 2
years
only. After that first election, the election of
commissioners shall be every 2 years, and
2 commissioners shall be elected at each election to serve for 4
years.
(j) The mayor or president shall preside at all meetings of the council
or
board and on all ceremonial occasions.
(k) In cities of less than 50,000 population, the city council may, by ordinance, provide that the city council shall, after the next biennial general municipal election, consist of 6 instead of 4 councilmen. If the size of the council is increased to 6 councilmen, then at the next biennial general municipal election, the electors shall vote for 4 instead of 2 councilmen. Of the 4 councilmen elected at that next election, the one receiving the lowest
vote at that election shall serve a 2-year term. Thereafter, all terms shall be for 4 years.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/5-2-13) (from Ch. 24, par. 5-2-13)
Sec. 5-2-13. In addition to the requirements of the general election law,
the ballots for the municipal primary
election provided for in Section 5-2-12 shall be in substantially the following form:
( ) JOHN JONES.
( ) JAMES SMITH.
( ) HENRY WHITE.
( ) RALPH WILSON.
( ) FOR COUNCILMEN.
VOTE FOR NOT MORE THAN....(insert proper number as provided in Section 5-2-12).
( ) HARRY BROWN.
( ) ROBERT BUCK.
( ) WILLIAM BURKE.
( ) GEORGE MILLER.
( ) ARTHUR ROBBINS.
( ) EDWARD STUART.
( ) JOSEPH TROUT.
( ) THOMAS WILLIAMS.
In addition to the requirements of the general election law, the general
municipal election ballots for the election provided for in Section 5-2-12
shall be substantially in the following form:
( ) JOHN JONES.
( ) JAMES SMITH.
( ) FOR COUNCILMEN.
VOTE FOR NOT MORE THAN....(insert proper number as provided in Section 5-2-12).
( ) HARRY BROWN.
( ) ROBERT BUCK.
( ) WILLIAM BURKE.
( ) GEORGE MILLER.
( ) ARTHUR ROBBINS.
( ) EDWARD STUART.
( ) JOSEPH TROUT.
( ) THOMAS WILLIAMS.
(Source: P.A. 95-862, eff. 8-19-08.)
(65 ILCS 5/5-2-14) (from Ch. 24, par. 5-2-14)
Sec. 5-2-14.
(Repealed).
(Source: Repealed by P.A. 87-1119.)
(65 ILCS 5/5-2-15) (from Ch. 24, par. 5-2-15)
Sec. 5-2-15. Trustees; tenure; vacancies.
(a) In each village operating under Section 5-2-12, the electors of the
village shall elect 6 trustees. The term of office of the trustees shall be 4
years and until their successors are elected and have qualified. Trustees
elected at the first election for village officers after a village is
incorporated, however, shall by lot designate one-half of their number whose
terms shall be 2 years and until their successors are elected and have
qualified. In all villages having a population of less than 50,000 in which
only 3 trustees were elected for a 4 year term in the year 1941, 3 trustees
shall be elected for a 4 year term at the regular village election in the year
1943, and thereafter 3 trustees shall be elected in each odd numbered year for
a term of 4 years.
(b) (Blank).
(Source: P.A. 95-646, eff. 1-1-08.)
(65 ILCS 5/5-2-16) (from Ch. 24, par. 5-2-16)
Sec. 5-2-16.
President and trustees; general election.
(a) The election for the president specified in Section 5-2-12
in villages of 50,000 or more inhabitants shall be held in 1981 and
each fourth year thereafter, on a date specified by the general election
law. The election for the president in villages of fewer than
50,000 inhabitants
shall be held in every other odd numbered
year whenever a president is to be elected for a 4 year term. The election
for the president in villages of fewer than 50,000 inhabitants
shall be held
in each odd numbered year whenever
the president is to be elected for a 2 year term.
(b) The election for trustees in villages of 50,000 or more inhabitants shall
be held in 1981 and each fourth year thereafter, unless the
village board has provided for the election of trustees in a manner prescribed
for villages of fewer than 50,000 inhabitants as provided in Section
3.1-25-10, in which case
the election for trustees shall be held in each odd numbered year.
(c) An election for trustees in villages of fewer than
50,000 inhabitants shall
be held in each odd numbered year,
except as provided in Section 5-2-17. When villages of fewer than 50,000
inhabitants have provided for a 2 year term for elective officers under
Section 3.1-10-65, the first general election for trustees shall be held in
accordance with
the general election law in the next
odd numbered year following the referendum at which the terms of the elective
officers were reduced. In those villages, elections shall be held
annually thereafter.
(d) Every village incorporated and existing under a
special Act
that has held a general municipal election in even
numbered
years before the effective date of this Code may continue to do so.
Every village may hold annual municipal
elections if this is necessary to comply with Section
5-2-17.
(Source: P.A. 87-1119.)
(65 ILCS 5/5-2-17) (from Ch. 24, par. 5-2-17)
Sec. 5-2-17.
Trustees; certain villages incorporated under special
Acts.
(a) In every village specified in Section 5-2-12 incorporated and
existing under any special Act that, before
June 4, 1909, under
any special Act, annually elected members of its legislative body, the
electors of the village, instead of the
legislative body now provided for by law,
shall elect 6 trustees. They shall hold their offices until their
respective successors are elected and have qualified. At the first meeting
of this board of 6 trustees, the terms of office of the trustees shall be
staggered. Thereafter, the terms shall be for the same
length of time as provided
for alderpersons in Section 3.1-20-35.
(b) The electors of a village or
incorporated town described in subsection (a) may, however, adopt
a 2 year term for their trustees as provided in Section 3.1-10-65. If this 2
year term is adopted, then at the next general municipal election in the
adopting village, 3 trustees shall be elected, and they shall hold their
offices for terms of one year each. In the next succeeding year, and in
each year thereafter, 3 trustees shall be elected in the adopting village,
and they shall hold their offices for terms of 2 years each.
