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Home My WebLink AboutOrdinance #4510 - Amending Title 1, Chapter 30 of the Canton Municipal Code Entitled "Budget Officer and Economic Development Administrator" STATE OF ILLINOIS) ) SS. COUNTY OF FULTON) CERTIFICATE I, Andi Smith-Walters, certify that I am the duly elected City Clerk of the CITY OF CANTON, FULTON COUNTY, ILLINOIS. I further certify that on November 4. 2025. the City Council of such municipality passed and approved Ordinance #4510 entitled: AN ORDINANCE AMENDING TITLE 1, CHAPTER 30 OF THE CANTON MUNICIPAL CODE ENTITLED, "BUDGET OFFICER AND ECONOMIC DEVELOPMENT ADMINISTRATOR" The ordinance attached is a true and correct copy of the ordinance adopted by Canton City Council. DATED AT CANTON, ILLINOIS, THIS 4th DAY OF NOVEMBER, 2025 Seal di Smith-Walters, City Clerk ity of Canton, Illinois ORDINANCE NO. 4510 AN ORDINANCE AMENDING TITLE 1,CHAPTER 30 OF THE CANTON MUNICIPAL CODE ENTITLED,`BUDGET OFFICER AND ECONOMIC DEVELOPMENT ADMINISTRATOR" WHEREAS, the City of Canton, Fulton County, Illinois (the "City") is an Illinois non- home rule municipal corporation, established in accordance with the constitution of the State of Illinois of 1970; WHEREAS, Section 8-2-9.1 of the Illinois Municipal Code(65 ILCS 5/8-2-9.1) provides for the appointment of a Budget Officer for municipalities that have adopted Sections 8-2.9.1 through 8-2-9.10; WHEREAS, on July 1, 2025, the City adopted Ordinance No. 4481, which established Title 1, Chapter 30 of the Canton Municipal Code (the"Code")that contains provisions related to the appointment of a Budget Officer and Economic Development Administrator; WHEREAS, the corporate authorities have determined that it is necessary and in the best interests of the City to amend Title 1, Chapter 30 to provide for independent contractors to serve as the Budget Officer and Economic Development Administrator. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS AS FOLLOWS: Section 1. That the City hereby finds as fact the recitals set forth above and incorporates said recitals herein as though fully set forth. Section 2. Subsection 1-30-1(D) of the Canton Municipal Code is hereby added to state as follows: 1-30-1: OFFICE CREATED, APPOINTMENT, TERM,AND QUALIFICATIONS: (D) In the event the Administrator is an independent contractor, including but not limited to a limited liability company or corporation, then the Administrator's appointment shall be subject to a services agreement be approved by the corporate authorities and executed by the Mayor. Section 3. Section 1-30-2 of the Canton Municipal Code is hereby amended in its entirety to state as follows: 1-30-2: OATH; BOND: Any person or entity filling and discharging the duties of Administrator shall, before entering upon the duties of such office, take an oath and post a bond as provided in 65 ILCS 5/3.1-10-25. The amount of the bond shall be no less than the amount of the bond posted by the City Treasurer. 1 Section 4. Subsections 1-30-3(C)-(D) of the Canton Municipal Code are hereby amended in their entirety to state as follows: 1-30-3: POWERS AND DUTIES: (C) Unless otherwise set forth in a services agreement between the Administrator and the City, the Administrator shall attend all regular City Council meetings, and special City Council meetings or committee meetings (if needed), and be prepared to discuss the financial impact and considerations of all items being discussed on the relevant agenda. (D) The Administrator shall perform any other duties as directed by the Mayor from time-to-time. The Mayor and/or City Council may also approve additional job duties and powers of the Administrator, however, that the Administrator shall remain obligated to perform the other duties set forth in this Section. If the Administrator is an independent contractor, nothing in this Section prohibits the City from establishing job duties of the Administrator, pursuant to a services agreement with the Administrator,that are in addition to this Section and that may be amended by and/or directed by the Mayor from time-to-time. Section 5. Section 1-30-4 of the Canton Municipal Code is hereby amended in its entirety to state as follows: 1-304: REMOVAL AND RESIGNATION: (A)If the Administrator is an employee: The Administrator may be suspended without pay or discharged by the Mayor in consultation with the City Council in accordance with state statute and according to the terms and conditions of a employment contract, if any. The Mayor may impose any other discipline he or she feels is appropriate without consultation with the City Council. The Administrator may also resign from the position upon giving thirty (30)days'prior written notice to the Mayor. (B)If the Administrator is an independent contractor: The Administrator may be suspended or terminated by the Mayor in consultation with the City Council in accordance with state statute (if applicable) and according to the terms and conditions of the services agreement (if any). The provisions for termination of the services agreement shall be included within any services agreement with an Administrator that is an independent contractor.If no services agreement is executed,for whatever reason, then the Mayor may terminate or suspend the Administrator with or without cause upon consultation with the City Council. Section 6. Section 1-30-5 of the Canton Municipal Code is hereby amended in its entirety to state as follows: 1-30-5: COMPENSATION; EMPLOYMENT AGREEMENT; SERVICES AGREEMENT: 2 (A) The Administrator may receive such compensation as the Mayor and City Council shall fix from time to time. (B) If the Administrator is to be an employee of the City, then the Mayor may, with approval by the City Council, enter into an employment with the Administrator, which specifies in writing the level of compensation of the Administrator, fringe benefits, including the level of support for the Administrator's continuing professional education, agreements for separation pay upon termination of employment(if any),other appropriate agreements describing the working relationship between the Administrator and the City. This agreement may be reviewed and revised by mutual agreement of the parties at periodic intervals. (C) If the Administrator is to be an independent contractor of the City, then the Mayor may, with approval by the City Council, shall enter into a services agreement with the Administrator, which specifies in writing the level of compensation of the Administrator, services to be provided to the City,insurance requirements for the Administrator,and other appropriate agreements describing the working relationship between the Administrator and the City. This agreement may be reviewed and revised by mutual agreement of the parties at periodic intervals. Section 7. Section 1-30-7 of the Canton Municipal Code is hereby amended in its entirety to state as follows: 1-30-7: ASSISTANTS: The Mayor shall be allowed to enter into hire or enter into agreements for assistants, independent contractors, and/or other clerks and subordinate help as the necessities of the office of Administrator may require, as needed to assist the Administrator in performing the Administrator's duties, and as the City Council by ordinance or resolution shall from time to time authorize. Section 8. That all ordinances or parts thereof in conflict with this Ordinance are hereby expressly repealed. Section 9. If any part or parts of this Ordinance shall be held to be unconstitutional or otherwise invalid, such unconstitutionality or invalidity shall not affect the validity of the remaining provisions of this Ordinance. Section 10. That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. [Remainder of Page Intentionally Blank] 3 PASSED THIS 41h day of November, 2025. AYES: Alderpersons Chamberlin, Lovell, Hale, Pickel, Ketcham, Gossett NAYS: None ABSENT: Alderpersons Grimm,Nelson APPROVED THIS 4th day of November, 2025. Kent A. McDo 1, Mayor ATidd4ir!01 4Sth-Walters, City Clerk 4