Title III
ADMINISTRATION
Chapters:
30 President; Board of Trustees; Rules of Order
31 Village Officials
32 Government Regulations
32A Village Officials and Employee Ethics
33 Salaries and Wages; Contracts
34 Arrests; Fines and Imprisonment
35 Emergency Service and Disaster Agency
37 Police Department
38 Village Employees
39 Public Library
40 Freedom of Information Procedures
41 Use of Riverton Municipal Building
Chapter 30
PRESIDENT; BOARD OF TRUSTEES; RULES OF ORDER*
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Statutory-reference: See, 65 ILCS 5/3-5-1
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Sections:
President
30.001 Election and term of office.
30.002 Duties.
30.003 Designation of duties.
30.004 Bond; oath; compensation.
30.005 President pro tem.
30.006 President of board of trustees to designate place of election.
30.007 Public service utilities.
30.008 Annual appropriation ordinances; tax levy; collection.
Board of Trustees
30.010 Election; functions.
30.011 Compensation for trustees.
30.012 Meetings.
30.013 Special meetings.
30.014 President.
30.015 Quorum.
30.016 Standing committees.
30.017 Special committees.
30.018 Committee membership.
30.019 Disturbing meetings.
30.020 President to preside– Deciding vote.
30.021 Ordinances– Approval– Veto.
30.022 Reconsideration– Passing over veto.
30.023 Officers not to be interested in village contracts.
Rules of Order
30.025 Order of business.
30.026 Rescinded action.
30.027 Resolutions.
30.028 Addressing meetings.
30.029 Suspension of rules.
30.030 Robert's Rules of Order.
30.031 Meetings to be public.
30.032 No contract without appropriation.
30.033 Meetings: payment of president and trustees.
Vacancies
30.0051 President.
30.0101 Trustee.
30.0102 Vacancy in office in absence of quorum.
30.001 Election and term of office.
The village president shall be elected for a term of four years commencing at the first regular or special meeting of the village board on or after May 1st following his or her election, and shall be the president of the board of trustees as is provided by statute.
(Ord. 2003-008, passed 4-21-03)
30.002 Duties.
He shall be the chief executive officer of the village, and he shall perform all duties that may be required of him by statute or ordinance. He shall have supervision over all executive officers of the village, and he shall have the power and the authority to inspect all books and records kept by any village officer or employee at any reasonable time.
Statutory-reference:
See, 65 ILCS 5/3-12-2
30.003 Designation of duties.
Whenever there is a question as to the respective duties or powers of any appointed officer of the village, this shall be settled by the president; and he shall have the power to delegate to any such officer any duty which is to be performed when no specific officer has been directed to perform that duty.
30.004 Bond; oath; compensation.
(A) Before entering upon the duties of his office, the president shall give a bond with sureties to be approved by the board of trustees conditioned upon the faithful performance of his duties, in the sum as set by legislative authority.
(B) The president of the board of trustees of the Village of Riverton, Sangamon County, Illinois shall perform such duties as are prescribed for him by state statute and ordinances of the Village of Riverton, Illinois.
(C) The compensation of the president of the board of trustees of the village for his services shall be as set by legislative authority.
Statutory-reference:
See, 65 ILCS 5/3-13-6
30.005 President pro tem.
During a temporary absence or disability of the village president, the board of trustees shall elect one of its number to act as president pro tem, who during the absence or disability of the president shall perform the duties pertaining to that office.
30.006 President and board of trustees to designate place of election.
The president and the board of trustees shall designate the place or places in which the election shall be held, and appoint the judges thereof, and cause notice to be printed in some newspaper published in such village, or, if no newspaper is published therein, then in a newspaper with a general circulation in the village, of the time and place of elections.
30.007 Public service utilities.
The president shall have supervision over all public service utilities and all persons or corporations rendering service in the village under any franchise, license, contract or grant made or granted by the village. He shall report to the board of trustees any failure of any such person or corporation to render good service, or to observe the requirements or conditions of the franchise, license, contract or grant under which such public utility is operated.
30.008 Annual appropriation ordinance; tax levy; collection.
(A) The president and the board of trustees shall, as soon as practicable after the commencement of each fiscal year, and within the first quarter of each fiscal year, pass an ordinance to be termed the annual appropriation ordinance; it shall appropriate such sums of money as may be deemed necessary to defray all necessary expenses and liabilities of the village for the current fiscal year; and in such ordinance shall be specified the object and purposes for which such appropriations are made, and the amount appropriated for each object or purpose. No further appropriations shall be made at any other time within such fiscal year, unless the proposition to make each such appropriation has been first sanctioned by a majority of the legal voters of the village, either by a petition signed by them, or at a general or special election called therefor.
(B) The president and the board of trustees shall annually, on or before the third Tuesday in September in each year, ascertain the total amount of appropriations for all corporate purposes legally made, and to be collected from the tax levy of that fiscal year, and by an ordinance specifying in detail the purposes for which such appropriations are made, and the sum or amount appropriated for each purpose, respectively, levy the amount so ascertained upon all the property subject to taxation within the village, as the same is assessed and equalized for state and county purposes for the current year. A certified copy of such ordinance shall be filed with the county clerk of the proper county, whose duty it shall be to ascertain the rate percent which upon the total valuation of all the property subject to taxation within the village, as the same is assessed and equalized for state and county purposes, will produce a net amount not less than the amount so directed to be levied; and it shall be the duty of the county clerk to extend such tax in a separate column upon the book or books of the collector or collectors of state and county taxes within the village; provided, the aggregate amount of taxes levied for any one year, exclusive of the amount levied for the payment of bonded indebtedness or interest thereon, or any other tax for corporate purposes, specially authorized by any law of the state of Illinois, shall not exceed the rate provided by statute.
(C) The tax so assessed shall be collected and enforced in the same manner and by the same officers as state and county taxes, and shall be paid over by the officers collecting the same to the treasurer of the village.
30.010 Election; functions.
The board of trustees shall have six trustees. The trustees shall be elected to office for four-year terms commencing at the first regular or special meeting of the village board on or after May 1st following their election. This board shall be the legislative department of the village government, and shall perform such duties and have such powers as may be delegated to it by statute.
(Ord. 2003-008, passed 4-21-03).
Statutory-reference:
See, Ill. Rev. Stat., Ch. 24, 3-5-2.
30.011 Compensation for trustees.
(A) The compensation for each member of the board of trustees of the village, whether elected or appointed, shall be as set by legislative authority for each regular, stated or special meeting of the village board attended by him.
(B) All trustees may be allowed no more than two absences in each year for which compensation shall be paid at the regular rate. Absences in excess of two shall not be compensated unless such trustee can show due cause for such additional absence such as illness of the trustee, serious illness of a member of the trustee's immediate family, a death in the trustee's immediate family, or other like cause.
(Ord. 74-013, passed 7-2-74).
Statutory-reference:
See, Ill. Rev. Stat., Ch. 24, Sec. 3-13-7.
30.012 Meetings.
The regular meetings of the board of trustees shall be held on the first and third Tuesdays of each month, beginning at 7:30 p.m. Public notice shall be given as provided by statute.
The meeting place of such board shall be the village hall, unless otherwise ordered by the board; provided that if such meeting date should fall on a legal holiday, or if there is no quorum present, the meeting shall be held on the next secular day.
(Ord. 132, passed 6-19-61).
30.013 Special meetings.
Special meetings may be called by the president of the village or any three trustees upon at least twenty-four hours' written notice to all members and the president; provided that if all the trustees are present at a special meeting, no notice of the meeting shall be necessary and such notice shall be deemed waived. Public notice shall be given as provided by statute.
30.014 President.
The village president shall be the presiding officer of all regular and special meetings of the board of trustees and at all times when the board meets as a committee of the whole.
30.015 Quorum.
A majority of the trustees shall constitute a quorum, but no ordinance shall be passed except upon a favorable vote of a majority of the elected members, as is provided by statute.
30.016 Standing committees.
(A) Establishment. The following standing committees of the board of trustees are hereby established:
(1) Administrative. The administrative committee shall monitor and supervise all matters relating to administration of village government, administration of the village personnel code and personnel policies, budget, zoning, annexation and development, land acquisition, finance, grants and loans, licensing, building permits, library, franchises, and all other matters not assigned any other standing committee. The committee shall review and recommend policies and practices respecting these subjects to the board of trustees.
(2) Public Health and Safety. The public health and safety committee shall monitor and supervise all matters relating to police, civil defense, animal control, weeds, trash, mosquitoes, recycling programs and dangerous buildings. The committee shall review and recommend policies and practices respecting these subjects to the board of trustees.
(3) Public Works. The public works committee shall monitor and supervise all matters relating to streets, alleys, sidewalks, ditches, culverts, overlay program, MFT program, snow removal program, traffic codes, public right-of-ways, street lights and signals. The committee shall review and recommend policies and practices respecting these subjects to the board of trustees.
(4) Public Parks and Recreation. The public parks and recreation committee shall monitor and supervise all matters relating to parks maintenance, parks scheduling, summer programs, Riverfest liaison, tree board, and camping sites. The committee shall review and recommend policies and practices respecting these subjects to the board of trustees.
(5) Public Utilities. The public utilities committee shall monitor and supervise all matters relating to water, sewer, gas, and electric matters. The committee shall review and recommend policies and practices respecting these subjects to the board of trustees.
(6) Building, Grounds and Equipment. The building, grounds, and equipment committee shall monitor and supervise all matters relating to construction and maintenance of new and existing buildings and provide oversight of village equipment. The committee shall review and recommend policies and practices respecting these subjects to the board of trustees.
(B) Composition.
(1) The committees shall be composed of three trustees, one of whom shall be the chairperson.
(2) The president shall be an ex-officio, non-voting member of all committees other than the administrative committee, of which the president is a voting member.
(C) Appointment of Committee Members. Members of all standing committees and the chairperson shall be appointed by the president with the advise and consent of the board of trustees.
(D) Committee Meetings.
(1) All committee meetings shall be conducted in accordance with Robert's Rules of Order, or other such rules of procedure as may be adopted by the committee.
(2) A majority of the members appointed to any committee constitutes a quorum. Ex-officio members may not be counted for the purpose of determining the presence of a quorum.
(3) Meetings of the committees may be called by the chairperson. The chairperson shall within two days call a meeting upon the written request of a majority of the members thereof.
(4) Notice of meetings of committees shall be duly posted or published and such meetings shall be open to the public, and otherwise conducted in full compliance with the Illinois Open Meetings Act as amended from time to time.
(E) Reports.
(1) Any written committee reports shall be signed by a majority of the members thereof and filed with the village clerk. Minority reports may be filed.
(2) The chairperson of each committee shall report committee action to the president and board of trustees at the regular board meeting thereof next ensuing after the occurrence of such committee action.
(3) The president shall promptly advise the appropriate committee chairperson of actions or occurrences relating to the subject of review, or filed of responsibility, which do not comport with policies, procedures or practices approved by the committee or the board of trustees; in case of any emergency concerning the subject or responsibility of a standing committee, the president or such other responsible village official or employee shall promptly advise the chairperson of such committee of the occurrence. The chairperson shall forthwith advise the members of said committee of such emergency and shall take such actions as may be deemed necessary and convenient, all circumstances considered.
(4) The president shall provide each committee copies of correspondence and documents received and engaged in by the president relative to the subject of review of field of responsibility of the appropriate committee. The chairperson of each committee shall provide the president with copies of correspondence and documents received or engaged in by the committee relative to its subject of review or field of responsibility.
(F) Terms of Appointments. Appointments to all committees shall become effective upon approval of such appointment by the board of trustees of the village. Appointments of standing committees shall be for one year or for the appointee's term of office, which ever occurs sooner, unless sooner terminated by law, resignation, or action of the board of trustees. Appointments to other committees shall be for the duration of the committee or the appointee's term of office, whichever occurs sooner, unless sooner terminated by law, resignation or action of the board of trustees.
(Ord. 93-010, passed 5-4-93; Ord. 95-018, passed 9-22-5; Ord. 96-023, passed 7-1-96; Ord. 99-020, passed 5-25-99).
30.017 Special committees.
Special committees shall be created from time to time as is directed by the board.
30.018 Committee membership.
All standing and special committees shall be composed of two members, including the chairman, unless the board directs otherwise. All committees shall be appointed by the village president.
(Ord. 84-015, passed 8-7-84).
30.019 Disturbing meetings.
It shall be unlawful for any person to disturb any meeting of the board of trustees or of any committee thereof; any person violating the provisions of this section shall be fined not less than one dollar nor more than ten dollars for each offense.
30.020 President to preside– Deciding vote.
The village president shall preside at all meetings of the village board. He shall not vote on any ordinance, resolution or motion except: (1) where the vote of the trustees has resulted in a tie; (2) where one-half of the trustees have voted in favor of an ordinance, resolution or motion even though there is no tie vote. In both instances specified, the village president shall vote. Nothing in this section shall deprive an acting president or president pro tem from voting in his capacity as trustee, but he shall not be entitled to another vote in his capacity as acting president or president pro tem.
30.021 Ordinances– Approval– Veto.
All resolutions and motions: (1) which create any liability against the village; or (2) which provide for the expenditure or appropriation of its money; or (3) which sell any village property shall be published according to law. All ordinances passed by the village board shall be deposited with the village clerk. If the president approves of them he shall sign them. Those of which he disapproves, he shall return to the village board, with his written objections, at the next regular meeting of the board occurring not less than five days after their passage. The 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 village 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 village president may disapprove entirely of an ordinance, resolution or motion making an appropriation. If the village president fails to return any ordinance or any specified resolution with his written objections, within the designated time, it shall become effective despite the absence of his signature.
30.022 Reconsideration– Passing over veto.
Every resolution and motion specified in the preceding section, and every ordinance, which is returned to the board of trustees by the village president shall be reconsidered by the board of trustees. If, after such reconsideration, two-thirds of all the trustees elected to the village board shall agree to pass an ordinance, resolution or motion notwithstanding the president's refusal to approve it, then it shall be effective. The vote on the question of passage over the president's veto shall be by yeas and nays, and shall be recorded in the journal.