(c) Any village described in subsection (a) that, before January 2, 1942, has adopted a 2 year term
for its trustees and is now electing 3 trustees each year shall continue
to elect 3 trustees each year for a term of 2 years each. Any village
described in subsection (a) that, before January 2, 1942,
has adopted a 2 year term for its trustees but
is not now electing 3 trustees each year shall elect 3 trustees at the
next general municipal election in that village, and they shall hold their
offices for terms of one year each. In the next succeeding year, and in
each year thereafter, 3 trustees shall be elected, and they shall hold
their offices for terms of 2 years each.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/5-2-18) (from Ch. 24, par. 5-2-18)
Sec. 5-2-18.
In any city which has adopted this Article 5 and which elects
a mayor and councilmen as provided in Section 5-2-12, a proposition to elect alderpersons
from wards as provided in Article 3 of this Code, except that only
one alderperson may be elected from each ward, shall be certified by the
city clerk to the proper election authority who shall submit such proposition
at the general municipal election in accordance with the general election
law, if a petition signed by electors
of the city numbering not less than 10% of the total vote cast for mayor
at the last preceding election, is filed with the city clerk.
The proposition shall be substantially in the
following form:
--------------------------------------------------------------
Shall the city of.... be divided
into wards with one alderperson to be YES
elected from each ward, but with the -----------------------
mayor to be elected from the city NO
at large?
--------------------------------------------------------------
If a majority of those voting on the proposition vote "yes", then the
sitting city council shall proceed to divide the city into wards in the
manner provided in Article 3 and one alderperson shall be elected from each
ward at the next general municipal election of any city officer. Upon
the election and qualification of such alderpersons the terms of office of
all sitting councilmen shall expire. After the adoption of such
proposition the provisions of Article 3 shall be applicable to the
division of the city into wards and to the election of the mayor and alderpersons
of such city, except that only one alderperson shall be elected
from each ward.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/5-2-18.1) (from Ch. 24, par. 5-2-18.1)
Sec. 5-2-18.1.
In any city or village which has adopted this Article and also has
elected to choose alderpersons from wards or trustees from districts, as the
case may be, a proposition to elect the city council at large shall be
submitted to the electors in the manner herein provided.
Electors of such city or village, equal to not less than 10% of the
total vote cast for all candidates for mayor or president in the last
preceding municipal election for such office, may petition for the submission
to a vote of the electors of that city or village the
proposition whether the city council shall be elected at large. The
petition shall be in the same form as prescribed in Section 5-1-6,
except that said petition shall be modified as to the wording of the
proposition to be voted upon to conform to the wording of the
proposition as hereinafter set forth, and shall
be filed with the city clerk in accordance with the general election law.
The clerk shall certify the proposition to the proper election authorities
who shall submit the proposition at an election in accordance with the general
election law.
However,
such proposition shall not be submitted at the
general primary election for the municipality.
The proposition shall be in substantially the
following form:
--------------------------------------------------------------
Shall the city (or village) of
.... elect the city council at YES
large instead of alderpersons -------------------------
(or trustees) from wards (or NO
districts)?
--------------------------------------------------------------
If a majority of those voting on the proposition vote "yes", then the
city council shall be elected at large at the next general municipal
election and the provisions of Section 5-2-12 shall be applicable. Upon
the election and qualification of such councilmen or trustees, the
terms of all sitting alderpersons shall expire.
(Source: P.A. 102-15, eff. 6-17-21; 102-687, eff. 12-17-21.)
(65 ILCS 5/5-2-18.2) (from Ch. 24, par. 5-2-18.2)
Sec. 5-2-18.2.
In any city which has adopted this Article, and also has elected to
choose alderpersons from wards, a proposition to elect part of the city
council at large and part from districts shall be submitted to the
electors upon the petition herein provided.
Electors of such city, equal in number to not less than 10% of the
total vote cast for all candidates for mayor in the last preceding
municipal election for such office, may petition for the submission
to a vote of the electors of that city the
proposition whether part of the city council shall be elected at large
and part from districts. The petition shall be in the same form as
prescribed in Section 5-1-6, except that said petition shall be modified
as to the wording of the proposition to be voted upon, to conform to the
wording of the proposition as hereinafter set
forth, and shall be filed with the city clerk in accordance with the general
election law. The city clerk shall certify the proposition to the proper
election authorities who shall submit the proposition at an election in
accordance with the general election law.
However, such proposition shall not be submitted at the general primary
election for the municipality.
The proposition shall be substantially in the
following form:
--------------------------------------------------------------
Shall the city of....
elect part of the councilmen YES
at large and part of -----------------------------
the councilmen from NO
districts?
--------------------------------------------------------------
If a majority of those voting on the proposition vote "yes", then at
the next general municipal election and every 4 years thereafter, a
mayor and part of the councilmen shall be elected at large and part of
the councilmen shall be elected from wards, the total number of
councilmen to be elected to equal the number of alderpersons authorized to
be elected prior to adoption of the proposition.
The city council shall divide the city, whenever necessary
thereafter, into districts which shall be of as compact and contiguous
territory as practicable and of approximately equal population. The
number of such districts shall be equal to half the number of alderpersons
then authorized to be elected to office in such city. If there is an odd
number of such alderpersons, the number of districts established shall be
equal to the number which represents a majority of the number of such alderpersons.
One councilman, who is an actual resident of the district, shall be
elected from each district. Only the electors of a district shall elect
a councilman from that district. The rest of the number of councilmen
authorized shall be elected at large.
The mayor and councilmen shall hold their respective offices for the
term of 4 years and until their successors are elected and qualified.
