Article 6 - Strong Mayor Form Government
(65 ILCS 5/Art. 6 heading) ARTICLE 6 STRONG MAYOR FORM GOVERNMENT
(65 ILCS 5/Art. 6 Div. 1 heading) DIVISION 1. GENERAL PROVISIONS
(65 ILCS 5/6‑1‑1) (from Ch. 24, par. 6‑1‑1)
Sec. 6‑1‑1. Short Title.
This article shall be known, may be cited, and is hereafter designated as "The Strong Mayor Form of Municipal Government".
(Source: P. A. 76‑746.) |
(65 ILCS 5/6‑1‑2) (from Ch. 24, par. 6‑1‑2)
Sec. 6‑1‑2. Application of Article 3.
The provisions of Article 3 shall apply to all officers elected or appointed under this Article 6 unless otherwise provided or unless there is a conflict between the provisions of this Article 6 and the provisions of Article 3. In the event of such conflict, the provisions of this Article 6 shall control.
(Source: P. A. 76‑746.) |
(65 ILCS 5/6‑1‑3) (from Ch. 24, par. 6‑1‑3)
Sec. 6‑1‑3.
This Article 6 does not apply to an incorporated town which has superseded a civil township.
(Source: P. A. 76‑746.) |
(65 ILCS 5/Art. 6 Div. 2 heading) DIVISION 2. ORGANIZATION
(65 ILCS 5/6‑2‑1) (from Ch. 24, par. 6‑2‑1)
Sec. 6‑2‑1. Adoption.
All municipalities of not less than 5,000 population and not exceeding 500,000 population which are treated as properly incorporated, or which hereafter are incorporated, under this Code, in addition to all rights, powers, and authority conferred upon them elsewhere in this Code, shall have the rights, powers, and authority conferred in this article, by proceeding as hereinafter provided.
(Source: P. A. 76‑746.) |
(65 ILCS 5/6‑2‑2) (from Ch. 24, par. 6‑2‑2)
Sec. 6‑2‑2. Petition ‑ Submission of proposition. Electors of any municipality, equal in number to 1/10 the number of votes cast for all candidates for mayor or president at the last preceding municipal election for such officer, may petition one of the circuit judges of the circuit in which that municipality is located to cause to be submitted to a vote of the electors of that municipality the proposition whether the municipality shall adopt this article.
Upon submission of such petition the court shall set a date not less than 10 nor more than 30 days thereafter for a hearing on the sufficiency thereof. Notice of the filing of such petition and of such date shall be given in writing to the city or village clerk and to the mayor or village president at least 7 days before the date of such hearing.
If the petition is found sufficient, the judge shall enter an order directing the submission of the proposition at the next general municipal election. The clerk of the circuit court shall certify the proposition to the proper election authority in accordance with the general election law for submission to the electors.
(Source: P.A. 81‑1489.) |
(65 ILCS 5/6‑2‑3) (from Ch. 24, par. 6‑2‑3)
Sec. 6‑2‑3. Form of Petition. The petition provided in Section 6‑2‑2 shall be substantially in the following form and in accordance with the general election law: To the Circuit Court of the (number of circuit) Judicial Circuit:
We, the undersigned electors of the city (or village) of (name of city or village), respectfully petition this court to order submitted to a vote of the electors of (name of city or village), the following proposition:
Shall the city (or village) of.... adopt the strong mayor form of municipal government?
(Source: P.A. 81‑1489.) |
(65 ILCS 5/6‑2‑5) (from Ch. 24, par. 6‑2‑5)
Sec. 6‑2‑5. Election ‑ Result. The referendum specified in Section 6‑2‑2 shall be conducted in accordance with the general election law.
The proposition shall be in substantially the following form:
‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑
Shall the city (or village) of YES
.............. adopt the strong ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑
mayor form of municipal government? NO
‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑
If a majority of the electors voting upon this proposition vote Yes, this article is adopted in that municipality. This article shall go into effect in such city or village upon the election and qualification of those persons elected at the next general municipal election at which any corporate authority is elected.