30.023 Officers not to be interested in village contracts.
No member of the board of trustees or other village officer shall be directly or indirectly interested in any contracts, work or business of the village, or the sale of any article, the expense, price or consideration of which is paid from the treasury, or by any assessment levied by any act or ordinance; nor in the purchase of any real estate or other property belonging to the corporation, or which shall be sold for taxes or assessments, or by virtue of legal process at the suit of such corporation.
30.025 Order of business.
The order of business to be observed at all meetings of the village board shall be as follows:
(A) Roll call;
(B) The reading of the minutes of the preceding meeting and approval of the same;
(C) Reports of village officers;
(D) Reports of standing committees;
(E) Presentation of petitions, resolutions and ordinances;
(F) Unfinished business;
(G) Reports of special committees;
(H) New business;
(I) Communications;
(J) Bills– miscellaneous business.
30.026 Rescinded action.
No vote or action of the board of trustees shall be rescinded at any special meeting of the board of trustees unless there is present at such special meeting as many members of the board of trustees as were present at the meeting when such vote or action was taken, as provided by statute.
30.027 Resolutions.
Any resolution submitted to the board of trustees shall be reduced to writing before being voted upon, on request of any two members of the board.
30.028 Addressing meetings.
No person other than the president or a member of the board shall address that body at any regular or special meeting except upon consent of a majority of the members present.
30.029 Suspension of rules.
The rules of order, other than those prescribed by statute, may be suspended at any time by the consent of a majority of the members present at any meeting.
30.030 Robert's Rules of Order.
Robert's Rules of Order shall govern the deliberations of the board of trustees except when in conflict with any of the foregoing rules.
30.031 Meetings to be public.
All meetings of the board of trustees at which any action is taken affecting the municipality shall be open to the public, except where otherwise provided by statute.
30.032 No contract without appropriation.
No contract shall hereafter be made by the president and the board of trustees, or any committee or member thereof; and no expense shall be incurred by any officer, or any of the officers or departments of the village, whether the object of the expenditure shall have been ordered by the president and the board of trustees or not, unless an appropriation shall have been previously made concerning such expense, except as herein otherwise expressly provided.
30.033 Meetings: payment of president and trustees.
(A) For terms of office beginning after the consolidated election of April, 1997 of the president of the board of trustees of the village, the president will receive for his/her services two hundred dollars for his/her attendance at each regular or special meeting of the board of trustees. The president may be allowed two absences in each year for which compensation may be paid at the rate set herein. The president may miss more than two meetings per year and still receive payment at the set rate if such president can show due cause for such additional absences such as illness of the president, serious illness of a member of the president's immediate family, a death in the president's immediate family, or other like cause.
(B) For terms of office beginning after the consolidated election of April, 1995 of the present trustees of the village, the members of the board of trustees of the village will each receive for his/her services fifty dollars for his/her attendance at each regular or special meeting of the board of trustees. Each trustee may be allowed two absences in each year for which compensation may be paid at the rate set herein. A trustee may miss more than two meetings per year and still receive payment at the set rate if such trustee can show due cause for such additional absences such as illness of the trustee, serious illness of a member of the trustee's immediate family, a death in the trustee's immediate family, or other like cause.
(Ord. 79-004, passed 4-3-79; Amending Ord. 83-002, passed 1-18-83; Ord. 84-020, passed 2-18-84; Amending Ord. 95-003, passed 1-30-95).
30.0051 President.
If a vacancy occurs in the office of the president, and there remains an unexpired portion of the term of at least twenty-eight months, and the vacancy occurs at least one hundred thirty days before the general and municipal election next scheduled under the general election law, the vacancy shall be filled at that general municipal election. The board of trustees shall elect one of its members acting president who shall perform the duties and possess all the rights and powers of the president until a successor to fill the vacancy has been elected and has qualified. If the vacancy occurs later than the time provided herein, the vacancy shall be filled by the board of trustees electing one of its members acting president who shall perform the duties and possess all the rights and powers of the president until a president is elected at the next general municipal election and has qualified.
(Ord. 84-008, passed 6-19-84).
30.0101 Trustee.
Whenever a vacancy in the office of a trustee occurs, and there remains an unexpired portion of the term of at least twenty-eight months and the vacancy occurs at least one hundred thirty days before the general municipal election next scheduled under the general election law, the vacancy shall be filled at that general municipal election. During the period from the time that the vacancy occurs until a trustee is elected, and has qualified, the vacancy may be filled by the appointment of a trustee by the president and the remaining trustees, voting jointly. If the vacancy occurs later than the time provided herein, the vacancy may be filled by the appointment of a trustee by the president and remaining trustees, voting jointly.
(Ord. 84-008, passed 6-19-84).
30.0102 Vacancy in office in absence of quorum.
If there is a vacancy in an elective office, and if for any reason, there is not a quorum in office of the corporate authorities, appointment to fill vacancies may be made or confirmed by a majority of the corporate authorities holding office at the time of confirmation.
(Ord. 84-008, passed 6-19-84).
Chapter 31 Sections:
Village Clerk
31.001 Election and term.
31.002 Bond.
31.003 Signatures.
31.004 Duties.
31.005 Records.
31.006 Seal.
31.007 Documents.
31.008 Indices.
31.009 Additional duties.
31.010 Vacancies.
31.011 Clerk pro tem.
31.012 Compensation for village clerk.
Village Treasurer
31.015 Appointment; term.
31.016 Oath and bond.
31.017 Receive money; keep accounts; give receipts.
31.018 Keep register.
31.019 Not to use village funds.
31.020 Report of delinquent officers.
31.021 Method of keeping books.
31.022 Monthly statements to president and board of trustees.
31.023 Annual report; publication.
31.001 Election and term.
The village clerk shall be elected and serve for a four-year term commencing at the first regular or special meeting of the village board on or after May 1st following his or her election, and until his or her successor is elected and qualified as is provided by statute.
(Ord. 2003-008, passed 4-21-03)
Statutory-reference:
See, Ill. Rev. Stat., Ch. 24, Sec. 3-5-9.
31.002 Bond.
Before entering upon the duties of his office, the village clerk shall execute a bond in such amount and with such sureties as is provided by statute, conditioned upon the faithful performance of his duties.
31.003 Signatures.
The clerk shall seal and attest all contracts of the village and all licenses, permits and documents as shall require this formality.
31.004 Duties.
The clerk shall keep the minutes of the board of trustees and preserve all ordinances enacted in an ordinance book as provided by statute.
Statutory-reference:
See, Ill. Rev. Stat., Ch. 24, Sec. 3-10-7.
31.005 Records.
In addition to the record of ordinances and other records which the clerk is required by statute to keep, he shall keep a register of all licenses and permits issued; and the payments thereon; a record showing all of the officers and regular employees of the village; and such other records as may be required by the board of trustees.
31.006 Seal.
The clerk shall be the custodian of the village seal, and shall fix its impression on documents whenever this is required.
31.007 Documents.
The clerk shall be the custodian of all documents belonging to the village which are not assigned to the custody of some other officer.
31.008 Indices.
The clerk shall keep and maintain a proper index to all documents and records kept by him, so that ready access thereto may be had.
31.009 Additional duties.
In addition to the duties herein provided, the clerk shall perform such other duties and functions, as may be required by statute or ordinance.
Statutory-reference:
See, Ill. Rev. Stat., Ch. 24, Sec. 3-10-7.
31.010 Vacancies.
In case the office of village clerk shall become vacant for any reason, the president and board of trustees shall appoint an acting clerk, as is provided by statute.
Statutory-reference:
See, Ill. Rev. Stat., Ch. 24, Sec. 3-5-9.
31.011 Clerk pro tem.
During a temporary absence or disability of the village clerk, the board of trustees shall elect a resident of the village to act as clerk pro tem, who during the absence of the clerk shall perform the duties of the clerk.
31.012 Compensation for village clerk.
From and after the expiration of the present term of office of the village clerk, the village clerk will receive for his or her services four hundred dollars per month. The village clerk may be allowed two absences in each year for which compensation may be paid at his or her full compensation if such clerk can show due cause for such additional absences such as illness of the clerk, serious illness of a member of the clerk's immediate family, a death in the clerk's immediate family or other like cause.
(Ord. 89-003, passed 1-7-89).
31.015 Appointment; term.
(A) There is created the office of treasurer, who shall be appointed annually on May 1 of each year, by the president and board of trustees.
(B) He shall serve for a term of one year or until his successor has been duly appointed and qualified.
31.016 Oath and bond.
The village treasurer, before entering upon the duties of his office, shall take the oath of office prescribed for village officers and execute a bond to the village in the penal sum of double the amount of the taxes to be collected during the fiscal year, with not less than 2 good and sufficient sureties, to be approved by the president and board of trustees, conditioned for the faithful performance of the duties of his office and the payment of all money received by him according to law and the ordinances of the village.
Statutory-reference:
Duties, see Ill. Rev. Stat., Ch. 24, Sec. 3-10-1
31.017 Receive money; keep accounts; give receipts.
The village treasurer shall receive all moneys belonging to the village, and shall keep a separate account of each fund or appropriation and debts and credits belonging thereto. He shall give to every person paying money into the village treasury a receipt therefor, specifying the date of payment, and upon what account paid, and he shall file copies of such receipts with the village clerk at the date of his monthly report.
31.018 Keep register.
He shall keep an accurate register of all warrants redeemed and paid by him, showing the number, date and amount of each, the fund from which paid, and the name of the person to whom paid, as well as when paid; and he shall cancel all warrants as soon as redeemed by him.
31.019 Not to use village funds.
The village treasurer shall keep all moneys in his hands belonging to the village separate and distinct from his own money, and he is hereby expressly prohibited from using, either directly or indirectly, the village money or warrants, in his custody or keeping, for his own use or benefit, or that of any other person or persons whomsoever; and any violation of this section shall subject him to removal from office by the president and board of trustees.
31.020 Report of delinquent officers.
It shall be the duty of the village treasurer to report to the village clerk any officer authorized to receive money for the use of the village who may fail to make a return of the moneys so received by him at the time required by law, or by the ordinances of the village.
31.021 Method of keeping books.
The village treasurer shall keep his books and accounts in such manner as to show with entire accuracy all moneys received and disbursed by him for the village, stating from whom and what amount received, and to whom and on what account paid out, and in such way that such books and accounts will exhibit at all times the true financial condition of the village, and in such manner as may be readily investigated and understood; and the same, together with all files and papers of such office, shall at all times be open to examination by the president, the clerk, the committee on finance or any member of the board of trustees.
31.022 Monthly statement to president and board of trustees.
The village treasurer shall, at the first regular meeting in each month, render an account, under oath, showing the state of the treasury at the date of such account, the condition of each appropriation, and the balance of money in the treasury. He shall also accompany such accounts with a statement of all moneys received into the treasury and on what account, together with all warrants redeemed and paid by him, which such warrants, with any and all vouchers held by him, shall be delivered to the village clerk, and filed with his account in the village clerk's office upon the day of such settlement. He shall return all warrants paid by him and stamped and marked "paid." He shall keep a register of all warrants.
31.023 Annual report; publication.
The village treasurer shall report to the president and board of trustees as often as required a full and detailed account of all the receipts and expenditures of the corporation, as shown by his books, up to the time of said report; and he shall annually, prior to September 1 of each year, make out and file with the clerk a full and detailed account of all such receipts and expenditures, and of all his transactions, as such treasurer, during the preceding fiscal year, and shall show in such account the state of the treasury at the close of the fiscal year; which account the clerk shall immediately cause to be published in a newspaper printed in such village, if there be one, and if not, then by printing in a newspaper having a general circulation within the village.
Chapter 32 Sections:
32.001 Effect.
32.002 Appointments.
32.003 Term of office; vacancies.
32.004 Moneys received.
32.005 Oath.
32.006 Salaries.
32.007 Assignment of duties.
32.008 Records.
32.009 Bond.
32.010 Arrests.
32.011 Termination of office.
32.012 The municipal year.
32.013 The fiscal year.
CODE OF ETHICS
32.015 Declaration of policy.
32.016 Conflict of interest.
32.017 Disclosure of income.
32.018 Future employment.
32.019 Enforcement.
32.020 Cellular phone service.
32.021 Equipment and credit card use.
32.001 Effect.
The provisions of this chapter shall apply alike to all officers and employees of the village, regardless of the time of the creation of the office or position or the time of appointment of the officer or employee.
32.002 Appointments.
All officers other than elective officers shall be appointed by the president and board of trustees, as is provided by statute; provided that all employees shall, in the absence of any provision to the contrary, be appointed or selected by the village president and board of trustees.
32.003 Term of office; vacancies.
(A) Every appointive officer of the village shall hold office until the first of May following this appointment, or until his successor is appointed and qualified, unless it is otherwise provided by law.
(B) In case of a vacancy in any such office, it shall be filled in the same manner as which appointments or selections are made unless it is otherwise provided by law.
32.004 Moneys received.
Every officer of the village shall at least once a month turn over all money received by him in his official capacity to the treasurer with a statement showing the source from which the same was received.
32.005 Oath.
Every officer of the village shall, before entering upon his duties, take the oath prescribed by statute.
32.006 Salaries.
All officers and employees of the village shall receive such salary and reimbursement for special expenses as may be from time to time provided by ordinance.
32.007 Assignment of duties.
The board of trustees shall have the power to assign to any appointive officer any duty which is not assigned by ordinance to some other specific officer; and shall determine disputes or questions relating to the respective powers or duties of officers.
32.008 Records.
All records kept by any officer of the village shall be open to inspection by the president, or any member of the board of trustees at all reasonable times, whether or not such records are required to be kept by statute or ordinance.