Upon the election and qualification of the councilmen, the terms of all
sitting alderpersons shall expire.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/5-2-18.3) (from Ch. 24, par. 5-2-18.3)
Sec. 5-2-18.3.
Selection of part of council at large and part from
districts. If a city elects to choose part of the city council at large
and part from districts, then the following provisions of this Section shall
be applicable.
The term of office of the mayor and councilman shall be 4 years, and the
election of the mayor and councilmen shall be every 4 years after the first
election. In addition to the requirements of the general election law,
the ballots shall be in the form set out in Section 5-2-18.4 and 5-2-18.5.
Sections 4-3-5 through 4-3-18, insofar as they may be
applicable, shall govern the election of a mayor and councilmen under this
Section.
(Source: P.A. 87-1119.)
(65 ILCS 5/5-2-18.4) (from Ch. 24, par. 5-2-18.4)
Sec. 5-2-18.4. In addition to the requirements of the general election law, a distinct
ballot shall be printed for each district for the primary election. At the
top of the ballot shall be the following: CANDIDATES FOR NOMINATION FOR
MAYOR AND COUNCILMEN OF THE CITY OF.... AT THE PRIMARY ELECTION. Under
the sub-title FOR MAYOR shall be placed the following: (VOTE FOR ONE). There
shall be placed below the names of the candidates for mayor another sub-title
as follows: FOR COUNCILMEN AT LARGE. Following this sub-title there shall
be an instruction in this form, to be altered, however, to conform to the
facts: VOTE FOR NOT MORE THAN.... (Insert proper number as provided in Section 5-2-12).
Following the names of the candidates for councilmen at large, there shall
be another sub-title in the following form: FOR DISTRICT COUNCILMAN. Following
this sub-title there shall be the following direction: (VOTE FOR ONE). In
other respects the form of the ballot shall be controlled by Section 4-3-10.
(Source: P.A. 95-862, eff. 8-19-08.)
(65 ILCS 5/5-2-18.5) (from Ch. 24, par. 5-2-18.5)
Sec. 5-2-18.5.
To determine the number of nominees who shall be placed on the ballot
under each sub-title at the general city election, the number of officers
who will be chosen under each sub-title shall be multiplied by 4
. Only
those candidates at the primary election shall be nominees under each
sub-title at the general city election who have received the 4
highest
number of votes, where but one officer is to be elected, the 8
highest
where but two officers are to be elected, and in this manner as far as
necessary.
(Source: P.A. 95-699, eff. 11-9-07.)
(65 ILCS 5/5-2-18.6) (from Ch. 24, par. 5-2-18.6)
Sec. 5-2-18.6. In addition to the requirements of the general election law, the ballots
for the general municipal election shall
be prepared in accordance with Section 4-3-16, with the
following changes:
(1) Following the names of the candidates for mayor there shall be printed
a sub-title: FOR COUNCILMEN AT LARGE; following this sub-title shall be
an instruction in this form: VOTE FOR NOT MORE THAN....(Insert proper number as provided
in Section 5-2-12). The names of the candidates for councilmen at large
shall follow this instruction.
(2) Following the names of the candidates at large shall be printed another
sub-title: FOR DISTRICT COUNCILMAN. Following this sub-title shall be an
instruction in this form: (VOTE FOR ONE) and following this instruction
shall be printed the names of the 2 nominees.
(Source: P.A. 95-862, eff. 8-19-08.)
(65 ILCS 5/5-2-18.7) (from Ch. 24, par. 5-2-18.7)
Sec. 5-2-18.7. In any city which has adopted this Article, and is electing the city
council at large or has elected to choose alderpersons from wards, a
proposition to elect part of the city council at large and part from
districts with staggered four year terms and biennial elections for
councilmen shall be submitted to the electors upon initiation in the manner
herein provided.
Electors of such city, equal in number to not less than 10% of the
total vote cast for all candidates for mayor in the last preceding
municipal election for such office, may petition for submission, or, in
the alternative, the city council may by
ordinance without a petition cause to be submitted, to a vote of the
electors of that city the proposition whether part of the city council
shall be elected at large and part from districts with staggered four
year terms and biennial elections for councilmen. The petition shall be
in the same form as prescribed in Section 5-1-6, except that the
petition shall be modified as to the wording of the proposition to be
voted upon, to conform to the wording of the proposition as hereinafter
set forth, and shall be filed with the city clerk in accordance with the
general election law. The city clerk shall certify the proposition to the
proper election authorities who shall submit the proposition at an election
in accordance with the general election law.
However, such proposition shall not be submitted at
the general primary election for the municipality.
The proposition shall be substantially in the
following form:
--------------------------------------------------------------
Shall the city of....
elect part of the councilmen at large YES
and part of the councilmen from -----------------------
districts with staggered four year NO
terms and biennial elections?
--------------------------------------------------------------
If a majority of those voting on the proposition vote "yes", then at
the next general municipal election at which a mayor is to be elected, a
mayor and councilmen shall be elected as hereinafter provided.
In cities of less than 50,000 population, the council shall consist
of the mayor and 6 councilmen, 2 councilmen being elected at large and 4
councilmen being elected from districts. In cities of 50,000 and not
more than 500,000 population, the council shall consist of the mayor and
8 councilmen, 3 councilmen being elected at large and 5 councilmen being
elected from districts.
The city council shall divide the city, whenever necessary
thereafter, into districts which shall be of as compact and contiguous
territory as practicable and of approximately equal population. The
number of such districts shall be the same as the number of councilmen
to be elected from districts.
One councilman who is an actual resident of the district, shall be
elected from each district. Only the electors of a district shall elect
a councilman from that district. The rest of the number of councilmen
authorized shall be elected at large.
