HomeMy WebLinkAboutOrdinance #4562 - Amending Title 1, Chapter 30 (Budget Officer and Economic Development Administrator), Establishing Seperate Offices of Finance Director 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 June 16. 2026. the City Council of such
municipality passed and approved Ordinance #4562 entitled:
AN ORDINANCE AMENDING TITLE 1, CHAPTER 30 (BUDGET OFFICER AND
ECONOMIC DEVELOPMENT ADMINISTRATOR), ESTABLISHING SEPARATE
OFFICES OF FINANCE DIRECTOR AND ECONOMIC DEVELOPMENT
ADMINISTRATOR, AND DESIGNATING THE FINANCE DIRECTOR AS THE CITY'S
BUDGET OFFICER PURSUANT TO 65 ILCS 5/8-2-9.1 THROUGH 65 ILCS 5/8-2-9.10
The ordinance attached is a true and correct copy of the ordinance adopted by Canton
City Council.
DATED AT CANTON, ILLINOIS, THIS 16th DAY OF June, 2026
Seal
ndi Smith-Walters, City Clerk
ity of Canton, Illinois
ORDINANCE NO. 4562
AN ORDINANCE AMENDING TITLE 1, CHAPTER 30 (BUDGET OFFICER AND
ECONOMIC DEVELOPMENT ADMINISTRATOR), ESTABLISHING SEPARATE
OFFICES OF FINANCE DIRECTOR AND ECONOMIC DEVELOPMENT
ADMINISTRATOR,AND DESIGNATING THE FINANCE DIRECTOR AS THE CITY'S
BUDGET OFFICER PURSUANT TO 65 ILCS 5/8-2-9.1 THROUGH 65 ILCS 5/8-2-9.10
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, and on or about
November 4, 2025, the City adopted Ordinance No. 4510, which amended Title 1, Chapter 30 of
the Code to provide for independent contractors to serve as the Budget Officer and Economic
Development Administrator;
WHEREAS,the corporate authorities of the City now desire to create a separate office of
Finance Director to serve as the City's Budget Officer;
WHEREAS, the corporate authorities have determined that it is necessary and in the best
interests of the City to amend Title 1,Chapter 30 and to create a new Title 1,Chapter 31 to establish
the office of Finance Director and designate the Finance Director as the City's Budget Officer.
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. The title of Title 1, Chapter 30 of the Canton Municipal Code, entitled,
"BUDGET OFFICER AND ECONOMIC DEVELOPMENT ADMINISTRATOR," is hereby
amended to"ECONOMIC DEVELOPMENT ADMINISTRATOR."
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Section 3. Section 1-30-1 of the Canton Municipal Code is hereby amended in its entirety
to state as follows:
1-30-1: OFFICE CREATED, APPOINTMENT, TERM, AND QUALIFICATIONS:
(A) There is hereby created an office of Economic Development Administrator. For
purposes of this Chapter,the term "Administrator" shall mean the Economic Development
Administrator.
(B) The Administrator shall be appointed by the Mayor with the advice and consent of
the city council. The Administrator shall be chosen on the basis of executive,
administrative, and educational qualifications with special emphasis on the actual
experience in, or knowledge of, accepted practice with respect to the office hereinafter set
forth and/or as set forth within any approved job description for the Administrator. The
Administrator shall serve at the pleasure of the Mayor.
(C) 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 4. Section 1-30-3 of the Canton Municipal Code is hereby amended in its entirety
to state as follows:
1-30-3: POWERS AND DUTIES:
(A) The Administrator shall be responsible to the Mayor for the proper administration
of economic development and community development programs implemented by the
City, including but not limited to the administration of tax-increment financing (TIF)
districts and business development districts (BDD), by promoting the incentive programs,
TIF Districts or BDDs as a tool to drive economic development in the city, project
evaluation and making recommendations to the City Council for approval of funded
projects, financial tracking, compliance reporting and administration of redevelopment
agreements, and compliance of projects with applicable law.
(B) Unless otherwise set forth in a services or employment 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 economic development and/or community development impact and
considerations of all items being discussed on the relevant agenda.
(C) 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
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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:
(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 an employment agreement,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. Notwithstanding the foregoing, the Mayor may temporarily suspend the
Administrator for a period up to thirty(30)days without consultation with the City Council.
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
and may suspend the Finance Director without consultation with City Council for a period
up to thirty (30)days.
Section 6. Subsection 1-30-5(B) of the Canton Municipal Code is hereby amended in its
entirety to state as follows:
(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 agreement 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.
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Section 6. Title 1,Chapter 31,which shall be entitled,"FINANCE DIRECTOR,"is hereby
added to the Canton Municipal Code and shall state as follows:
1-31-1: OFFICE CREATED, APPOINTMENT, TERM,AND QUALIFICATIONS:
(A) There is hereby created an office of Finance Director.
(B) The Finance Director shall be appointed and designated by the Mayor with the
advice and consent and approval of the city council. The Finance Director shall be chosen
on the basis of executive, administrative, and educational qualifications with special
emphasis on the actual experience in, or knowledge of, accepted practice with respect to
the office hereinafter set forth and/or as set forth within any approved job description for
the Finance Director. The Finance Director shall serve at the pleasure of the Mayor.
(C) In the event the Finance Director is an independent contractor, including but not
limited to a limited liability company or corporation,then the Administrator's appointment
and designation (collectively hereinafter in this Chapter, "appointment") shall be subject
to a services agreement be approved by the corporate authorities and executed by the
Mayor.