32.009 Bond.
Every officer and employee shall, if required by the board of trustees, upon entering upon the duties of his office, give a bond in such amount and with such sureties as may be determined by the board, conditioned upon the faithful performance of the duties of his office or position.
32.010 Arrests.
The village president, village trustees, members of the fire department, as well as every member of the police department, are declared to be conservators of the peace with such powers to make arrests as are given to conservators of the peace by statute.
32.011 Termination of office.
Every officer and employee of the village, upon the expiration of his term for any cause whatsoever, shall deliver to his successor all books and records which may be the property of the village, and if no successor has been appointed within one week after the termination of office, such property shall be delivered either to the village clerk or the village treasurer.
32.012 The municipal year.
The municipal year of the Village of Riverton shall commence on May 1, in each year.
32.013 The fiscal year.
The fiscal year of the Village of Riverton shall commence on May l, in each year.
32.015 Declaration of policy.
The proper operation of democratic government requires that public office not be used for personal gain. In recognition of this goal there is hereby established this code of ethics for all officials and employees, whether elected or appointed, paid or unpaid. The provisions and purpose of this code and such rules and regulations as may be established pursuant hereto, are declared to be in the best interest of the Village of Riverton.
32.016 Conflict of interest.
(A) No elected official or other official or employee, whether paid, or unpaid, shall engage in any business or transaction or shall have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties in the public interest or would tend to impair his independence of judgment or action in the performance of his official duties. Personal as distinguished from financial interest includes an interest arising from blood or marriage relationships or close business association.
(B) The following are hereby designated as constituting conflicts of interest:
(1) Engaging in or accepting private employment or rendering services for private interests when such employment or service is incompatible with the proper discharge of official duties or would tend to impair independence of judgment or action in performance of official duties.
(2) Appear on behalf of private interests before any agency of the village excepting without compensation and only in the course of duties as a representative of the electorate or in the performance of public or civic obligations.
(3) Failing to disclose the full nature and extent of a substantial or controlling financial interest in or any substantial dealings as a debtor, creditor or otherwise in connection with any business entity contracting with the village for the sale of real estate, materials, supplies or services. Such official, with or without such disclosure, shall refrain from voting upon or otherwise participating in any such transaction, contract or sale.
32.017 Disclosure of income.
An official or employee, whether paid or unpaid, who has a direct or indirect financial or other interest in any transaction, the disposition of which may be influenced by his official position or action, shall disclose all sources of income and the nature and extent of any personal interest in such transaction as an officer, agent, member, or owner of any business entity or other association which is subject to regulation by the village. Such disclosure shall remove any presumption of conflict of interest for any transaction where the information disclosed is pertinent.
32.018 Future employment.
It shall be improper for any administrative member of the staff or any appointive official serving on the zoning board of appeals to appear within a period of two years after the termination of his employment for the village or the termination of the appointive official's term of office before the agency in which he was formerly employed in connection with any case or other matter with which he was directly connected while an official or employee, or as a member of the zoning board of appeals.
32.019 Enforcement.
Nothing herein contained shall create or detract from the civil or criminal liability of any public official or employee, or any other laws or ordinances. Violations of any provisions of this code shall constitute a cause for suspension, removal from office or employment, or other disciplinary action by the appropriate authority.
32.020 Cellular phone service.
The village hereby terminates all cellular phone service for elected and appointed officers and employees, except a single cellular phone for the police department.
The office manager is directed forthwith to cancel all cellular phone service agreements, except for the police cellular phone, on the most favorable terms she can obtain for the village.
(Ord. 95-020, passed 10-2-95).
32.021 Equipment and credit card use.
All elected officials of the Village of Riverton shall forthwith turn in all village-owned equipment in their personal possession, including but not limited to computers, radios and automobiles, to the village hall.
All elected village officials shall immediately return all village credit cards to the office manager.
Nothing in this section shall be construed as preventing any elected official from properly utilizing village equipment in the performance of his or her duties. However, all such equipment shall remain in the custody and control of the village departments when it is not in actual use. It shall be checked in and out when in actual use.
(Ord. 95-021, passed 11-6-95).
Chapter 32A Sections:
32A.001 Definitions.
32A.002 Prohibited political activities.
32A.003 Gift ban– General rule.
32A.004 Exceptions to general rule.
32A.005 Disposition of gifts.
32A.006 Ethics advisor.
32A.007 Penalties. * Prior ordinance history: 99-018.
32A.001 Definitions.
As used in this chapter, the following terms shall have the following meanings:
"Campaign for elective office" means any activity in furtherance of an effort to influence the selection, nomination, election, or appointment of any individual to any federal, state, or local public office or office in a political organization, or the selection, nomination, or election of presidential or vice-presidential electors, but does not include activities (i) relating to the support or opposition of any executive, legislative, or administrative action, (ii) relating to collective bargaining, or (iii) that are otherwise in furtherance of the person's official duties.
"Candidate" means a person who has filed nominating papers or petitions for nomination or election to an elected office, or who has been appointed to fill a vacancy in nomination, and who remains eligible for placement on the ballot at a regular election, as defined in Section 1-3 of the Election Code
(10 ILCS 5/1-3).
"Collective bargaining" has the same meaning as that term is defined in Section 3 of the Illinois Public Labor Relations Act
(5 ILCS 315/3).
"Compensated time" means, with respect to an employee, any time worked by or credited to the employee that counts toward any minimum work time requirement imposed as a condition of his or her employment, but for purposes of this chapter, does not include any designated holidays, vacation periods, personal time, compensatory time off or any period when the employee is on a leave of absence. With respect to officers or employees whose hours are not fixed, "compensated time" includes any period of time when the officer is on premises under the control of the employer and any other time when the officer or employee is executing his or her official duties, regardless of location.
"Compensatory time off" means authorized time off earned by or awarded to an employee to compensate in whole or in part for time worked in excess of the minimum work time required of that employee as a condition of his or her employment.
"Contribution" has the same meaning as that term is defined in Section 9-1.4 of the Election Code
(10 ILCS 5/9-1.4).
"Employee" means a person employed by the village, whether on a full-time or part-time basis or pursuant to a contract, whose duties are subject to the direction and control of an employer with regard to the material details of how the work is to be performed, but does not include an independent contractor.
"Employer" means the village.
"Gift" means any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible or intangible item having monetary value including, but not limited to, cash, food and drink, and honoraria for speaking engagements related to or attributable to government employment or the official position of an officer or employee.
"Leave of absence" means any period during which an employee does not receive (i) compensation for employment, (ii) service credit towards pension benefits, and (iii) health insurance benefits paid for by the employer.
"Officer" means a person who holds, by election or appointment, an office created by statute or ordinance, regardless of whether the officer is compensated for service in his or her official capacity.
"Political activity" means any activity in support of or in connection with any campaign for elective office or any political organization, but does not include activities (i) relating to the support or opposition of any executive, legislative, or administrative action, (ii) relating to collective bargaining, or (iii) that are otherwise in furtherance of the person's official duties.
"Political organization" means a party, committee, association, fund, or other organization (whether or not incorporated) that is required to file a statement of organization with the State Board of Elections or a county clerk under Section 9-3 of the Election Code (10 ILCS 5/9-3), but only with regard to those activities that require filing with the State Board of Elections or a county clerk.
"Prohibited political activity" means:
(1) Preparing for, organizing, or participating in any political meeting, political rally, political demonstration, or other political event;
(2) Soliciting contributions, including but not limited to the purchase of, selling, distributing, or receiving payment for tickets for any political fundraiser, political meeting, or other political event;
(3) Soliciting, planning the solicitation of, or preparing any document or report regarding anything of value intended as a campaign contribution;
(4) Planning, conducting, or participating in a public opinion poll in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question;
(5) Surveying or gathering information from potential or actual voters in an election to determine probable vote outcome in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question;
(6) Assisting at the polls on election day on behalf of any political organization or candidate for elective office or for or against any referendum question;
(7) Soliciting votes on behalf of a candidate for elective office or a political organization or for or against any referendum question or helping in an effort to get voters to the polls;
(8) Initiating for circulation, preparing, circulating, reviewing, or filing any petition on behalf of a candidate for elective office or for or against any referendum question;
(9) Making contributions on behalf of any candidate for elective office in that capacity or in connection with a campaign for elective office;
(10) Preparing or reviewing responses to candidate questionnaires;
(11) Distributing, preparing for distribution, or mailing campaign literature, campaign signs, or other campaign material on behalf of any candidate for elective office or for or against any referendum question;
(12) Campaigning for any elective office or for or against any referendum question;
(13) Managing or working on a campaign for elective office or for or against any referendum question;
(14) Serving as a delegate, alternate, or proxy to a political party convention; or
(15) Participating in any recount or challenge to the outcome of any election.
"Prohibited source" means any person or entity who:
(1) Is seeking official action by an officer or by an employee, or by the officer or another employee directing that employee;
(2) Does business or seeks to do business with the officer or with an employee, or with the officer or another employee directing that employee;
(3) Conducts activities regulated by the officer or by an employee, or by the officer or another employee directing that employee; or
(4) Has interests that may be substantially affected by the performance or non-performance of the official duties of the officer or employee.
"Village" means the Village of Riverton, Illinois.
(Ord. 2004-013, passed 5-3-04).
32A.002 Prohibited political activities.
(A) No officer or employee shall intentionally perform any prohibited political activity during any compensated time, as defined herein. No officer or employee shall intentionally use any property or resources of the village in connection with any prohibited political activity.
(B) At no time shall any officer or employee intentionally require any other officer or employee to perform any prohibited political activity (i) as part of that officer or employee's duties, (ii) as a condition of employment, or (iii) during any compensated time off (such as holidays, vacation or personal time off).
(C) No officer or employee shall be required at any time to participate in any prohibited political activity in consideration for that officer or employee being awarded additional compensation or any benefit, whether in the form of a salary adjustment, bonus, compensatory time off, continued employment or otherwise, nor shall any officer or employee be awarded additional compensation or any benefit in consideration for his or her participation in any prohibited political activity.
(D) Nothing in this section prohibits activities that are permissible for an officer or employee to engage in as part of his or her official duties, or activities that are undertaken by an officer or employee on a voluntary basis which are not prohibited by this chapter.
(E) No person either (i) in a position that is subject to recognized merit principles of public employment or (ii) in a position the salary for which is paid in whole or in part by federal funds and that is subject to the federal standards for a merit system of personnel administration applicable to grant-in-aid programs, shall be denied or deprived of employment or tenure solely because he or she is a member or an officer of a political committee, of a political party, or of a political organization or club.
(Ord. 2004-013, passed 5-3-04).
32A.003 Gift ban– General rule.
Except as permitted by this chapter, no officer or employee, and no spouse of or immediate family member living with any officer or employee (collectively referred to herein as "recipients"), shall intentionally solicit or accept any gift from any prohibited source, as defined herein, or which is otherwise prohibited by law or ordinance. No prohibited source shall intentionally offer or make a gift that violates this section.
(Ord. 2004-013, passed 5-3-04).
32A.004 Exceptions to general rule.
Section 32A.003 is not applicable to the following:
(A) Opportunities, benefits, and services that are available on the same conditions as for the general public;
(B) Anything for which the officer or employee, or his or her spouse or immediate family member, pays the fair market value;
(C) Any (i) contribution that is lawfully made under the Election Code or (ii) activities associated with a fundraising event in support of a political organization or candidate;
(D) Educational materials and missions;
(E) Travel expenses for a meeting to discuss business;
(F) A gift from a relative, meaning those people related to the individual as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, and including the father, mother, grandfather, or grandmother of the individual's spouse and the individual's fiancé or fiancée;
(G) Anything provided by an individual on the basis of a personal friendship unless the recipient has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the recipient or his or her spouse or immediate family member and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the recipient shall consider the circumstances under which the gift was offered, such as : (i) the history of the relationship between the individual giving the gift and the recipient of the gift, including any previous exchange of gifts between those individuals; (ii) whether to the actual knowledge of the recipient the individual who gave the gift personally paid for the gift or sought a tax deduction or business reimbursement for the gift; and (iii) whether to the actual knowledge of the recipient the individual who gave the gift also at the same time gave the same or similar gifts to other officers or employees, or their spouses or immediate family members;
(H) Food or refreshments not exceeding seventy-five dollars per person in value on a single calendar day; provided that the food or refreshments are (i) consumed on the premises from which they were purchased or prepared or (ii) catered. For the purposes of this section, "catered" means food or refreshments that are purchased ready to consume which are delivered by any means;
(I) Food, refreshments, lodging, transportation, and other benefits resulting from outside business or employment activities (or outside activities that are not connected to the official duties of an officer or employee), if the benefits have not been offered or enhanced because of the official position or employment of the officer or employee, and are customarily provided to others in similar circumstances;
(J) Intra-governmental and inter-governmental gifts. For the purpose of this chapter, "intra-governmental gift" means any gift given to an officer or employee from another officer or employee, and "inter-governmental gift" means any gift given to an officer or employee by an officer or employee of another governmental entity;
(K) Bequests, inheritances, and other transfers at death;
(L) Any item or items from any one prohibited source during any calendar year having a cumulative total value of less than one hundred dollars.
Each of the exceptions listed in this section is mutually exclusive and independent of every other.
(Ord. 2004-013, passed 5-3-04).
32A.005 Disposition of gifts.
An officer or employee, his or her spouse or an immediate family member living with the officer or employee, does not violate this chapter if the recipient promptly takes reasonable action to return a gift from a prohibited source to its source or gives the gift or an amount equal to its value to an appropriate charity that is exempt from income taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as now or hereafter amended, renumbered, or succeeded.
(Ord. 2004-013, passed 5-3-04).
32A.006 Ethics advisor.
The village attorney shall be the ethics advisor for the village. As such, the village attorney shall provide guidance to the officers and employees of the village concerning the interpretation of and compliance with the provisions of this chapter and state ethics laws.