If a majority of the electors voting upon this proposition vote No, the proposition shall not be submitted again in that municipality for 22 months.
(Source: P.A. 81‑1489.) |
(65 ILCS 5/6‑2‑6) (from Ch. 24, par. 6‑2‑6)
Sec. 6‑2‑6. Canvass; record. A certified copy of the canvass of the votes on the proposition specified in Section 6‑2‑2, made by the proper officers of the election, shall be transmitted to the municipal clerk, and to the clerk of the county or counties in which the municipality is located. Each clerk shall transcribe the copy upon the records of the clerk's office.
(Source: P.A. 87‑1119.) |
(65 ILCS 5/6‑2‑7) (from Ch. 24, par. 6‑2‑7)
Sec. 6‑2‑7. Certificate of adoption. If the strong mayor form of municipal government is adopted, the mayor or president immediately shall transmit a certificate so stating to the Secretary of State and the clerk and the recorder of the county or counties in which the municipality is located. These officers shall file or record this certificate in their respective offices.
(Source: P.A. 87‑1119.) |
(65 ILCS 5/Art. 6 Div. 3 heading) DIVISION 3. ELECTION OF OFFICERS
(65 ILCS 5/6‑3‑1) (from Ch. 24, par. 6‑3‑1)
Sec. 6‑3‑1. Initial division into wards. Not later than 30 days prior to the first day on which candidate petitions may be filed for the primary election at which the first municipal officers are to be nominated for office under this Article 6, the corporate authorities shall divide the municipality into wards pursuant to Section 6‑3‑5.
(Source: P.A. 81‑1490.) |
(65 ILCS 5/6‑3‑2) (from Ch. 24, par. 6‑3‑2)
Sec. 6‑3‑2. Termination of terms of office.
The terms of office of all elected municipal officers holding office at the time of the issuance of the certificate of adoption of the strong mayor form of government by the municipality pursuant to Division 2 of this Article 6 shall terminate upon the election and qualification for office of municipal officers pursuant to this Division 3 of Article 6, except that where an existing form of municipal government has the same number of wards as would be required hereunder, the aldermen holding office at the time of the issuance of the certificate of adoption shall serve until the expiration of the terms for which they were elected.
(Source: P. A. 76‑746.) |
(65 ILCS 5/6‑3‑3) (from Ch. 24, par. 6‑3‑3)
Sec. 6‑3‑3. Municipal officers ‑ Terms.
The municipality shall have the following elected officers: one mayor, one municipal clerk and one municipal treasurer, all of whom shall be elected at large, and aldermen, the number of which shall be as follows: In cities not exceeding 25,000 inhabitants, 8 aldermen; between 25,001 and 40,000, 10 aldermen; between 40,001 and 60,000, 14 aldermen; between 60,001 and 80,000, 16 aldermen; and exceeding 80,000, 20 aldermen. Two aldermen shall be elected to represent each ward.
(Source: P. A. 76‑746.) |
(65 ILCS 5/6‑3‑4) (from Ch. 24, par. 6‑3‑4)
Sec. 6‑3‑4. Terms of office.
All terms of office of officials elected pursuant to this Division 3 of Article 6 shall be for terms of 4 years, except that aldermen elected at the first election for city officers held pursuant to this Article 6 shall draw lots so that one‑half of the aldermen shall hold for a 4 year term, and until their successors are elected and qualified, and one‑half of the aldermen shall hold for a 2 year term, and until their successors are elected and qualified. All aldermen thereafter elected shall hold office for a term of 4 years, and until their successors are elected and have qualified.
(Source: P. A. 76‑746.) |
(65 ILCS 5/6‑3‑5) (from Ch. 24, par. 6‑3‑5)
Sec. 6‑3‑5. Division into wards.
