HomeMy WebLinkAboutOrdinance#4238 ORDINANCE NO 4238
AN ORDINANCE AMENDING TITLE 1, CHAPTER 25 (BUDGET DIRECTOR) OF
THE CANTON MUNICIPAL CODE OF THE CITY OF CANTON,ILLINOIS.
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, Title 1, Chapter 25 of the Canton Municipal Code (the "Code") contains
provisions related to the appointment of a Budget Director, similar to the provisions of the Illinois
Municipal Code for a Budget Officer;
WHEREAS, the City Council of the City of Canton has determined that it is necessary
and in the best interest of the City to amend the duties of City Treasurer and amend Title 1, Chapter
25 of the Code.
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 City hereby adopts Sections 8-2-9.1 through 8-2-9.10 of the Illinois Municipal
Code (65 ILCS 5/8-2-9.1 through 65 ILCS 5/8-2-9.10).
Section 3. That the title of Title 1, Chapter 25 be,is hereby amended to be"BUDGET OFFICER."
Section 4. That Section 1-25-1 of the Canton Municipal Code is hereby amended by replacing
said Section 1-25-1 in its entirety to state the following:
1-25-1: OFFICE CREATED, APPOINTMENT,TERM, AND QUALIFICATIONS:
(A) There is hereby created an office of Budget Officer. The Budget Officer shall be
appointed by the mayor with the advice and consent of the city council. The Budget Officer
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. The Budget Officer (and any assistants) shall
serve at the pleasure of the Mayor.
(B) The Budget Officer shall have the same qualifications as the City Treasurer.
(C) The Mayor may appoint the City Treasurer as the Budget Officer, in which case the
duties of the Budget Officer hereunder shall be part of and in addition to the duties of the
City Treasurer.
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Section 5. That Section 1-25-2 of the Canton Municipal Code is hereby amended by replacing
said Section 1-25-2 in its entirety to state the following:
1-25-2: OATH; BOND:
Any person filling and discharging the duties of Budget Officer 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.
Section 6. That Section 1-25-3 of the Canton Municipal Code is hereby amended by replacing
said Section 1-25-3 in its entirety to state the following:
1-25-3: POWERS AND DUTIES:
(A) The Budget Officer shall be responsible to the mayor for the proper administration
of all the budget affairs of the city. In discharging this responsibility, the Budget Officer
shall conform to and follow the duties as prescribed in 65 Illinois Compiled Statutes 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 Illinois Compiled Statutes 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.
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.
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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.
Section 7. That Section 1-25-4 of the Canton Municipal Code is hereby amended by replacing
said Section 1-25-4 in its entirety to state the following:
1-25-4: REMOVAL AND RESIGNATION:
The Budget Officer may be suspended or discharged by the mayor in consultation with the
city council in accordance with state statute and according to the terms and conditions of
the employment contract, if any. The Budget Officer may also resign from the position
upon giving thirty (30) days' prior written notice to the mayor.
Section 8. That Section 1-25-5 of the Canton Municipal Code is hereby amended by replacing
said Section 1-25-5 in its entirety to state the following:
1-25-5: COMPENSATION:
(A) The Budget Officer may receive such compensation as the mayor and city council
shall fix from time to time.
(B) The Mayor may, with subsequent ratification by the City Council, enter into an
employment and/or services contract, which specifies in writing the level of compensation
of the Budget Officer, fringe benefits, including the level of support for the Budget
Officer's continuing professional education, agreements for separation pay upon
termination of employment, other appropriate agreements describing the working
relationship between the Budget Officer and the elected officials and the Mayor and City
Council's performance expectations for the Budget Officer. This agreement may be
reviewed and revised by mutual agreement of the parties at periodic intervals.
(C) Notwithstanding the foregoing, in the event the City Treasurer is appointed as the
Budget Officer,then the compensation of the City Treasurer shall be the sole compensation
paid to the Budget Officer/City Treasurer, unless otherwise approved by resolution of the
City Council, as the duties of the Budget Officer are therein intended to be the duties of the
City Treasurer. Any additional compensation to the Budget Officer/City Treasurer
pursuant to this Paragraph shall be solely for the office of Budget Officer, and may be
approved from time-to-time by the City Council.
Section 9. That Section 1-25-6 of the Canton Municipal Code is hereby amended by replacing
said Section 1-25-6 in its entirety to state the following:
1-25-6: CONFLICT OF INTEREST PROHIBITED:
The Budget Officer 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.
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Section 10. That Section 1-25-7 of the Canton Municipal Code is hereby amended by replacing
said Section 1-25-7 in its entirety to state the following:
1-25-7: ASSISTANTS:
The Mayor and the Budget Officer 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 Budget Officer may require, as needed to assist the
Budget Officer in performing his or her duties, and as the City Council by ordinance or
resolution shall from time to time authorize.
Section 11. The remaining provisions of Title 1, Chapter 25 shall remain in full force and effect,
unchanged by the foregoing amendments.
Section 12.That all ordinances or parts thereof in conflict with this Ordinance are hereby expressly
repealed.
Section 13. 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 14. That this Ordinance shall be in full force and effect from and after its passage and
approval as provided by law.
PASSED THIS 1st day of June, 2021.
AYES: Alderman Justin Nelson, Angela Lingenfelter, Jeff Fritz, Angela Hale, Craig West, John
Lovell, Andra Chamberlin, Greg Gossett
NAYS: None
ABSENT: None
APPROVED THIS 1st day of June, 2021.
Kent A. McDowell, Mayor
ATTEST:
Diana Pavley-Rock, City Cler
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