The term of office of the Mayor and Councilmen shall be 4 years,
provided that at the first election the Councilmen elected at large
shall serve for 2 years only. Thereafter the election of Councilmen
shall be biennial, and after the first election the Mayor and all
Councilmen shall be elected for 4 year terms to fill expiring terms of
incumbents.
The Mayor and Councilmen shall hold their respective offices for the
term of 4 years as herein provided, and until their successors are
elected and qualified. Upon the election and qualification of the
Councilmen, the terms of all sitting alderpersons or councilmen elected at
large pursuant to the provisions of Section 5-2-12 shall expire.
For the first primary election a distinct ballot shall be printed for each
district. At the top of the ballot shall be the following:
CANDIDATES FOR NOMINATION FOR MAYOR (when Mayor is to be elected) AND
COUNCILMEN OF THE CITY OF.... AT THE PRIMARY ELECTION. Under the
subtitle of FOR MAYOR (when applicable) shall be placed the following:
(VOTE FOR ONE). There shall be placed below the names of the candidates
for Mayor, if any, another subtitle as follows: FOR COUNCILMEN AT
LARGE. Following this subtitle there shall be an instruction in this
form, to be altered, however, to conform to the facts: (VOTE FOR NOT MORE THAN....)
(Insert number of Councilmen being elected). Following the names of the
candidates for councilmen at large, there shall be another subtitle in
the following form: FOR DISTRICT COUNCILMAN. Following this subtitle
there shall be the following direction: (VOTE FOR ONE). In other
respects the ballots shall conform to the applicable provisions of
Sections 4-3-10 and 5-2-13.
To determine the number of nominees who shall be placed on the ballot
under each subtitle at the general municipal election, the number of
officers who will be chosen under each subtitle shall be multiplied by
2. Only those candidates at the primary election shall be nominees under
each subtitle at the general municipal election and, where but one
officer is to be elected, the 2 candidates receiving the highest number
of votes shall be placed upon the ballot for the next succeeding general
municipal election. Where 2 councilmen are to be elected, the 4
candidates receiving the highest number of votes shall be placed upon
the ballot. Where 3 councilmen are to be elected, the names of the 6
candidates receiving the highest number of votes shall be placed upon
the ballot.
The ballots for the election of officers at the first general
municipal election shall be prepared in compliance with Section 4-3-16,
with the following changes:
(1) Following the names of the candidates for Mayor (when
applicable) there shall be printed a subtitle: FOR COUNCILMAN AT LARGE:
following this subtitle shall be an instruction in this form: (VOTE FOR
NOT MORE THAN ....) (Insert number of councilmen to be elected). The names of the
nominees for councilmen at large shall follow the instruction.
(2) Following the names of the nominees for councilmen at large
shall be printed another subtitle: FOR DISTRICT COUNCILMAN. Following
this subtitle shall be an instruction in this form: (VOTE FOR ONE) and
following this instruction shall be printed the names of the 2 nominees.
Thereafter, the ballots for the biennial election shall be prepared
as hereinafter provided.
For the primary election at which Councilmen at large are to be
elected the form of the ballot shall be as follows:
At the top of the ballot shall be the following: CANDIDATES FOR
NOMINATION FOR MAYOR (when Mayor is to be elected) AND COUNCILMEN OF THE
CITY OF.... AT THE PRIMARY ELECTION. Under the subtitle of FOR MAYOR
(when applicable) shall be placed the following: (VOTE FOR ONE). There
shall be placed below the names of the candidates for Mayor, if any,
another subtitle as follows: FOR COUNCILMEN AT LARGE. Following this
subtitle there shall be an instruction in this form, to be altered,
however, to conform to the facts: (VOTE FOR NOT MORE THAN....) (Insert number of
Councilmen being elected).
For the primary election at which District Councilmen are to be
elected, a distinct ballot shall be printed for each District. There
shall be placed below the names of the candidates for Mayor (when
applicable) another subtitle as follows: FOR DISTRICT COUNCILMAN.
Following this subtitle there shall be an instruction in this form:
VOTE FOR ONE. In all other respects the ballot shall conform to the
applicable provisions of Sections 4-3-10 and 5-2-13.
To determine the number of nominees who shall be placed on the ballot
under each subtitle at the general municipal election, the number of
officers who will be chosen under each subtitle shall be multiplied by
2. Only those candidates at the primary election shall be nominees under
each subtitle at the general municipal election and, where but one
officer is to be elected, the 2 candidates receiving the highest number
of votes shall be placed upon the ballot for the next succeeding general
municipal election. Where 2 councilmen are to be elected, the 4
candidates receiving the highest number of votes shall be placed upon
the ballot. Where 3 councilmen are to be elected, the names of the 6
candidates receiving the highest number of votes shall be placed upon
the ballot.
The ballots for the election of officers at the general municipal
election shall be prepared in compliance with Section 4-3-16, with the
following changes:
(1) For elections where candidates for Councilmen at large are being
elected, following the names of candidates for Mayor (when applicable)
there shall be printed a subtitle as follows: FOR COUNCILMEN AT LARGE.
Following this subtitle there shall be an instruction in this form:
(VOTE FOR NOT MORE THAN....) (Insert number of Councilmen to be elected). The names
of the nominees for Councilmen at large shall follow the instruction.
(2) For elections where district Councilmen are to be elected, a
distinct ballot shall be printed for each district, and following the
names of the candidates for Mayor (when applicable) there shall be
printed a subtitle as follows: FOR DISTRICT COUNCILMAN. Following this
subtitle there shall be an instruction in this form: (VOTE FOR ONE) and
following this instruction shall be printed the names of the 2 nominees
for district Councilman.
Vacancies shall be filled as prescribed in Section 5-2-12, provided
that a vacancy in the office of a District Councilman shall be filled by
a person who is an actual resident of the district in which the vacancy
occurs.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/5-2-18.8) (from Ch. 24, par. 5-2-18.8)
Sec. 5-2-18.8.