1-31-2: OATH; BOND:
Any person filling and discharging the duties of Finance Director 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.
1-31-3: POWERS AND DUTIES:
(A) The Finance Director shall be responsible to the Mayor for the proper
administration of all the budget affairs of the City. In discharging this responsibility, the
Finance Director shall conform to and follow the duties as prescribed in 65 ILCS 5/8-2-9.1
through 5/8-2-9.10, as amended from time-to-time, including, but not limited to, the
following:
1. Permit and encourage and establish the use of efficient planning, budgeting,
auditing, reporting, accounting, and other fiscal management procedures in all
municipal departments, commissions, and boards.
2. Compile an annual budget in accordance with 65 ILCS 5/8-2-9.3.
3. Examine all books and records of all municipal departments, commissions, and
boards which relate to monies received by the municipality,municipal departments,
commissions,and boards,and paid out by the municipality,municipal departments,
commissions, and boards, debts and accounts receivable, amounts owed by or to
the municipality, municipal departments, commissions and boards.
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4. Obtain such additional information from the municipality, municipal
departments, commissions, and boards as may be useful to the budget officer for
purposes of compiling a municipal budget, such information to be furnished by the
municipality,municipal departments,commissions,and boards in the form required
by the budget officer.Any department,commission or board which refuses to make
such information as is requested of it available to the budget officer shall not be
permitted to make expenditures under any subsequent budget for the municipality
until such municipal department, commission, or board shall comply in full with
the request of the budget officer.
5. Establish and maintain such procedures as to ensure that no expenditures are
made by the municipality,municipal departments,commissions,or board except as
authorized by the budget.
(B) Unless otherwise set forth in a services or employment agreement between the
Finance Director and the City, the Finance Director 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.
(C) The Finance Director 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 Finance Director,however,that the Finance Director shall remain obligated
to perform the other duties set forth in this Section. If the Finance Director is an
independent contractor, nothing in this Section prohibits the City from establishing job
duties of the Finance Director,pursuant to a services agreement with the Finance Director,
that are in addition to this Section and that may be amended by and/or directed by the
Mayor from time-to-time.
1-31-4: REMOVAL AND RESIGNATION:
(A) If the Finance Director is an employee: The Finance Director 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 an employment
agreement,if any.The Mayor may impose any other discipline he or she feels is appropriate
without consultation with the City Council.The Finance Director may also resign from the
position upon giving thirty (30)days'prior written notice to the Mayor.
(B) If the Finance Director is an independent contractor: The Finance Director 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 a Finance Director that is an independent
contractor. Notwithstanding the foregoing, the Mayor may temporarily suspend the
Finance Director for a period up to thirty (30) days without consultation with the City
Council. If no services agreement is executed, for whatever reason, then the Mayor may
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terminate or suspend the Finance Director with or without cause upon consultation with
the City Council and may suspend the Finance Director without consultation with City
Council for a period up to thirty (30)days.
1-31-5: COMPENSATION; EMPLOYMENT AGREEMENT:
(A) The Finance Director may receive such compensation as the Mayor and City
Council shall fix from time to time.
(B) If the Finance Director is to be an employee of the City,then the Mayor may, with
approval by the City Council, enter into an employment agreement with the Finance
Director, which specifies in writing the level of compensation of the Finance Director,
fringe benefits, including the level of support for the Finance Director's continuing
professional education,agreements for separation pay upon termination of employment(if
any), other appropriate agreements describing the working relationship between the
Finance Director and the City. This agreement may be reviewed and revised by mutual
agreement of the parties at periodic intervals.
(C) If the Finance Director 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 Finance Director, which specifies in writing the level of compensation of the Finance
Director, services to be provided to the City, insurance requirements for the Finance
Director, and other appropriate agreements describing the working relationship between
the Finance Director and the City. This agreement may be reviewed and revised by mutual
agreement of the parties at periodic intervals.
1-31-6: CONFLICT OF INTEREST PROHIBITED:
The Finance Director shall not derive any personal benefit, directly or indirectly, from
any contractual work or business of the city or from the sale of any article from the city
or from the purchase of property therefrom.
1-31-7: 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 Finance Director may require, as needed to assist the Finance Director in
performing the Finance Director's duties, and as the City Council by ordinance or
resolution shall from time to time authorize.
1-31-8: BUDGET IN LIEU OF APPROPRIATIONS ORDINANCE; BUDGET
OFFICER:
The City hereby re-adopts 65 ILCS 5/9-2-9.1 through 65 ILCS 5/9-2-9.10. Pursuant to 65
ILCS 5/8-2-9.1, the Mayor has the authority to designate the budget officer, with the
approval of the corporate authorities. Furthermore, to the extent there is a vacancy in the
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office of Finance Director, the Mayor may designate a person or entity to hold the office
of Budget Officer with the powers authorities granted by law and/or pursuant to said
designation, with approval of the corporate authorities, until the vacancy in the office of
Finance Director is filled.
Section 8. Title 1, Chapter 25 of the Canton Municipal Code, entitled "Budget Officer" is
hereby repealed and shall hereinafter be considered"Reserved."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.
PASSED THIS 161h DAY OF JUNE, 2026.
AYES: Mayor McDowell, Alderpersons Chamberlin, Lovell, Hale, Pickel, Ketcham, Gossett
NAYS: None
ABSENT: Alderpersons Nelson, Grimm
APPROVED THIS 16th DAY OF JUNE, 2026.
Kent A. McDowell, Mayor
ATT or
�Al, zal��
ndrea J. Sm h-Walters, City Clerk
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