(Ord. 2004-013, passed 5-3-04).
32A.007 Penalties.
Persons violating this chapter shall be subject to a fine of up to seven hundred fifty dollars per offense. Violations shall be prosecuted by the village attorney at the specific request of a majority of corporate authorities upon motion made, seconded and adopted. In any case where a member of the corporate authority is accused of a violation of this chapter, such member shall abstain from any such vote. In any case of an alleged violation of this chapter by the village attorney or by a member of the corporate authorities, the village shall obtain separate counsel to handle the prosecution. In a case where the corporate authorities believe a criminal act has occurred, they may direct the village attorney to refer the matter to the states attorney for prosecution.
(Ord. 2004-013, passed 5-3-04).
Chapter 33 Sections:
ARTICLE I. SALARIES AND WAGES
33.001 Salaries and wages.
ARTICLE II. CONTRACTS AND CONTRACTORS
33.005 Competitive bidding required.
33.006 Formal contract procedure.
33.007 Preparation of plans.
33.008 Notice inviting bids.
33.009 Scope of notice.
33.010 Bid deposits.
33.011 Bid opening procedure.
33.012 Rejection of bids.
33.013 Bidders in default to the village.
33.014 Award of contract.
33.015 Failure to enter into contract; disability.
33.016 Execution of contract.
33.017 Essential clauses.
33.018 Open market procedure.
33.019 Professional services exempt from bidding requirements.
33.020 Emergency purchases.
33.021 Cooperative purchasing.
33.022 Expenditure authority.
ARTICLE I. 33.001 Salaries and wages.
The salaries and wages of all village officials and employees shall be as established from time to time by ordinance enacted by the president and board of trustees.
(Ord. 88-007, passed 7-5-88).
ARTICLE II. 33.005 Competitive bidding required.
Any work or other public improvement which is not to be paid for in whole or in part by special assessment or special taxation, and all purchases of and contracts for supplies, materials and services shall, except as specifically provided herein, be based whenever possible on competitive bids.
(Ord. 88-007, passed 7-5-88).
33.006 Formal contract procedure.
All work or other public improvement which is not to be paid for in whole or in part by special assessment or special taxation, and all purchases, orders or contracts for supplies, materials, equipment or contractual services except as otherwise provided herein, when the estimated cost thereof shall exceed five thousand dollars, shall be purchased from the lowest responsible bidder, after due notice inviting bids, unless competitive bidding is waived by a vote of two-thirds of the trustees then holding office.
(Ord. 88-007, passed 7-5-88).
33.007 Preparation of plans.
It shall be the duty of the village engineer to prepare a plan or profile of the proposed work or public improvement, ordered by the trustees, with specifications for the construction of the same, which shall be kept on file in his office, and be open to the inspection of village officers and other persons interested therein.
(Ord. 88-007, passed 7-5-88).
33.008 Notice inviting bids.
Notice inviting bids shall be published at least once in a newspaper with general circulation within the village. The village shall also advertise all pending work or purchases by posting a notice in the village hall. The president of the board of trustees is authorized to prepare the notice and to advertise the same as soon as the special tax or special assessment for any such work or public improvement shall have been finally confirmed as provided by law, and sooner if deemed expedient by the board of trustees. Such notice shall be published and posted for at least ten days before the date fixed for the opening of such proposals.
(Ord. 88-007, passed 7-5-88).
33.009 Scope of notice.
The notice required herein shall include a general description of the work to be performed or the articles to be purchased, shall state where specifications may be secured, and the time and place for opening bids.
(Ord. 88-007, passed 7-5-88).
33.010 Bid deposits.
When deemed necessary by the board of trustees, bid deposits shall be prescribed in the public notices inviting bids. Unsuccessful bidders shall be entitled to the return of their bid deposits upon the award of the contract by the board of trustees. A successful bidder shall forfeit any bid deposit required by the board of trustees upon failure on his part to enter into a contract within ten days after the award.
(Ord. 88-007, passed 7-5-88).
33.011 Bid opening procedure.
(A) Sealed. Bids shall be submitted sealed to the village and shall be identified as bids on the envelope.
(B) Opening. Bids shall be opened in public at the time and place stated in the public notice.
(C) Tabulation. A tabulation of all bids received shall be made by the board of trustees or by a village employee, in which event a tabulation of the bids shall be furnished to the board of trustees at its next regular meeting.
(Ord. 88-007, passed 7-5-88).
33.012 Rejection of bids.
The village shall have the authority to reject all bids or parts of all bids when the best interests of the village will be served thereby.
(Ord. 88-007, passed 7-5-88)
33.013 Bidders in default to the village.
The village shall not accept the bid of a contractor who is in default on the payment of taxes, licenses or other monies due the village.
(Ord. 88-007, passed 7-5-88)
33.014 Award of contract.
(A) Authority in village. The board of trustees shall have the authority to award contracts within the purview of this section.
(B) Lowest Responsible Bidder. Contracts shall be awarded to the lowest responsible bidder on the basis of the bid that is in the best interests of the village to accept. In awarding the contract, in addition to price, the board of trustees shall consider:
(1) The ability, capacity and skill of the bidder to perform the contract to provide the service required;
(2) Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;
(3) The character, integrity, reputation, judgment, experience and efficiency of the bidder;
(4) The quality of the performance of previous contracts or services;
(5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service;
(6) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;
(7) The quality, availability and adaptability of the supplies or contractual services to the particular use required;
(8) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;
(9) The number and scope of conditions attached to the bid.
(C) Performance Bonds. The board of trustees shall have the authority to require a performance bond, before entering into a contract, in such amounts as it shall find reasonably necessary to protect the best interests of the village.
(Ord. 88-007, passed 7-5-88)
33.015 Failure to enter into contract; disability.
A successful bidder who shall fail to enter into a contract within ten days after the award or who shall fail to fulfill any contract shall forfeit any required bid deposits and shall not be permitted to bid again for any village work, unless the board of trustees shall, for good cause shown, remove such disability. Such forfeiture and disability shall be in addition to any other remedies available to the village.
(Ord. 88-007, passed 7-5-88).
33.016 Execution of contracts.
All such contracts and bonds shall run to and be in the name of the village of Riverton, and shall be drawn by or approved by the village attorney and before the same shall be in force, shall be signed by the president and countersigned, and the corporate seal of the village shall be affixed by the village clerk. Such contracts shall be executed in duplicate, one original copy of which shall be given to the contractor, and the other filed and kept in the office of the village clerk, who shall furnish copies thereof when required.
(Ord. 88-007, passed 7-5-88).
33.017 Essential clauses.
(A) All Contracts.
(1) Each contract shall contain a clause, in substance to the effect that it is made subject to the ordinances of the village and to the power of the president, village engineer, or other proper village officer to suspend the work, for a failure on the part of the contractor to execute the same according to the terms thereof, but that such suspension shall not affect any other of the remedies available for nonperformance of the contract.
(2) Each contract shall contain a clause, in substance, to the effect that no liability shall attach to the village for any damages resulting from any work or public improvement or from the negligence of the contractor, his agents, employees or workmen.
(3) Each contract shall contain a clause, in substance to the effect that the contractor shall be liable for any damages resulting from any work or public improvement or from the carelessness of the contractor, his agents, employees or workmen.
(B) Contractors' Obligations. All contracts for any work or improvement which requires the digging up, use of occupancy of any street, alley, highway or public ground of the village, shall contain a clause, in substance to the effect requiring the contractor, during the nighttime, to install and maintain such barriers and lights as will effectually permit the occurrence of an accident in consequence of such digging up, use or occupancy.
(C) Contracts Paid from Special Taxes or Assessments. All contracts in which the contractor agrees to be paid from special taxes or special assessments shall contain a clause, in substance to the effect that the contractor shall have no claim or lien upon the village, in any event, except from the collection of the special taxes or assessments levied for the work contracted, and that no liability shall attach to the village by reason of entering into any such contract, except for the payment to such contractor of such specified monies received by the village.
(D) Surplus Materials. All contracts for the street and alley improvements shall contain a clause, in substance to the effect that the village shall reserve the disposition of all surplus earth removed in excavations on such streets or alleys, and that no contractor or subcontractor shall in any manner sell or dispose of any such surplus earth.
(Ord. 88-007, passed 7-5-88).
33.018 Open market procedure.
All work and purchases of supplies, materials and services of less than the estimated value of five thousand dollars shall be made in the open market, without newspaper advertisement and without observing the procedure prescribed by this section for the award of formal contracts.
(Ord. 88-007, passed 7-5-88).
33.019 Professional services exempt from bidding requirements.
All contracts for professional services including, but not limited to, lawyers, engineers, real estate appraisers and architects and any other profession whose ethical code involved prohibits and discourages involvement in normal bidding procedures, may be entered into by the village without observing the bidding procedures prescribed by this section for the award of formal contracts.
(Ord. 88-007, passed 7-5-88).
33.020 Emergency purchases.
In case of an apparent emergency which requires immediate work or purchase of supplies, materials or services, the board of trustees shall be empowered to secure by open market procedure as herein set forth, the lowest obtainable price, any work, supplies, materials, or services regardless of the amount of the expenditure.
(Ord. 88-007, passed 7-5-88).
33.021 Cooperative purchasing.
The village shall have the authority to join with other units of government in cooperative purchasing plans where the best interests of the village would be served thereby.
(Ord. 88-007, passed 7-5-88).
33.022 Expenditure authority.
Expenditure authority for the corporate authorities and various employees of the village shall be as follows:
(A) Corporate Authorities. Any trustee and the village president are authorized to sign contracts on behalf of the village and to purchase goods and services on behalf of the village where:
(1) The value of any single transaction is less than two thousand five hundred dollars; and
(2) The transaction has been approved by a majority of the appropriate board committee having jurisdiction over the subject matter of the contract, either at a committee meeting, or in cases where a committee meeting is impracticable and the need for immediate action apparent, by polling the members of the committee.
(B) Supervisors. Supervisors (the chief of police, the superintendent of public works and the office manager) are authorized to enter into contracts on behalf of the village or to purchase goods and services on behalf of the village where:
(1) The value of a single transaction does not exceed five hundred dollars; and
(2) It is not practicable to secure the approval of the appropriate committee prior to the transaction.
(C) Chief Mechanic. The chief mechanic is authorized to enter into contracts on behalf of the village or to purchase goods and services on behalf of the village where:
(1) The value of a single transaction does not exceed five hundred dollars; and
(2) The transaction relates to repair or maintenance of village equipment.
Nothing in this section shall be construed as authorizing the entering into a contract or making a purchase of goods and services where the transaction is not supported by a prior appropriation or is prohibited by laws relating to conflicts of interest, expenditures of public funds for private purposes, or otherwise.
(Ord. 97-025, passed 10-6-97).
Chapter 34 Sections:
34.001 Summons, warrant and punishment for violation.
34.002 Commitment to jail.
34.003 Maximum penalty or jail sentence.
34.004 Prisoners to work while incarcerated.
34.005 Credit for days of incarceration prior to conviction.
34.006 Procedure upon arrest; arraignment.
34.007 Form of complaint.
34.008 Form of execution and mittimus.
34.009 Officer shall execute writ.
34.010 Refusal of prisoner to work.
34.011 Who may be witnesses.
34.012 Change of venue; jury; appeal.
34.013 Fees of jurors and witnesses.
34.014 Fees of officers.
34.015 Fines, to whom paid.
34.016 Malicious prosecution.
34.017 Attachment of property of absconding debtor.
34.018 Form of writ and bond in attachment.
34.019 Proceeding after service, if defendant is absent.
34.020 Bond for appearance.
34.021 Failure to appear; forfeiture.
34.022 Judge to keep record; pay over fines.
34.001 Summons, warrant and punishment for violation.
In all actions for the violation of any municipal ordinance, the first process shall be a summons or a warrant. A warrant for the arrest of an accused person may issue upon the affidavit of any person that an ordinance has been violated, and that the person making the complaint has reasonable grounds to believe that the party charged is guilty thereof. Every person arrested upon a warrant, without unnecessary delay, shall be taken before a judge for trial.
34.002 Commitment to jail.
The person upon whom any fine or penalty is imposed, upon the order of the court before whom the conviction is had, may be committed to jail until the fine, penalty, and costs are fully paid.
34.003 Maximum penalty or jail sentence.
No fine or penalty, however, except civil penalties provided for failure to make returns or to pay any taxes levied by the village shall exceed $500 and no imprisonment for failure to pay any fine penalty or costs, or for any one offense shall exceed 6 months.
34.004 Prisoners to work while incarcerated.
Every committed person shall be required to work at whatever labor his strength permits, within and without the place of incarceration, not to exceed 10 hours each working day. The committed person shall be allowed, exclusive of his board, a credit of $5 for each day's work on account of the fine, penalty and costs.
34.005 Credit for days of incarceration prior to conviction.
Any person incarcerated on a charge of violating a bailable ordinance who does not supply bail and against whom a fine is levied upon conviction of such offense, shall be allowed a credit of $2 for each day so incarcerated prior to conviction, but such credit shall not exceed the amount of the fine levied.
34.006 Procedure upon arrest; arraignment.
A person arrested without a warrant shall be taken without unnecessary delay before the nearest and most accessible judge in the county, and a charge shall be filed. A person arrested on a warrant shall be taken without unnecessary delay before the judge who issued the warrant or if he is absent or unable to act, before the nearest or most accessible judge in the same county; who shall inform the defendant of the charge against him; advise the defendant of his rights according to the laws of the state and allow bail in accordance with the laws of the state.
34.007 Form of complaint.
The complaint of affidavit shall be in the following form as nearly as may be, to-wit:
STATE OF ILLINOIS, County of Sangamon, Village of Riverton– SS.