The propositions provided for in Sections 5-2-18.1, 5-2-18.2 and
5-2-18.7 shall not be submitted to the electors at the same election. If
petitions to submit more than one of such propositions are filed for
presentation at the same election, the
petition first filed prior to such election shall be accepted by the
city clerk and the petition for the submission of the other
propositions, if tendered thereafter, shall be refused by the city
clerk. The proposition requested to be presented in the petition first
filed shall be submitted at the election.
(Source: P.A. 81-1489.)
(65 ILCS 5/5-2-19) (from Ch. 24, par. 5-2-19)
Sec. 5-2-19. In any city which was operating under the alderperson form
of government as provided in Article 3 at the time of adoption of this Article
5 which did not also elect to continue to choose alderpersons from wards, the
city clerk and city treasurer shall be nominated and elected in the same
manner as provided in this Article 5 for the nomination and election of
the mayor and councilmen. To achieve this result: wherever the term "mayor
or commissioners" appears in Sections 4-3-7 through 4-3-18, it shall be
construed to include the words "or clerk or treasurer". The names of candidates
for nomination shall be placed on the primary election ballot prescribed
in Section 5-2-13 and such ballot shall be modified to include the heading
"For Clerk--Vote for one" immediately following the names of candidates
for councilmen and to include the heading "For Treasurer--Vote for one"
immediately following the names of candidates for clerk. The names of the
4
candidates receiving the highest number of votes for each of the respective
offices shall be placed on the general municipal election ballot
prescribed in Section 5-2-13 which ballot shall be modified to include
such offices and names in the same manner as is provided in this Section
for the primary ballot. If any candidate nominated for the office of
clerk or treasurer dies or withdraws before the general municipal
election the name of the person receiving the fifth
highest number of
votes for nomination to that office shall be placed on the ballot for
that election.
However, in any city not exceeding 100,000 inhabitants which adopts this
Article 5 and elects a mayor and alderpersons or councilmen as provided in Section 5-2-12,
or Sections 5-2-18 through 5-2-18.8, the council may, in lieu of electing
a clerk and treasurer as provided in the above paragraph, provide by ordinance
that the clerk or treasurer or both for such city be appointed by the mayor
with the approval of the city council. If such officers are appointed their
terms of office, duties, compensation and amount of bond required shall
be the same as if they were elected.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/Art. 5 Div. 3 heading)
(65 ILCS 5/5-3-1) (from Ch. 24, par. 5-3-1)
Sec. 5-3-1.
In cities which do not elect to choose alderpersons from wards and
in cities which elect to choose councilmen as provided in Sections 5-2-18.1 through
5-2-18.7, the mayor shall have the right to vote on all questions
coming before the council but shall have no power to veto. The mayor and
president shall be recognized as the official head of the city or village
by the courts for the purpose of serving civil process and by the Governor
for all legal purposes.
The mayor or president of any city or village which adopts this Article
5, other than one which at the time of adoption was operating under or
adopted the commission form of government as provided in Article 4 or
which does not retain the election of alderpersons by wards or trustees by
districts, shall have veto power as provided in Sections 5-3-2 through
5-3-4, and ordinances or measures may be passed over his veto as therein
provided. Such mayor or president shall have the power to vote as provided
in Section 5-3-5.
If any other Acts or any Article of this Code, other than Article 3 or
Article 4, provides for the appointment of a board, commission, or other
agency by the mayor or president, such appointments shall be made in manner
so provided.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/5-3-2) (from Ch. 24, par. 5-3-2)
Sec. 5-3-2.
All resolutions and motions (1) which create any liability
against a city or village, or (2) which provide for the expenditure or
appropriation of its money, or (3) to sell any city, village or school
property, and all ordinances, passed by the council or board shall be
deposited with the city or village clerk. If the mayor approves of them, he
shall sign them. Those of which he disapproves he shall return to the
council or board, with his written objections, at the next regular meeting
of the council or board occurring not less than 5 days after their passage.
The mayor or president may disapprove of any one or more sums appropriated
in any ordinance, resolution, or motion making an appropriation, and, if
so, the remainder shall be effective. However, the mayor or president may
disapprove entirely of an ordinance, resolution, or motion making an
appropriation. If the mayor or president 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 his
signature.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/5-3-3) (from Ch. 24, par. 5-3-3)
Sec. 5-3-3.
Every resolution and motion, specified in Section 5-3-2, and
every ordinance, which is returned to the council or board by the mayor or
president shall be reconsidered by the council or board. If, after such
reconsideration, two-thirds of all the alderpersons then holding office on the
city council or two-thirds of all the trustees then holding office on the
village board agree to pass an ordinance, resolution, or motion,
notwithstanding the mayor's or president's refusal to approve it, then it
shall be effective. The vote on the question of passage over the mayor's or
president's veto shall be by yeas and nays, and shall be recorded in the
journal.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/5-3-4) (from Ch. 24, par. 5-3-4)
Sec. 5-3-4.
No vote of the city council or village board shall be
reconsidered or rescinded at a special meeting, unless there are present at
the special meeting as many alderpersons or trustees as were present when the
vote was taken.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/5-3-5) (from Ch. 24, par. 5-3-5)
Sec. 5-3-5.
The mayor or president of any city or village which elects alderpersons
by wards or trustees by districts shall not vote on any ordinance,
resolution or motion except: (1) where the vote of the alderpersons or trustees
has resulted in a tie; (or) (2) where one-half of the alderpersons or trustees
then holding office have voted in favor of an ordinance, resolution or
motion even though there is no tie vote; or (3) where a vote greater than a
majority of the corporate authorities is required by this Code to adopt an
ordinance, resolution or motion. In each instance specified, the mayor or
president shall vote. The following mayors and presidents may vote on all
questions coming before the council or board: (1) mayors and presidents of
cities and villages operating under this Article and Article 4, and (2)
mayors and presidents of cities and villages which do not elect alderpersons by
wards and trustees by districts.
Nothing in this Section shall deprive an acting mayor or president or
mayor or president pro tem from voting in his capacity as alderperson or
trustee, but he shall not be entitled to another vote in his capacity as
acting mayor or president or mayor or president pro tem.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/5-3-6) (from Ch. 24, par. 5-3-6)
Sec. 5-3-6.
The powers of the council or board shall be purely legislative
except as may be otherwise provided by any other act or by any article of
this Code other than Articles 3 or 4. The executive and administrative
powers conferred on the commissioners by Article 4 shall only be exercised
when delegated to the appointive officers provided in this Article 5.
The council or board shall approve for payment all expenses and
liabilities of the municipality.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/5-3-7) (from Ch. 24, par. 5-3-7)
Sec. 5-3-7.
The council or board of trustees, as the case may be,
shall appoint a municipal manager, who shall be the administrative head
of the municipal government and who shall be responsible for the
efficient administration of all departments. He shall be appointed
without regard to his political beliefs and need not be a resident of
the city or village when appointed. The manager shall be appointed for
an indefinite term, and the conditions of the manager's employment may be
set forth in an agreement. In the case of the absence or disability of the
manager, the council or village board may designate a qualified
administrative officer of the municipality to perform the duties of the
manager during such absence or disability. The manager may at any time
be removed from office by a majority vote of the members of the council
or the board.
The powers and duties of the manager shall be:
(1) To enforce the laws and ordinances within the municipality;
(2) To appoint and remove all directors of departments. No
appointment shall be made upon any basis other than that of merit and
fitness except that if the chief of the fire department or the chief of
the police department or both of them are appointed in the manner as provided
by ordinance under Section 10-2.1-4 of this code, they may be removed or
discharged by the appointing authority. In such case the appointing authority
shall file with the corporate authorities the reasons for such removal or
discharge, which removal or discharge shall not become effective unless
confirmed by a majority vote of the corporate authorities;
(3) To exercise control of all departments and divisions thereof
created in this Article 5, or that may be created by the council or
board of trustees;
(4) If the city or village was subject to the alderperson form
provisions of Article 3 at the time of adoption of this Article 5 to
appoint and remove all officers who are not required to be elected by
Article 3;
(5) To have all the powers and exercise all the duties granted
elsewhere in this Code to municipal clerks and comptrollers with respect
to the preparation of a report of estimated funds necessary to defray
the expenses of the city or village for the fiscal year for the
consideration of the corporate authorities prior to the preparation of
the annual appropriation ordinance;
(6) To attend all meetings of the council or board of trustees with
the right to take part in the discussions, but with no right to vote;
(7) To recommend to the council or board of trustees for adoption
such measures as he may deem necessary or expedient;
(8) To perform such other duties as may be prescribed by this
Article 5 or may be required of him by ordinance or resolution of the
board of trustees or council.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/5-3-8) (from Ch. 24, par. 5-3-8)
Sec. 5-3-8.
Under the general supervision and administrative control of the
manager, there shall be such departments as the council or village board
may prescribe by ordinance.
All officers of any city or village shall take and subscribe the oath
required by Section 5-3-9. All such officers, except the mayor, president, alderpersons, councilmen, and trustees, shall execute bonds in the manner
provided by Section 5-3-9, which bonds shall be filed with the clerk of the
council or clerk of the village board.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/5-3-9) (from Ch. 24, par. 5-3-9)
Sec. 5-3-9.
Officers; oath or affirmation; bond.
(a) Before entering upon the duties of their respective offices, all
officers, whether elected or appointed, shall take and subscribe the oath or
affirmation required by the Illinois
Constitution.
The subscribed oath or affirmation shall be
filed in the office of the city or
village clerk.
(b) Before entering upon the duties of their respective offices, all
officers, except those specified in Section 5-3-8, shall execute a bond
with security to be approved by the corporate authorities. The bond shall
be payable to the city or village in the penal sum directed by
resolution or ordinance, conditioned upon the faithful performance of the
duties of the office and the payment of all money received by the officer,
according to law and the ordinances of that city or village.
The bond
may provide that the obligation of the sureties shall not extend to any
loss sustained by the insolvency, failure, or closing of any bank or savings
and loan association organized
and operating under the laws of either the State of Illinois or the United
States in which the officer has placed funds in the
officer's custody if the bank
or savings and loan association
has been approved by the corporate authorities as a depository for these
funds. The treasurer's bond shall be in an amount of dollars that is not less
than the greater of $50,000 or 3 times the latest Federal census population
or any subsequent
census figure used for Motor Fuel Tax purposes. These bonds shall be filed
with the city or village clerk, except that the bond of the clerk shall
be filed with the city or village treasurer.
(c) Subject to the limitations of subsection (b), the city
council or village board may fix the amount and penalty of the bonds of all
officers and of all employees charged with the custody of money or
property. It may also require the giving of additional bonds,
increase or decrease the amount and penalty of the bonds of any officer,
and require the giving of a new bond where the security of an original bond
has become either insufficient or in any way impaired, upon penalty of
removal from office. The power vested in the city council or village board
by this Section shall be so administered as to protect the interests of the
city or village from danger of financial loss and shall never be used as a
means of removing any person from the service of the city or village
without a hearing before the civil service commission, if there is
one, in
accordance with law. In that case, the city employee or
official whose
office is sought to be declared vacant by reason of a failure to give a
new, additional, or increased bond shall have the right to have a hearing
before the civil service commission upon the question involved.