The complaint and information of ________ who being duly sworn, on oath states that he has reasonable grounds to believe that one ________ heretofore, to-wit: on the ________ day of ________ A.D. 19________, was guilty of a breach and violation of Section ________ of Chapter ________ of the revised ordinances of said village, in this, that the said did (here state the breach or violation) at and within the Village of Riverton, in the County of Sangamon, and State of Illinois, contrary to the ordinances of said village.
Subscribed and sworn to before me this ________ day of ________ A.D. 19________. And upon presentation of said affidavit to the judge or other proper officer, he shall issue his warrant, reciting therein the substance of the offense set forth in the said complaint for the arrest of the person or persons therein named, returnable forthwith; which warrant shall run in the name of the people of the State of Illinois, and shall be directed to a police officer of such village, or to the Sheriff in the County of Sangamon. Said warrant shall be as nearly as may be in the following form, to-wit: STATE OF ILLINOIS, County of Sangamon, Village of Riverton– SS. The people of the State of Illinois, to the policemen of the said village, or to the sheriff, of said county, Greeting:
WHEREAS ________ has complained on oath before me, the undersigned Judge within and for said county, against ________, in the words and figures set forth in the foregoing complaint; you are therefore hereby commanded, in the name and by the authority of the people of the State of Illinois, to arrest the said ________, and bring ________ forthwith before me at my office in said city, to answer said complaint, and to be dealt with according to law.
Given under my hand and seal, this ________ day of ________ A.D. 19________
PRESIDENT
BOARD OF TRUSTEES
RULES OF ORDER
VACANCIES
VILLAGE OFFICIALS
VILLAGE CLERK
GOVERNMENT REGULATIONS
CODE OF ETHICS
IMPLEMENTING THE ILLINOIS GIFT BAN ACT
SALARIES AND WAGES; CONTRACTS
SALARIES AND WAGES
CONTRACTS AND CONTRACTORS
ARRESTS; FINES AND IMPRISONMENT
| ____, Judge |
34.008 Form of execution and mittimus.
If any person convicted and ordered to stand committed as above stated shall not immediately pay the full amount of such fine and costs, the Court before whom such judgment was rendered shall forthwith issue an execution against the body of such defendant, substantially in the following form, varying such form to suit the nature of the particular case:
STATE OF ILLINOIS, County of Sangamon, Village of Riverton– SS. The people of the State of Illinois, to a policeman of said village, or to the sheriff, of said county, GREETING:
WHEREAS, the Village of Riverton did on the ________ day of ________ A.D. 19________, recover a judgment before the undersigned, or in the ________ court of ________ against ________ for the sum of ________ dollars, for fine and penalty ________ for ________ offense of the ordinances of said village and ________ dollars and ________ cents costs of suit, and ordered to be ________. You are therefore hereby commanded that of the goods and chattels of the said ________ in your county, you make the said sum of ________ dollars and ________ cents, judgment, and ________ dollars and ________ cents, costs. And in default of sufficient property to make said fine and costs, you are commanded to take the body of the said ________ and convey him to the county jail, village prison, workhouse, house of correction, or place provided by the village for the incarceration of such offenders. And you, the sheriff of said county, or keeper of the county, village prison, workhouse, house of correction or other place of incarceration, are hereby commanded to receive the said ________ into your custody, and him safely keep unless the said fine and costs shall be sooner satisfied by the payment of the same. And you are hereby commanded to make return of this execution within 70 days from the date thereof, with your return thereon stating how you have executed the same.
Given under my hand and seal, this ________ day of ________ A.D. 19________
| ____(L. S.) |
34.009 Officer shall execute writ.
It shall be the duty of the officer into whose hands such execution shall come to execute the same forthwith: Provided, that in any case after judgment has been rendered against any person as aforesaid, the judge may take good and sufficient security for the payment of such fine and costs, within any time not exceeding 20 days from this date, if the same is not paid by the defendant, obligation, to be entered upon the docket in each suit, in substance as follows:
I ________ hereby bind myself to pay the above judgment within twenty days from this date, if the same is not paid by the defendant, ________ against whom said judgment has been legally assessed.
Dated this ________ day of ;________ A.D. 19________
________ A.B. Security
Then no execution against the body of the defendant shall issue or be issued until the expiration of 20 days; and in case such judgment is not paid by the defendant or by such security within the time mentioned in such obligation signed as aforesaid, suit shall be commenced thereon against such security, and prosecuted as in civil cases on contracts.
34.010 Refusal of prisoner to work.
Every person who shall refuse or neglect to work as above required, shall be returned to the village prison or to the county jail, as the case may be, and placed in solitary confinement, until such person shall consent to work upon such streets or public grounds or public works, or until such penalty of fine and costs are extinguished by confinement; and during the time any such person shall be engaged in laboring upon such streets or public works to pay such fine and costs, such person shall every night be placed in the village prison or county jail, or other place of confinement, there to be kept until the following morning; and in like manner shall be placed in jail every night for safekeeping at the expense of the village until he or she shall have worked a sufficient time to fully pay such fine and costs which have been recovered against him, unless good and sufficient security, to be approved by the judge, or other court issuing the writ, for his appearance on each morning is given; and the officer executing such execution is hereby empowered in his discretion, to place and impose such restraint upon such person required to labor as may be necessary and proper to prevent such person from escaping from custody; and whenever such fine and costs shall have been worked out as aforesaid, such defendant shall be discharged by the officer executing such writ, and the same shall be returned as satisfied by labor on the streets or public works.
34.011 Who may be witnesses.
In all prosecutions in behalf of the village, any person or officer thereof is made a competent witness, notwithstanding such person or officer may be entitled to a portion of the fine, forfeiture or penalty sued for, or to a fee for the same.
34.012 Change of venue; jury; appeal.
Any person who shall be accused of having committed a breach of any ordinance, now, or hereafter to be in force in the village, shall be entitled to a change of venue. He shall have the right to have the cause tried by a jury of 6 lawful men, and, if he shall insist, by a full jury of 12 men, who shall be summoned to try the cause, unless such jury be waived in writing and if the jury find the accused guilty, they shall assess and state the amount of the fine upon which the judge shall give judgment for fine and costs, and proceed to collect the same as herein required, and the defendant shall have the right to appeal in all cases, except when he shall have waived a jury and entered a plea of guilty to the offense with which he is charged. The Village of Riverton shall also have the right to appeal in any such case, when in the judgment of the village attorney justice has not been had therein.
34.013 Fees of jurors and witnesses.
All jurors and witnesses shall be entitled and allowed to receive the same fees as are now provided by the laws of the State of Illinois.
34.014 Fees of officers.
The police officer and other officers shall be entitled to the same fees in all cases arising under the ordinances of the village as are now allowed by the laws of this state, excepting that where fees are especially provided by ordinance of the village, such fees shall be charged instead. The officer making an arrest under the ordinances of the village without a warrant shall be entitled to the same fees as though he had made the arrest with a warrant.
34.015 Fines, to whom paid.
All fines, forfeitures and penalties imposed by virtue of any ordinance of the village now in force, or that may hereafter be in force, for a breach of the same, shall when collected, be immediately paid over by the judge, or other officer who shall collect the same, to the village treasurer, for the use of the village, and shall form a part of the revenue thereof.
34.016 Malicious prosecution.
In all cases where suits and prosecutions are commenced before any judge and other officers having jurisdiction in the village, upon complaint by any person, if it appear to the court or jury (if one be called) that the prosecutor acted maliciously and without probable cause, judgment shall be entered against such complainant or prosecutor by the court for all costs incurred in such trial and execution shall issue thereon against such complainant or prosecutor as in other cases in this chapter; and whenever any complaint is made to any judge or other officer by any person of an alleged breach of any village ordinance, and the judge or other officer shall have reason to suspect the complainant to be actuated by malice or any other improper motive, such judge or officer shall refuse to issue any process until such complainant shall deposit with him a sufficient sum of money to pay all costs that may accrue thereon, if upon trial it shall appear that such complaint was made for malice or other improper motive.
34.017 Attachment of property of absconding debtor.
If any person in behalf of the Village of Riverton, shall make oath before the judge or other proper officer in the village, that any person is indebted to the village in any sum not exceeding $500, by reason of the violation of any law or ordinance of the village, and that such debtor has absconded, or conceals himself, or stands in defiance of an officer so that process cannot be served upon him, or for any other legal and sufficient cause for attachment, it shall be lawful for such judge to grant a unit of attachment against the personal estate, goods, chattels, moneys, credits and effects of such debtor, directed to the police officer of the village to execute, returnable forthwith.
34.018 Form of writ and bond in attachment.
The form of the writ and bond in any such case or cases, and the proceedings under the same, shall, as nearly as may be, conform to the forms and proceedings provided by the statutes of the State of Illinois in like cases of attachment for debt.
34.019 Proceeding after service, if defendant is absent.
In any case or prosecution or suit under any of the ordinances of the village for any penalty for violation of the same, where the defendant has been personally served with process; and in any case of attachment as provided for by this chapter, it shall not be necessary that the defendant be personally present in court in order to make it lawful for the village to proceed against him at the trial; but in all such cases it shall and may be lawful for the court to proceed to trial and judgment in the same manner as if the defendant were personally present.
34.020 Bond for appearance.
Any person who may be arrested, or in the custody of any police officer for the violation of any law or ordinance of the village, may be released from custody or imprisonment by entering into bond or recognizance before the judge in such reasonable sum and with such surety or sureties as may be required of him, conditioned for his appearance before the court named therein at the time mentioned therein, to answer to the offense with which he may stand charged, and not depart the court without leave.
34.021 Failure to appear; forfeiture.
When any person, being arrested or in custody, and having given bond as aforesaid, shall fail to appear at the time and place when and where the cause is set for trial, the judge may impanel a jury and proceed with the hearing of the cause and hear the testimony on behalf of the village, and render judgment upon the verdict of the jury; and suit shall forthwith be brought against the surety or sureties on the defendant's bond for the amount of the penalty thereof and judgment rendered by the court for the same, and all costs, or so much of such penalty as may seem just and equitable upon consideration of the facts and circumstances of the particular case.
34.022 Judge to keep record; pay over fines.
It shall be the duty of the judge before whom prosecution under the ordinances of the Village of Riverton are had, to keep a record of all suits and proceedings had before him, and to pay over to the village treasurer all moneys which come into his hands, by virtue of any fines or penalties collected by him, and take his receipt therefor.
Chapter 35 Sections:
35.001 Definitions.
35.002 Limitations.
35.003 Establishment.
35.004 Coordinator.
35.005 Functions.
35.006 Local disaster emergencies.
35.007 Purchasing and expenditures.
35.008 Oath.
35.009 Testing of disaster warning devices.
35.010 Authority to accept services, gifts, grants or loans.
35.011 Immunity.
35.012 Compensation.
------------
* Prior ordinance history: Ord. 72-005.
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35.001 Definitions.
"Coordinator" means the staff assistant to the president of the Village of Riverton with the duty of carrying out the requirements of this chapter.
"Disaster" means an occurrence or threat of widespread or severe damage, injury or loss of life or property resulting from any natural or technological cause, including but not limited to fire, flood, earthquake, wind, storm, hazardous materials spill or other water contamination requiring emergency action to avert danger or damage, epidemic, air contamination, blight, extended periods of severe and inclement weather, drought, infestation, critical shortages of essential fuels and energy, explosion, riot, or hostile military or paramilitary action.
"Disaster operations" means the functions created in accordance with the provisions of this chapter to be performed by the Village of Riverton and other political subdivisions to alleviate the effects of disasters.
"Emergency services" means the coordination of functions by the state and its political subdivision, other than functions for which military forces are primarily responsible, as may be necessary or proper to prevent, minimize, repair and alleviate injury and damage resulting from any natural or technological causes. These functions include, without limitation, fire fighting services, police services, emergency aviation services, medical and health services, rescue, engineering, warning services, communications, radiological, chemical and other special weapons defense, evacuation of persons from stricken or threatened areas, emergency assigned functions of plant protection, temporary restoration of public utility services and other functions related to civilian protection, together with all other activities necessary or incidental to protecting life or property.
"Political subdivision" means any county, city, village or incorporated town.
"United States" means the several states, the District of Columbia, and the possessions thereof.
(Ord. 98-018, passed 5-4-98).
35.002 Limitations.
Nothing in this chapter shall be construed to:
(A) Interfere with the course or conduct of a private labor dispute, except that action otherwise authorized by this chapter or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety;
(B) Interfere with the dissemination of news or comment of public affairs; but any communications facility or organization (including but not limited to radio and television stations, and newspapers) may be requested to transmit or print public service messages furnishing information or instructions in connection with a disaster or emergency;
(C) Affect the jurisdiction or responsibilities of police forces, fire fighting forces, units of the armed forces of the United States, or any personnel thereof, when on active duty; but the Village of Riverton emergency preparedness plan shall place reliance upon such forces available for performance of functions related to disaster emergencies;
(D) Limit, modify, or abridge the authority of the village president or the board of trustees vested in them under the Constitution, statutes, or common law of this state or village, independent of or in conjunction with any provisions of this chapter.
(Ord. 98-018, passed 5-4-98).
35.003 Establishment.
(A) There is hereby created an agency of the Village of Riverton to be known as the Village of Riverton emergency service and disaster agency (E.S.D.A.) to prevent, minimize, repair and alleviate injury or damage resulting from disaster caused by enemy attack, sabotage, or other hostile action, or from natural or a man-made disaster, in accordance with the Illinois Emergency Management Act.
(B) The Village of Riverton E.S.D.A. created pursuant to this chapter supersedes any civil defense agency heretofore created by the Village of Riverton, including the Village of Riverton E.S.D.A. heretofore existing, the powers, functions, personnel and assets of which are hereby transferred to the Village of Riverton E.S.D.A. created hereby.
(C) The Village of Riverton E.S.D.A. shall consist of the coordinator and other such technical, clerical, and other administrative personnel as may be selected by the coordinator with the approval of the village president or village administrator, and may make such expenditures within their appropriation therefore as may be necessary to carry out the purpose of this chapter.