(Source: P.A. 87-1119.)
(65 ILCS 5/5-3-10) (from Ch. 24, par. 5-3-10)
Sec. 5-3-10.
At the first meeting of the council or village board after
this Article 5 becomes effective in any city or village, it shall pass a
general ordinance (1) amplifying the powers and duties of the manager in
conformity with this Article 5, (2) defining the scope of each department
and of each division thereunder, (3) defining and prescribing the powers
and duties of appointive officers and employees, (4) fixing the salaries of
all appointive officers and employees, (5) providing for independent audits
of all accounts of the city or village, which audits shall be conducted
independently of the manager by some person selected by the council or the
village board. Full reports of such audits shall be filed in the public
records of the city or village. The power with respect to such audits shall
not be construed to limit the responsibility of the manager for the proper
expenditure of city or village funds. The council or board may by such
ordinance (1) assign appointive officers and employees to one or more of
the departments, (2) require an appointive officer or employee to perform
duties in 2 or more departments, (3) make such rules and regulations as may
be necessary or proper for the efficient and economical conduct of the
business of the city or village.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/5-3-11) (from Ch. 24, par. 5-3-11)
Sec. 5-3-11.
In any city or village adopting the managerial form of municipal
government, if such city or village has heretofore adopted Division 2 of
Article 9, the council or village board shall by ordinance provide that
the board of local improvements be composed of not less than 3 nor more
than 5 members appointed by the mayor or president of the municipality
with the consent of the council or village board. The board shall have
all powers conferred and all duties imposed by Division 2 of Article 9.
Such members may be appointed from persons holding other offices or
positions in the government of the city or village. If provision is
otherwise made for such functions, it shall not be necessary that any
city or village operating under this Article 5 have the offices of
commissioner of public works, superintendent of streets, superintendent
of special assessments, superintendent of sewers, city engineer, public
engineer or chief clerk of special assessments.
(Source: P.A. 78-418.)
(65 ILCS 5/5-3-12) (from Ch. 24, par. 5-3-12)
Sec. 5-3-12.
Clerk and treasurer; clerical help and subordinates.
The
clerk and treasurer, severally, in cities of not fewer than
100,000 and not more than 500,000 inhabitants operating under this Article
5 shall appoint the various clerical help and subordinates in their
respective offices and shall be held responsible, severally, for the
fidelity of all persons so appointed. A deputy clerk in the city clerk's
office in a city described in this Section shall be
appointed in the manner prescribed in
Section 3.1-30-10.
(Source: P.A. 87-1119.)
(65 ILCS 5/Art. 5 Div. 4 heading)
(65 ILCS 5/Art. 5 Div. 5 heading)
(65 ILCS 5/5-5-1) (from Ch. 24, par. 5-5-1)
Sec. 5-5-1. Petition for abandonment of managerial form; referendum;
succeeding elections of officers and alderpersons or trustees.
(a) A city or village that has operated for 4
years or more under the
managerial form of municipal government may abandon that
organization as provided in this Section. For the purposes of this
Article, the
operation of the managerial form of municipal government shall be deemed
to begin on the date of the appointment of the first manager in
the city or village. When a petition for abandonment
signed by electors of the
municipality equal in number to at least 10% of the number of votes cast
for candidates for mayor at the preceding general quadrennial municipal
election is filed with the circuit court for the county in which that
city or village is located, the court shall set a date not less than 10
nor more than 30 days thereafter for a hearing on the sufficiency of the
petition. Notice of the filing of the petition and of the date of the
hearing shall be given in writing to the city or village clerk and to
the mayor or village president at least 7 days before the date of the
hearing. If the petition is found sufficient, the court shall enter an
order directing that the
proposition be submitted at an election other than a primary election for
the municipality. The clerk of the court shall certify the proposition to
the proper election authorities for submission.
The proposition shall be in substantially the following form:
(b) If the majority of the votes at the
election are "yes", then the
proposition to abandon is rejected and the municipality shall continue
operating under this Article 5. If the majority of the votes are "no",
then the proposition to abandon operation under this Article 5 is
approved.
(c) If the proposition for abandonment is approved, the city or village
shall become subject to Article 3.1 or Article 4,
whichever Article was in force in the city or village
immediately before the adoption of the plan authorized by this Article 5, upon the
election and qualification of officers to be elected at the next
succeeding general municipal election. Those officers shall be those
prescribed by Article 3.1 or Article 4, as the case may be, but the
change shall not in any manner or degree affect the property rights or
liabilities of the city or village. The mayor, clerk, and treasurer and
all other elected officers of a city or village in office at the time
the proposition for abandonment is approved shall continue in office
until the expiration of the term for which they were elected.
(d) If a city or village operating under this Article 5 has alderpersons or
trustees elected from wards or districts and a proposition to abandon operation under this Article 5 is approved, then the officers
to be elected at the next
succeeding general municipal election shall be elected from the same
wards or districts as exist immediately before the abandonment.
(e) If a city or village operating under this Article 5 has a council or
village board elected from the municipality at large and a proposition
to abandon operation under this Article 5 is approved, then
the first group of alderpersons,
board of trustees, or commissioners so elected shall be of the same
number as was provided for in the municipality at the time of the
adoption of a plan under this Article 5, with the same ward or district
boundaries in cities or villages that immediately before the adoption
of this Article 5 had wards or districts, unless the municipal
boundaries have been changed. If there has been such a change,
the council or village board shall so alter the former ward or district
boundaries so as to conform as nearly as possible to the former
division. If the plan authorized by this Article 5 is
abandoned, the next general municipal election for officers shall be
held at the time specified in Section 3.1-10-75 or
3.1-25-15 for that
election. The alderpersons or trustees elected at that election shall, if
the city or village was operating under Article 3 at the time of
adoption of this Article 5 and had at that time staggered 4 year terms
of office for the alderpersons or trustees, choose by lot which shall serve
initial 2 year terms as provided by Section 3.1-20-35 or
3.1-15-5, whichever
may be applicable, in the case of election of those officers at
the first
election after a municipality is incorporated.