(D) The Village of Riverton E.S.D.A. shall have jurisdiction over and serve the entire Village of Riverton, village property not located within the corporate limits of the village, and with the approval of the village board of trustees, any other area which may decide to contract with the Village of Riverton for emergency services and disaster assistance.
(Ord. 98-018, passed 5-4-98).
35.004 Coordinator.
(A) The coordinator of the Village of Riverton E.S.D.A. shall be appointed by the president of the Village of Riverton with the advice and consent of the board of trustees. The coordinator shall have a term of office of four years and until his or her successor is appointed and qualified. The coordinator established pursuant to this chapter shall have a term of office commencing on August 1, 1997; until that time, the current coordinator shall remain in office.
(B) The coordinator shall have direct responsibility for the organization, administration, training and operation of the Riverton E.S.D.A. as prescribed in the Village of Riverton emergency preparedness plan subject to the direction and control of the village president. He shall coordinate the activities of all organizations for emergency service and disaster operations within the area served by the Village of Riverton E.S.D.A. and shall maintain liaison and cooperate with the emergency services and disaster agency of the county of Sangamon.
(C) In the event of the absence, resignation, death, or inability to serve of the coordinator, the president of the Village of Riverton, or his or her designee, shall be and act as coordinator until a new appointment is made as provided in this chapter.
(Ord. 98-018, passed 5-4-98).
35.005 Functions.
The Riverton E.S.D.A. shall:
(A) Prepare and keep current a disaster emergency plan for the Village of Riverton E.S.D.A.;
(B) Interrelate with business, labor, industry, agriculture, civic and volunteer organizations and community leaders in the development of such plan;
(C) Prepare and distribute to all appropriate officials in written form a clear and complete statement of the emergency responsibilities of all local departments and offices and of the disaster chain of command;
(D) Cooperate with all other emergency services and disaster agencies;
(E) Establish, train and maintain such communications unit(s) as may be deemed proper by the village board of trustees;
(F) Establish, train and maintain such other volunteer E.S.D.A. units as may be deemed proper by the coordinator or village president to place the village in a position to promptly and efficiently respond to disaster;
(G) Prepare, for issuance by the village president or board of trustees, resolutions, proclamations, and regulations as necessary or appropriate in coping with disaster;
(H) Cooperate with the federal, state and county government and any public or private agency or entity in achieving any purpose of this chapter and in implementing programs for disaster prevention, preparation, response, and recovery;
(I) Do all other things necessary, incidental or appropriate for the implementation of this chapter.
(Ord. 98-018, passed 5-4-98).
35.006 Local disaster emergencies.
(A) A local disaster emergency may only be declared by the village president or his or her interim successor as defined in the Emergency Interim Executive Succession Act, 5 ILCS 275/1. For purposes of such Act, the interim successors are hereby designated as follows:
(1) First, the village trustee with the most seniority on the village board;
(2) Second, the village trustee with the next most seniority on the village board;
(3) Third, the village trustee with the third most seniority on the village board.
In case two trustees have equal seniority on the village board, the identity of the interim successor shall be decided by agreement, or if no agreement can be reached, by lot.
(B) A local disaster emergency shall not continue for a period in excess of seven days except by or with consent of the village board of trustees. Any order or proclamation declaring, continuing or terminating a local disaster emergency shall be given prompt and general publicity, and shall be filed promptly with the village clerk.
(C) The effect of a local disaster emergency is to activate the response and recovery aspects of the Village of Riverton emergency preparedness plan and to authorize the furnishing of aid and assistance thereunder.
(Ord. 98-018, passed 5-4-98).
35.007 Purchasing and expenditures.
The board of trustees may, on the recommendations of the coordinator, authorize any purchases or contracts necessary to place the village in a position to effectively combat any disaster resulting from the explosion of any nuclear or other bomb or missile, and to protect the public health and safety, protect property, and provide emergency assistance to victims in the case of such disaster, or from manmade or natural disaster.
(Ord. 98-018, passed 5-4-98).
35.008 Oath.
Every person appointed to serve in any capacity in the Village of Riverton E.S.D.A. shall, before entering upon his or her duties, subscribe to the oath as set forth in the Illinois Emergency Management Act, which oath shall be filed with the coordinator of Sangamon County.
(Ord. 98-018, passed 5-4-98).
35.009 Testing of disaster warning devices.
The testing of the disaster warning devices including outdoor warning sirens shall be held only on the first Tuesday of each month at ten in the morning.
(Ord. 98-018, passed 5-4-98).
35.010 Authority to accept services, gifts, grants or loans.
Whenever the federal, state, or county governments or any agency or officer thereof or whenever any person, firm or corporation shall offer to the Village of Riverton services, equipment, supplies, material or funds by way of gift or grant for purpose of emergency services and disaster operations, the village board may authorize any officer of the village to receive such services, equipment, supplies, materials, or funds on behalf of the village.
(Ord. 98-018, passed 5-4-98).
35.011 Immunity.
Neither the village, the agency or any member thereof or any person acting at their direction, engaged in any emergency services and disaster operation or disaster activities, while complying with or attempting to comply with this chapter or any rule or regulation promulgated pursuant to this chapter is liable for the death of or any injury to persons, or damage to property, as a result of such activity. This section does not, however, affect the right of any person to receive benefits to which he would otherwise be entitled under the Illinois Emergency Management Agency Act, under the Worker's Compensation Act or the Worker's Occupational Diseases Act, or under any pension law, and this section does not affect the right of any such person to receive any benefits or compensation under any Act of Congress.
(Ord. 98-018, passed 5-4-98).
35.012 Compensation.
The village may, by its annual appropriations ordinance, provide for the payment of the salary of the coordinator and such other office staff and personnel as may be expressly provided for in this chapter. Nothing herein contained shall prohibit any member of the agency from receiving compensation from the state of Illinois Emergency Management Agency under any provision of this agency.
(Ord. 98-018, passed 5-4-98).
Chapter 37 Sections:
ARTICLE I. ESTABLISHMENT
37.001 Establishment.
37.002 Standing committees.
ARTICLE II. POLICE CHIEF
37.003 Chief of police– Application– Qualifications.
37.004 Chief of police– Duties.
ARTICLE III. APPOINTMENT OF POLICE
37.005 Definitions.
37.006 Applicability.
37.007 Application for employment.
37.008 Temporary employees.
37.008.1 Part-time employees.
37.009 Probationary period.
37.010 Special police.
37.011 President to report special police appointments.
ARTICLE IV. POWERS AND DUTIES OF POLICE
37.012 Powers of police.
37.013 Neglect of duty by policeman.
ARTICLE V. DISCIPLINE
37.014 Suspension.
37.015 Removal or discharge.
37.016 Charges upon discharge or removal.
37.017 Hearings.
37.018 Continuances.
37.019 Findings and recommendations.
37.020 Rehearings.
37.021 Causes for disciplinary action.
ARTICLE VI. MISCELLANEOUS
37.022 Resisting an officer.
37.023 Impersonating policeman.
37.024 Duty to aid police.
ARTICLE I. 37.001 Establishment.
There is hereby established an executive department of the village which shall be known as the police department, which shall consist of the chief of police and such other officers and policemen as the village board shall from time to time, by resolution, prescribe.
(Ord. 89-009, passed 5-2-89).
37.002 Standing committees.
There is hereby established a police standing committee of the board of the village. The committee shall investigate all matters pertaining to the police department and report its findings and recommendations to the village board. The committee shall conduct all disciplinary hearings. The police standing committee shall have the power to administer oaths and affirmations in the conduct of its hearings; furthermore, the police standing committee shall have the power to secure by subpoena, both the attendance and testimony of witnesses and the production of books and papers relevant to its hearings.
(Ord. 89-009, passed 5-2-89).
ARTICLE II. 37.003 Chief of police– Application– Qualifications.
There is hereby created the office of chief of police who shall be the head of the police department. He or she shall be hired by the president with the advice and consent of the village board. No person shall be eligible to hold the office of chief of police unless he/she has knowledge of matters of public welfare, investigation of crime and criminals, crime prevention, traffic control and regulation, laws of the state and ordinances of the village, and enforcement of law, so as reasonably to qualify them in such matters.
(Ord. 89-009, passed 5-2-89).
37.004 Chief of police– Duties.
It shall be the duties of the chief of police to:
A. Have the custody, care and control of the public property of the police department, including all firearms and other equipment and the books and records of the department;
B. Devote such time to the municipal affairs of the village as the village shall prescribe;
C. Preserve the peace, order, safety and cleanliness of the village;
D. Execute and enforce all ordinances, police requirements and orders of the village board and of the president;
E. Protect the rights of persons and property;
F. Provide proper police as needed at every fire;
G. Cause to be enforced all ordinances of the village unless otherwise provided;
H. Take notice of all nuisances, and at all times render all necessary assistance to other village officers, in the abatement thereof;
I. Take notice of all impediments, obstructions and defects in walks, streets, avenues and public places of the village, and remove the same, or cause immediate notice thereof to be given to the proper person whose duty it may be to attend to the removal of the same, according to the ordinances of the village;
J. Designate the marking and signing of traffic lanes, pedestrian lanes, parking and no-parking zones and determine the placing and location of all traffic regulatory signs, guardrail and proper warning sign protection for dead-end streets and the like;
K. Aid the fire department by giving alarms in case of fire, and in clearing the streets or grounds in the immediate vicinity of the fire so that members of the fire department shall not be hindered or obstructed in the performance of their duties;
L. Study police problems and matters of public welfare and administration as related to crime and law enforcement and make recommendations thereon to the president, police standing committee and village board; investigate, study and recommend traffic regulations, routing and changes therein with a view to improving traffic conditions and lessening congestion in the streets and public places;
M. Cause to be kept books or records showing in detail the work of the police department. Such records shall show:
1. The names of all persons arrested and the date of such arrest,
2. The nature of the offense charged and whether accused was imprisoned or released on bail,
3. The disposition of the case,
4. The amount of fine and, if paid, to whom,
5. A list of all property placed in charge of the department;
N. To cause to be detailed a sufficient number of the police force to make, from time to time and as often as may be necessary, a thorough and systematic examination of the village, and to ascertain and report to the proper authority for prosecution of all violations of this code or any ordinance of the village. For this purpose the chief and officers of the police department shall be permitted at all times to visit and enter into or upon any building, lot or grounds within the jurisdiction of the village and to make examination thereof.
(Ord. 89-009, passed 5-2-89)
ARTICLE III. 37.005 Definitions.
The following terms in use in this chapter shall have the meanings indicated:
A. "Department head or superintendent" means the chief of police, and any elected or appointed person who has direct supervision or responsibility for personnel, records, funds, maintenance and service to be performed by the police department.
B. "Dismissed, discharged and removed" refers to any situation wherein an employee is separated from his position for cause.
C. "Employee" means any person legally occupying a position of police officer with the village police department.
D. "Permanent employee" means any police officer who has been designated by the board as a permanent employee candidate and who has successfully completed his or her probationary period.
E. "Probationary employee" means any police officer who has not completed his or her probationary period with the village police department.
F. "Suspension" refers to that period of time when an employee is suspended for cause without pay for a definite or indefinite period of time.
G. "Temporary employee" means an employee so designated to temporarily fill a position with the village police department.
(Ord. 89-009, passed 5-2-89)
37.006 Applicability.
The provisions of this chapter will apply to all police officers employed by the village, except for the department head or superintendent as defined herein.
(Ord. 89-009, passed 5-2-89).
37.007 Application for employment.
Each candidate for either a permanent or temporary employee position shall accurately and completely fill out the appropriate application form. All candidates will report fully their previous academic and employment history, including any suspensions, expulsions, disciplinary actions and terminations along with reasons such action was taken and its final disposition. All candidates shall report whether any administrative or legal proceedings have been initiated in connection with any prior employment including the basis for the action, the agency or court before it was or is being brought, the case number, whether such an action is pending, and the final disposition of the action, including the judgment of the court or agency or, if settled, the details of any settlement agreement. Any inaccurate or misleading information on the application or any omission of the above facts on an application shall be cause for immediate termination.
(Ord. 89-009, passed 5-2-89).
37.008 Temporary employees.
The board may appoint and designate "temporary employees." Generally, temporary employees will work at such hours and times as designated by the department head. A temporary employee will not automatically become a permanent employee regardless of the hours worked. Any "temporary employee" may petition the board to elevate his or her status to "probationary employee" and the board may elevate such a "temporary employee" by resolution. In the event a "temporary employee" is so elevated, any time served as a "temporary employee" shall not be credited to an employee's probationary period. There shall be no responsibility on the part of the village for the continued employment of a "temporary employee," and termination of a "temporary employee" shall not be subject to challenge.
(Ord. 89-009, passed 5-2-89).
37.008.1 Part-time employees.
(A) The facts and statements contained in the preamble to the ordinance codified in this section are found by the president and board of trustees to be true and correct, and are hereby adopted as part of the ordinance codified in this section.
(B) The following standards for hiring part-time police officers be and hereby are established as follows:
(1) Part-time police officers shall be members of the regular police department of the village, except for pension, deferred compensation and other benefit purposes, as heretofore provided by ordinance. Part-time police officers shall not be assigned under any circumstances to supervise or direct full-time police officers of the police department. Part-time police officers shall not be used as permanent replacements for permanent full-time police officers.
(2) Part-time police officers shall be trained under the Intergovernmental Law Enforcement Officers In-Service Training Act in accordance with the procedures for part-time police officers established by the Illinois Law Enforcement Training Standards Board.
(3) Part-time police officers shall be a minimum of twenty-one years of age.
(4) Part-time police officers must possess a valid high school diploma or G.E.D. equivalent. Preference may be given to individuals with added college, military, or professional training.
(5) Part-time police officers must successfully complete a certified Illinois Law Enforcement Training and Standards Board forty-hour mandatory firearms certification course prior to carrying a firearm in the performance of their duties.
(6) Part-time officers must complete the four hundred-hour basic law enforcement recruit training or its equivalent from another jurisdiction and have or be entitled to receive a waiver from the Illinois Law Enforcement Training and Standards Board, if necessary.
(7) Part-time police officers must possess a valid Illinois driver's license without restrictions relating to the ability to operate a motor vehicle during any portions of a twenty-four-hour day.
(8) Part-time officers shall also comply with any requirements set forth in the Rules and Regulations for the Riverton Police Department, as amended, and with all applicable ordinances and regulations of the village pertaining to probationary periods for police officers.
(9) Reasonable accommodations to the foregoing standards, where appropriate and required by applicable law, will be made for persons with disabilities.
(C) The ordinance codified in this section shall amend any previous or inconsistent provisions of any ordinance of the Village of Riverton in regards to hiring standards of part-time police officers.
(Ord. 97-021, passed 9-2-97).
37.009 Probationary period.
The first twelve months service of a permanent employee candidate is a probationary period during which there shall be no responsibility on the part of the village for the continued employment of the new employee. Termination of employment during this probationary period shall not be subject to challenge by employee. When the probationary period is completed, the permanent employee candidate shall become a permanent employee and seniority will date back six months from the date of completion of the probationary period.
(Ord. 89-009, passed 5-2-89).
37.010 Special police.
The president may, in time of peril, danger, riot or pestilence, or apprehension thereof, and at all conflagrations, and during any public election or celebration, or unusual congregation of people, appoint for a specified time as many policemen as he may deem necessary, and during the term of service such special policemen shall possess all the power and privileges and perform all the duties of regular policemen, and be subject to all the rules and regulations governing the police department. Special policemen shall not be considered employees of the village and shall not be entitled to compensation or the benefits of village employees.
(Ord. 89-009, passed 5-2-89).
37.011 President to report special police appointments.
It shall be the duty of the president to report to the village board, at the first regular meeting of the board held after any such appointment, all appointments of special policemen made by him.
(Ord. 89-009, passed 5-2-89).
ARTICLE IV. 37.012 Powers of police.
Policemen shall have the power and authority, and it shall be their duty in the village, and outside of the same when necessary and lawful, to serve and execute warrants and other process for the apprehension and commitment of persons charged with a violation of this code or any village ordinance or any crime or misdemeanor, or offense against the laws of the village or state, or held for examination or trial, or held in execution for the commission or any crime or misdemeanor or violation of any law, or ordinance of the village.
(Ord. 89-009, passed 5-2-89).
37.013 Neglect of duty by policeman.
No member of the police force shall fail to perform any duty required of him or her by the ordinances of the village, by the chief of police, or by the president, or in the discharge of his or her official duties be guilty of any fraud, extortion, oppression, favoritism or wilful wrong or injustice. In addition to other penalties the violator may be removed from the police department.
(Ord. 89-009, passed 5-2-89).
ARTICLE V. 37.014 Suspension.
Nothing in this chapter shall be construed as preventing the chief of police from suspending without pay a member of his department for a period of not more than five days, but he shall notify the police standing committee and the affected employee in writing of such suspension. A permanent employee suspended for more than five days, or within six months of a previous suspension, may request a hearing by the police standing committee on the propriety of such suspension in the manner provided in Section 37.015.
(Ord. 89-009, passed 5-2-89).
37.015 Removal or discharge.
Except as hereinafter provided, no permanent employee of the police department shall be removed or discharged except for cause upon written charges, and after an opportunity to be heard in his or her own defense. Temporary employees or special policemen may be removed at any time without a hearing on cause.
(Ord. 89-009, passed 5-2-89).
37.016 Charges upon discharge or removal.
A. The chief of police, or his designee, shall be responsible for notifying the employee of his or her discharge or removal, stating specifically the facts alleged to constitute the cause for discharge. The employee shall be served, personally or by certified mail, at his or her address as shown in the records. Written notification of his or her discharge shall also be filed in writing with the police standing committee of the board of trustees and shall state specifically the facts alleged to constitute the cause for discharge.
B. A permanent employee may request the police standing committee, in writing, for an investigation and hearing of the charges. Such a request shall be filed with the police standing committee no later than fourteen days after receipt of written notice.
C. An employee's removal or discharge shall not become effective unless confirmed by a majority vote of the board of trustees.
(Ord. 89-009, passed 5-2-89).
37.017 Hearings.
The police standing committee, upon notification of request for investigation and hearing, shall promptly notify the employee of the time and place of investigation of said charges. Investigations of charges may be broad in their character and evidence may be heard upon any facts or circumstances pertinent or applicable to such charges. No such investigation shall be held less than fourteen calendar days after the serving or the mailing of notice.
(Ord. 89-009, passed 5-2-89).
37.018 Continuances.
The committee may, at its discretion, grant continuances of investigations of charges at the request of the individual so charged.
(Ord. 89-009, passed 5-2-89).
37.019 Findings and recommendations.
The findings and recommendations of the police standing committee shall follow an investigation of charges and shall be forwarded to the board of trustees for final action at its next regularly scheduled council meeting. Notice of the committee's findings and recommendations shall be sent to the employee so charged.
(Ord. 89-009, passed 5-2-89).
37.020 Rehearings.
Petitions for rehearing of persons removed or discharged from the police department may be filed with the board of trustees within thirty days after the board's findings and decisions have been duly recorded. Petitions shall state fully the grounds upon which application for rehearings are based. If said petitions are allowed by the board of trustees, the matter shall be referred to the police standing committee for a rehearing of the original charges with any new evidence bearing thereupon. Findings and decisions which are result of such rehearing shall again be referred to the board of trustees at its next regularly scheduled meeting for final action. If the board of trustees does not allow a petition for rehearing, the orders of discharge shall remain in full force and effect. Written notice of all such decisions shall be promptly forwarded to the charged employee.
(Ord. 89-009, passed 5-2-89).
37.021 Causes for disciplinary action.
If an employee's conduct falls below a desirable standard he may be subject to disciplinary action. A few examples for which an employee may be disciplined are:
A. Failure to follow a lawful order by one's supervisor or department head;
B. Being absent from work without permission or failure to report to the supervisor or department head when one is absent;
C. Being habitually absent or tardy;
D. Failure to perform assigned work in an efficient manner;
E. Wilful and wanton misconduct causing damage to public property or waste of public supplies;
F. Drinking alcoholic beverages on the job, except as may be required in the full scope of employment, or arriving on the job under the influence of alcohol or narcotics;
G. Conviction of a criminal offense which relates to the ability of a police officer to carry out duties related to his or her profession;
H. Conduct which is unbecoming a village employee; and
I. Failure to fully and truthfully disclose all pertinent data on any application or on any information request made to the policeman by the police standing committee.
(Ord. 89-009, passed 5-2-89).
ARTICLE VI. 37.022 Resisting an officer.
No person shall resist any member of the police force in the discharge of his or her duties, or shall in any way interfere with or prevent or hinder him or her in the discharge of his or her duty as such member, or shall offer or endeavor to do so, or assist any person in the custody of any member of the police department to escape or attempt to escape from such custody, or attempt to rescue any person in such custody.
(Ord. 89-009, passed 5-2-89).
37.023 Impersonating policeman.
No person not a member of the police department shall impersonate a member of the police department or maliciously or with intent to deceive, use or imitate signs, signals or devices adopted and used by the department, or wear in public the uniform adopted as the police uniform.
(Ord. 89-009, passed 5-2-89).
37.024 Duty to aid police.
It shall be the duty of all persons in the village, when called upon by the chief of police or any member of the police department, to promptly aid and assist him in the execution of his police duties.
(Ord. 89-009, passed 5-2-89).
Chapter 38 Sections:
SUPERINTENDENT OF PUBLIC WORKS
38.001 Established.
38.002 Supervision.
38.003 Responsibilities designated.
38.004 Discharge by board only.
OFFICE MANAGER
38.010 Established.
38.011 Supervision.
38.012 Responsibilities designated.
38.013 Discharge by board only for cause. MISCELLANEOUS
38.020 Light duty.
38.001 Established.
There is established the office of superintendent of public works.
(Ord. 99-051, passed 11-5-98).
38.002 Supervision.
The superintendent of public works (hereinafter "superintendent") is responsible for the overall supervision of the gas, water, sewer, streets, and electric departments of the village. In accordance with the personnel code, the public works superintendent is subject to the overall supervision of the village president and the various committees of the board with jurisdiction over his activities. On a day-to-day basis, the public works superintendent is subject to the direct supervision of the village president. The public works superintendent shall comply with any lawful directive or work order of the village president or any village board committee chair.
(Ord. 99-051, passed 11-5-98).
38.003 Responsibilities designated.
The superintendent of public works has the following responsibilities:
(A) The superintendent shall keep informed of all objectives and policies of the village board by attending all village board meetings unless excused, and by attending committee meetings when requested.
(B) The superintendent shall keep the village president and the village board fully informed on the status of his departments and the personnel working in those departments. The superintendent shall provide a written report of his and his departments' activities at each regularly scheduled village board meeting. The board may prescribe the format of such reports.
(C) The superintendent shall make recommendations to the village president and the village board regarding planned projects, policy formulation and implementation, and equipment and personnel needs.
(D) The superintendent shall have primary supervisory authority over the personnel in his several departments. The superintendent is responsible for the efficient operation of those departments, and the efficient allocation and scheduling of personnel and equipment in and among those departments. Except in the exercise by the village president of his authority as chief executive officer of the village, or in the absence of the superintendent, no appointed or elected official shall have direct supervisory responsibility over such personnel.
(E) The superintendent shall see to it that village equipment and personnel are not used for anything other than public purposes. The superintendent shall promptly report to the village president and board any breach or attempted breach by any village officer, employee or independent contractor of this policy.
(F) The superintendent shall meet at least weekly with the village president and in addition, whenever requested by the village president. At least weekly, the superintendent shall contact each committee chair with jurisdiction over his activities to discuss the status of all pending public works projects under that committee's jurisdiction.
(Ord. 99-051, passed 11-5-98).
38.004 Discharge by board only.
The superintendent may be discharged only by the village board in accordance with the Village of Riverton personnel code.
(Ord. 99-051, passed 11-5-98).
38.010 Established.
There is hereby established the office of office manager.
(Ord. 96-015, passed 5-6-96).
38.011 Supervision.
The office manager is responsible for the overall supervision of the village office and shall have those areas of responsibility contained on a list attached to the ordinance codified in this section as Exhibit A and on file in the office of the village clerk. In accordance with the village personnel code and the ordinances of the village pertaining to committees of the village board, the office manager is subject to the supervision of the administrative committee of the village board, although upon request the office manager shall report to other committees having jurisdiction over utilities with respect to the office manager's activities involving utilities. In accordance with village ordinances, the office manager shall also be subject to the supervision of the village president as the chief executive officer of the village, and to the full village board.
(Ord. 96-015, passed 5-6-96).
38.012 Responsibilities designated.
The office manager also has the following responsibilities:
(A) The office manager shall keep informed of all objectives and policies of the village board by attending all village board meetings unless excused, and by attending committee meetings when requested.
(B) The office manager shall keep the village board and relevant committees fully informed on the status of the village office and the personnel working in that department.
(C) The office manager shall make recommendations to the village board regarding planned projects, policy formulation and implementation, equipment and personnel needs, and plans, procedures and techniques necessary to carry out the plans, programs and directives of the village board.
(D) The office manager shall have exclusive supervisory authority over the personnel in the village office. Except in the absence of the office manager, no appointed or elected official shall have direct supervisory responsibility over such personnel; all requests for use of personnel and equipment shall be made through the office manager, or in the absence of the office manager, through the heads of the various departments.
(E) The office manager shall see to it that village equipment and personnel are not used for anything other than public purposes for projects having the approval of the village board. The office manager shall promptly report to the board any breach or attempted breach by any village officer, employee or independent contractor of this policy.
(F) The office manager shall meet from time to time with the village president in order to implement policies, programs and procedures mandated by the village board. The office manager shall promptly report to the board any command or directive from the village president which is at variance with policies, procedures and plans of the board. Subject to the president's powers with respect to natural disasters and other emergencies, the office manager shall have the privilege of seeking guidance from the board or the relevant committee thereof before complying with any directive of the village president which the office manager believes may be inconsistent with board programs, procedures and policies.
(Ord. 96-015, passed 5-6-96).
38.013 Discharge by board only for cause.
In accordance with the village personnel code, after serving the probationary period mandated by the personnel code, the office manager may be discharged only by the village board and only for cause.
(Ord. 96-015, passed 5-6-96).
38.020 Light duty.
Whenever a village employee, due to injury or other cause, requests light duty, or whenever the village determines it wishes to require an employee to perform light duty, the village personnel committee shall in each case make a determination of what light duties are appropriate for the employee and will be required of the employee. The committee shall send the employee's treating physician a list of the employee's duties and request the physician to indicate which duties are appropriate. Based upon the physician's determination and the needs of the village, the personnel committee shall make its determination. The personnel committee may in its discretion require periodic updates from the treating physician as a condition of continued light duty.
(Ord. 2008-031, passed 9-15-08).
Chapter 39 Sections:
39.001 Definitions.
39.002 Authority of library board of trustees.
39.003 Budget and financial matters.
39.004 Library theft.
39.005 Prohibited acts.
39.006 Penalties.
39.001 Definitions.
When used in this chapter, the following words and phrases shall have the meanings ascribed to them in this section:
"Library" means the public library of the village of Riverton established pursuant to the referendum held on November 5, 1996.
"Library board" means the board of trustees of the library, as defined in the Illinois Local Library Act, 75 ILCS 5/1-0.1 et. seq.
"Library card" means a card or plate issued by the library for purposes of identifying the person to whom the library card was issued as authorized to borrow library material, subject to all limitations and conditions imposed on such borrowing by the library facility issuing such card.