(f) The proposition to abandon the managerial form of municipal
government shall not be submitted in any city or village oftener than
once in 46 months.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/5-5-1.1) (from Ch. 24, par. 5-5-1.1)
Sec. 5-5-1.1.
The proposition to abandon the managerial form provided
in Section 5-5-1 shall not be submitted at the
primary election for the municipality.
(Source: P.A. 81-1489.)
(65 ILCS 5/5-5-2) (from Ch. 24, par. 5-5-2)
Sec. 5-5-2.
The petition specified in Section 5-5-1 shall contain a
general statement, of not more than 200 words, of the reasons for which the
change is sought.
The petition shall include substantially the following:
To the Circuit Court of the County of (name of county):
We, the undersigned electors of the city (or village) of....,
entitled to vote for mayor (or president) in the city (or village) of
...., do hereby demand an election on the issue whether to retain the
managerial form for the following reasons: (Here state reasons in not
more than 200 words).
Opposite his signature, each petitioner shall write the street and
number of his residence (if there are such) and the date on which he
signs the sheet. No signature shall be valid unless the requirements in
this paragraph are complied with and unless the date of signing is less
than 4 months preceding the date of filing the petition.
No signature shall be revoked, except by a written revocation filed with
the circuit court with whom the petition is required to be filed before
the petition is filed. Upon the request of any person, the clerk of such
circuit court shall furnish a certified copy of the petition including the
names thereon, upon the payment by that person to the clerk of a fee of $1
for each 100 names thereon.
(Source: P.A. 81-1489.)
(65 ILCS 5/5-5-3) (from Ch. 24, par. 5-5-3)
Sec. 5-5-3.
Jurisdiction is vested in the circuit court to
determine without a jury the sufficiency of the petition.
The clerk of the court, with whom the petition is filed, immediately
after it is filed with him, shall present it to the court. The court
shall then schedule a hearing on the sufficiency of the petition as
provided in Section 5-5-1.
The specified court shall ascertain and declare by the entry of an order,
the sufficiency or insufficiency of the petition.
(Source: P.A. 80-1031.)
(65 ILCS 5/5-5-4) (from Ch. 24, par. 5-5-4)
Sec. 5-5-4.
If the court finds the petition sufficient, it shall order the proposition
to be submitted at an election.
The clerk of the circuit court shall certify the proposition and the order
for submission to the proper election authorities.
(Source: P.A. 81-1489.)
(65 ILCS 5/5-5-5) (from Ch. 24, par. 5-5-5)
Sec. 5-5-5.
Any city or village which has adopted this Article 5 and was
operating under Article 4 at the time of such adoption may upon
abandonment of this Article 5 also abandon operation under Article 4, as
provided in Section 4-10-1, and by so doing shall become subject to the alderperson
form provisions of Article 3 and shall be subject to the
provisions of that Article 3 the same as if it had been operating under
Article 3 at the time this Article 5 was adopted, except for any period of
time after abandonment of this Article 5 necessary to make the provisions
of Article 3 fully and completely applicable.
Any city or village which has adopted this Article 5 and was operating
under Article 3 at the time of such adoption may upon abandonment of this
Article 5 also abandon operation under Article 3 by adopting Article 4, as
provided in Sections 4-2-2 through 4-2-9, and by so doing shall become
subject to the provisions of Article 4 and shall be subject to the
provisions of that Article 4 the same as if it had been operating under
Article 4 at the time this Article 5 was adopted, except for any period of
time after abandonment of this Article 5 necessary to make the provisions
of Article 4 fully and completely applicable.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/5-5-6) (from Ch. 24, par. 5-5-6)
Sec. 5-5-6.
If a city or village operating under this Article 5 desires to submit
(1) the rejection or continuance of the managerial form of municipal
government and (2) the adoption or abandonment of the commission form or
the strong mayor form of municipal government if the managerial
government is abandoned, both propositions may be submitted at the same
election, and may be printed on the same ballot, but each proposition
shall be stated separately. In case the 2 petitions are filed, the time
limitation in Section 5-5-1 shall not apply. If the proposition to
abandon the managerial form of municipal government receives a majority
of the votes and the proposition to adopt or to abandon Article 4 or
Article 6, as the case may be, receives a majority of the votes, the
provision in Section 5-5-1 that such city or village shall become
subject to the provisions of Article 3, 4 or 6, whichever article was in
force in such city or village immediately prior to the abandonment or
the plan authorized by this Article 5 shall not apply. In case the
proposition to abandon the managerial form of municipal government fails
to receive a majority of votes and the proposition to adopt or to
abandon Article 4 or Article 6, as the case may be, receives a majority
of votes, the provisions of Section 5-5-5 shall be applicable.
In case the proposition to abandon the managerial form of municipal
government receives a majority of votes, and the proposition to adopt or
to abandon Article 4 or Article 6, as the case may be, fails to receive
a majority of the votes, the provision in Section 5-5-1 that such city
or village shall become subject to the provisions of Article 3, Article
4 or Article 6, whichever article was in force in such city or village
immediately prior to the adoption of the plan authorized by this Article
5 shall be applicable.
(Source: P.A. 81-1489.)
Structure Illinois Compiled Statutes
65 ILCS 5/ - Illinois Municipal Code.
Article 1 - General Provisions
Article 2 - Organization Of Municipalities
Article 4 - Commission Form Government
Article 5 - Managerial Form Of Municipal Government
Article 6 - Strong Mayor Form Government
Article 9 - Local Improvements