"Library material" includes any book, plate, picture, photograph, engraving, painting, sculpture, statue, artifact, drawing, map, newspaper, pamphlet, broadside, magazine, manuscript, document, letter, microfilm, sound recording, audio-visual material, magnetic or other tape, electronic data processing record or other documentary, written or printed material regardless of physical form or characteristics or any part thereof, belonging to or on loan to or otherwise in the custody of a library.
"Premises of the library" means the interior of a building, structure or other enclosure in which the library is located and in which the library keeps, displays and makes available for inspection or borrowing library material.
(Ord. 96-034, passed 12-2-96).
39.002 Authority of library board of trustees.
(A) The library board shall have control over the library, and shall have all of the powers, functions and duties over the library and the conduct of its business set forth in the Illinois Local Library Act, 75 ILCS 5/1-0.1 et. seq. Nothing in this chapter shall be deemed to add to or subtract from those powers, duties and functions.
(B) The village president shall appoint one or more village trustees as liaison to the library board. The village president or the liaison trustee may instruct any village department head or the village attorney to assist the library board in the conduct of its business.
(Ord. 96-034, passed 12-2-96).
39.003 Budget and financial matters.
(A) The treasurer of the village shall establish within the fund accounting system of the village a special and segregated fund known as the library fund, into which the library board shall deposit all monies in its possession. However, pursuant to Section 4-7 of the Local Library Act, the library board shall have exclusive control of expenditure of all such monies.
(B) If requested by the library board, the treasurer shall assist the library board in the preparation of a budget for the remaining portion of the fiscal year for the period May 1, 1996 through April 30, 1997. Thereafter, the treasurer shall assist the library board each year in the preparation of its budget and the inclusion of the library's budget in the annual appropriation ordinance of the village as set forth in Section 4-15 of the Local Library Act.
(Ord. 96-034, passed 12-2-96).
39.004 Library theft.
A person commits the offense of library theft when he:
(A) Knowingly and intentionally removes any library material from the premises of the library without authority to do so; or
(B) Knowingly and intentionally conceals any library material upon his person or among his belongings, while still in the premises of the library and in such manner that the library material is not visible through ordinary observation although there may be some notice of its presence, and removes such library material beyond the last point in the premises of the library at which library material may be borrowed in accordance with procedures established by that library facility for the borrowing of library material; or
(C) With the intent to deceive, borrows or attempts to borrow any library material from the library by (1) use of a library card issued to another without the other's consent, or (2) use of a library card knowing that it is revoked, canceled or expired, or (3) use of a library card knowing that it is falsely made, counterfeit or materially altered; or
(D) Borrows a library material pursuant to an agreement with or procedure established by the library for the return of such library material and willfully, without good cause, fails to return the library material so borrowed in accordance with such agreement or procedure, and further, willfully, without good cause, fails to return such library material within ten days after receiving written notice by registered mail from the library demanding the return of such library material. The library shall not send such notices before a date thirty days after the due date for such materials.
(Ord. 96-034, passed 12-2-96).
39.005 Prohibited acts.
(A) Theft. No person shall commit theft of library materials.
(B) Mutilation of Materials.
(1) No person shall commit mutilation of library materials.
(2) A person commits mutilation of library materials when he knowingly tears, marks on, maliciously renders imperfect or otherwise damages or destroys library materials.
(Ord. 96-034, passed 12-2-96).
39.006 Penalties.
(A) Any person convicted of a violation of this chapter shall be subject to a penalty of not less than fifty dollars or more than five hundred dollars per offense.
(B) Each day library materials are not returned after receipt of the registered letter as set forth in Section 39.004(D) shall be deemed a continuing offense.
(C) In addition to any fines hereunder, the offender shall be liable to reimburse the library for replacement costs of materials not returned, plus overdue fines established from time to time by the library board.
(Ord. 96-034, passed 12-2-96).
Chapter 40 Sections:
40.001 Definitions.
40.002 Policy.
40.003 Individual privacy protected.
40.004 Public records available.
40.005 Requests to be in writing.
40.006 Fees.
40.007 Time limit for compliance with request.
40.008 Extension of time limit– Notice.
40.009 Unduly burdensome requests.
40.010 Certain information exempt from inspection and copying.
40.011 Notice of denial of request– Appeals.
40.012 Granting of request– Procedure for inspection.
40.013 Written request not required for certain documents.
40.014 Dissemination of information about public bodies.
40.015 List of categories of records.
40.001 Definitions.
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"Copying" means the reproduction of any public record by means of any photographic, electronic, mechanical or other process, device or means.
"Freedom of Information Act" means the Illinois Freedom of Information Act, 5 ILCS 140/1.1 et seq.
"Person" means any individual, corporation, partnership, firm, organization or association, acting individually or as a group.
"Public record" means all records, reports, forms, writings, letters, memorandums, books, papers, maps, photographs, microfilms, cards, tapes, recordings, electronic data processing records, recorded information and all other documentary materials, regardless of physical form or characteristics, having been or being prepared, used, received, possessed, or under control of the village.
"Village" means the Village of Riverton, Illinois.
(Ord. 99-032, passed 8-16-99).
40.002 Policy.
It is declared to be the public policy of the village that all persons are entitled to full and complete information regarding the affairs of the village. The official acts and policies of the public officials and public employees of the village shall be consistent with the terms of the ordinance codified in this chapter.
(Ord. 99-032, passed 8-16-99).
40.003 Individual privacy protected.
This chapter is not intended to be used to violate individual privacy, nor for the purpose of furthering a commercial enterprise, or to disrupt the duly undertaken work of the village.
(Ord. 99-032, passed 8-16-99).
40.004 Public records available.
The village shall make available to any person for inspection or copying all public records, as provided in the Freedom of Information Act.
(Ord. 99-032, passed 8-16-99).
40.005 Requests to be in writing.
All requests for inspection or copying of public records shall be in writing and shall be addressed to the clerk. The requestor shall include the following information in any request for public records:
(A) The requestor's full name, mailing address and telephone number at which the requestor can be reached during normal business hours;
(B) A description of the records sought, being as specific as possible;
(C) A statement as to whether the request is for inspection, copying, or both.
The clerk shall make available a form for use by requestors; however, no request shall be denied for failure to use the form.
(Ord. 99-032, passed 8-16-99).
40.006 Fees.
(A) The village hereby establishes and shall charge fees reasonably calculated to reimburse its actual cost for reproducing and certifying public records and for the use, by any person, of the equipment of the village to copy records. Such fees exclude the costs of any search for and review of the record, and shall not exceed the actual cost of reproduction and certification, unless otherwise provided by state statute. The charge for copying shall be ten cents per page for photocopies, four cents per page for computer printouts, and two dollars and fifty cents per audio tape.
(B) Documents shall be furnished without charge or at a reduced charge where the village determines that waiver or reduction of the fee is in the public interest, because furnishing information can be considered as primarily benefiting the general public. Waiver or reduction of the fee is in the public interest if the principal purpose of the request is to access and disseminate information regarding the health, safety and welfare or the legal rights of the general public and is not for the principal purpose of personal or commercial benefit. In setting the amount of the waiver or reduction, the village may take into consideration the amount of materials requested and the cost of copying them.
(Ord. 99-032, passed 8-16-99).
40.007 Time limit for compliance with request.
The village shall either comply with or deny a request for public records within seven working days after its receipt. Denials shall be in writing and in accordance with Section 40.011.
(Ord. 99-032, passed 8-16-99).
40.008 Extension of time limit– Notice.
(A) The time limit prescribed in Section 40.007 may be extended in each case for not more than seven additional working days for any of the following reasons: (1) The requested records are stored in whole or in part at other locations other than the office having charge of the requested records. (2) The request requires the collection of a substantial number of specified records. (3) The request is couched in categorical terms and requires an extensive search for the records responsive to it. (4) The requested records require examination and evaluation by personnel having the necessary competence and discretion to determine if they are exempt from disclosure under the terms of the Freedom of Information Act or should be revealed only with appropriate deletions. (5) The request for records cannot be complied with by the village within the time limits prescribed by subsection (4) of this section without unduly burdening or interfering with the village. (6) The requested records have not been located in the course of routine search and additional efforts are being made to locate them. (7) There is a need for consultation, which shall be conducted with all practicable speed, with another public body or among two or more components of a public body having a substantial interest in the determination or in the subject matter of the request.
(B) When additional time is required for any of the above reasons, the clerk shall notify the person making the request, by letter, within the time limits specified in this section, of the reasons for the delay and the date by which the records will be made available or denial will be forthcoming. In no instance may the delay in processing last longer than seven working days. A failure to render a decision within seven working days shall be considered a denial of the request.
(Ord. 99-032, passed 8-16-99).
40.009 Unduly burdensome requests.
(A) Requests calling for all records falling within a category shall be complied with, unless compliance with the request would be unduly burdensome for the village, there is no method of narrowing the request, and the burden on the village strongly outweighs the public interest in the information. If the village responds to a categorical request by stating that compliance would unduly burden its operation, it shall do so in a writing signed by the clerk specifying the reasons why it would be unduly burdensome and the extent to which compliance will so burden the operation of the village.
(B) After receipt of this response in writing, the person making the request shall have an opportunity to reduce the request to manageable proportions. If the person making the request fails to reduce the request to manageable proportions, the response of the village shall be treated as a denial of the request for information.
(Ord. 99-032, passed 8-16-99).
40.010 Certain information exempt from inspection and copying.
Information exempted by Section 7 of the Freedom of Information Act shall be exempt from inspection and copying. If a record contains both exempt and nonexempt information, the exempt information shall be deleted and the remainder of the record made available for inspection and copying.
(Ord. 99-032, passed 8-16-99).
40.011 Notice of denial of request– Appeals.
(A) The clerk, when denying a request for public record, shall notify the requestor, by letter, of the decision to deny the information, and the reason for the denial. Each notice of denial by the clerk shall inform the person of his or her right to appeal to the village president in accordance with Section 10 of the Freedom of Information Act. When a request is denied on the grounds that the records are exempt under the provisions of this chapter, the notice of denial shall specify the exemption claimed to authorize the denial and briefly explain how the exemption applies to the specified records withheld.
(B) A requestor may appeal a denial of a request for public records to the village president. All appeals shall be in writing, shall be addressed to the village president in an envelope clearly marked "FOIA APPEAL," and shall include a copy of the original request, a copy of the denial or a statement that the village failed to respond within seven working days; and a written statement setting forth the reasons the requestor believes the appeal should be granted.
(C) The village president shall respond in writing to an appeal within seven working days of receipt thereof. Failure to respond shall be considered a denial of the appeal. If the village president denies an appeal in whole or in part, the requestor shall be informed of his or her rights to judicial review under Section 11 of the Freedom of Information Act.
(Ord. 99-032, passed 8-16-99).
40.012 Granting of request– Procedure for inspection.
When a freedom of information request is granted, the documents will be made available for inspection at the Village Hall during regular business hours. Copies shall be made upon request as set forth in Section 40.006.
(Ord. 99-032, passed 8-16-99).
40.013 Written request not required for certain documents.
The following documents shall be made available for inspection and copying without a written request; however, the requestor shall contact the clerk or deputy clerk in advance to set a mutually convenient time. These documents, if copied, shall be subject to the copying fee set forth in Section 40.006:
(A) Ordinances and written resolutions;
(B) The journal of the board of trustees, not including executive session minutes;
(C) Any personnel code, building code, other technical code, or any other regulation of the village adopted by the village, whether by ordinance, resolution or otherwise.
(Ord. 99-032, passed 8-16-99).
40.014 Dissemination of information about public bodies.
The village shall prominently display at the Village Hall, make available for inspection and copying without charge, and shall send through the mail if requested, each of the following:
(A) A brief description of the village, which will include, but not be limited to a short summary of its purpose; a block diagram giving its functional subdivisions, the total amount of its operating budget, the number and location of all of its separate offices, the approximate number of full and part-time employees, and the identification and membership of any board, commission, committee, or council which operates in an advisory capacity relative to the operation of the public body is required to report and be answerable for its operations; and
(B) A brief description of the methods whereby the public may request information and public records, a directory designating by titles and business addresses those employees to whom requests for public records should be directed, and any fees allowable under Section 40.006.
(Ord. 99-032, passed 8-16-99).
40.015 List of categories of records.
As to public records prepared or received after the effective date of this chapter, the village clerk shall maintain and make available for inspection and copying a reasonably current list of all types or categories of records under its control. The list shall be reasonably detailed in order to aid persons in obtaining access to public records pursuant to this chapter. The village clerk shall furnish upon request a description of the manner in which public records stored by means of electronic data processing may be obtained in a form comprehensible to persons lacking knowledge of computer language or printout format.
(Ord. 99-032, passed 8-16-99).
Chapter 41 Sections:
41.001 Authority to lease– Processing of requests.
41.002 Permitted activities.
41.003 Fees and conditions.
41.001 Authority to lease– Processing of requests.
(A) The village hereby delegates to the president of the village and chairperson of the "building committee" the power to enter into leases of the Riverton Municipal Building for periods of less than seventy-two hours each in accordance with the procedures set forth in this chapter. Leases or uses longer than seventy-two hours must be approved by a majority vote of the village board.
(B) When entering into a lease, the village representative shall use the form attached to the ordinance codified in this chapter as Exhibit A.
(C) Requests to lease the Riverton Municipal Building shall be processed in the order received.
EMERGENCY SERVICE AND DISASTER AGENCY*
POLICE DEPARTMENT
ESTABLISHMENT
POLICE CHIEF
APPOINTMENT OF POLICE
POWERS AND DUTIES OF POLICE
DISCIPLINE
MISCELLANEOUS
VILLAGE EMPLOYEES
SUPERINTENDENT OF PUBLIC WORKS
OFFICE MANAGER
MISCELLANEOUS
PUBLIC LIBRARY
FREEDOM OF INFORMATION PROCEDURES
USE OF RIVERTON MUNICIPAL BUILDING