Every city shall have as many wards as one‑half the total number of aldermen to which the city is entitled. The city council, from time to time shall divide the city into that number of wards. In the formation of wards the population of each ward as determined by the latest city, state or national census shall be as nearly equal and the wards shall be of as compact and contiguous territory, as practicable.
(Source: P. A. 76‑746.) |
(65 ILCS 5/6‑3‑6) (from Ch. 24, par. 6‑3‑6)
Sec. 6‑3‑6. Redistricting of city. Whenever an official publication of any national, state, school, or city census shows that any city contains more or less wards than it is entitled to, the city council of the city, by ordinance, shall redistrict the city into as many wards only as the city is entitled. This redistricting shall be completed not less than 30 days before the first date on which candidate petitions may be filed for the next succeeding general municipal election. At this election there shall be elected the number of aldermen to which the city is entitled.
(Source: P.A. 81‑1489.) |
(65 ILCS 5/6‑3‑7) (from Ch. 24, par. 6‑3‑7)
Sec. 6‑3‑7. Ward division and election of aldermen ‑ Validation.
If, after a census is officially published, any city is divided into a greater or lesser number of wards and has elected a greater or lesser number of aldermen than the city is entitled, nevertheless such division and election shall be valid and all acts, resolutions and ordinances of the city council of such city, if in other respects in compliance with law, are valid.
(Source: P. A. 76‑746.) |
(65 ILCS 5/6‑3‑8) (from Ch. 24, par. 6‑3‑8)
Sec. 6‑3‑8. Resignation; vacancy. An alderman may resign from his or her office. A vacancy occurs in the office of alderman by reason of resignation, failure to elect or qualify, death, permanent physical or mental disability, conviction of a disqualifying crime, abandonment of office, or removal from office. If a vacancy occurs in the office of alderman in one of these ways or otherwise, the vacancy shall be filled as provided in Sections 3.1‑10‑50 and 3.1‑10‑55. An appointment to fill a vacancy shall be made within 60 days after the vacancy occurs. The requirement that an appointment be made within 60 days is an exclusive power and function of the State and is a denial and limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution of the power of a home rule municipality to require that an appointment be made within a different period after the vacancy occurs.
(Source: P.A. 87‑1052; 87‑1119; 88‑45.) |
(65 ILCS 5/6‑3‑9) (from Ch. 24, par. 6‑3‑9)
Sec. 6‑3‑9. Qualifications of mayor, city clerk, city treasurer and aldermen ‑ Eligibility for other office.
No person shall be eligible to the office of mayor, city clerk, city treasurer or alderman:
(1) Unless he is a qualified elector of the municipality and has resided therein at least one year next preceding his election or appointment; or
(2) Unless, in the case of aldermen, he resides within the ward for which he is elected; or
(3) If he is in arrears in the payment of any tax or other indebtedness due to the city; or
(4) If he has been convicted in Illinois state courts or in courts of the United States of malfeasance in office, bribery, or other infamous crime.
No alderman shall be eligible to any office, except that of acting mayor or mayor pro tem, the salary of which is payable out of the city treasury, if at the time of his appointment he is a member of the city council.
(Source: P.A. 76‑746.) |
(65 ILCS 5/6‑3‑10) (from Ch. 24, par. 6‑3‑10)
Sec. 6‑3‑10. General elections ‑ Time for.
The first general election pursuant to this Division 3 of Article 6 shall be held at the time the next general municipal election would have been held had the municipality not adopted this Article 6. At the first general election so held, one mayor, one municipal clerk, one municipal treasurer shall be elected at large and two aldermen shall be elected from each ward.
(Source: P. A. 76‑746.) |
(65 ILCS 5/6‑3‑11) (from Ch. 24, par. 6‑3‑11)
Sec. 6‑3‑11. Primary elections. A primary election shall be held to nominate 2 candidates for each office. Primary and general elections shall otherwise be conducted at such times and in such manner as is provided in the general election law.
(Source: P.A. 81‑1490.) |
(65 ILCS 5/Art. 6 Div. 4 heading) DIVISION 4. FUNCTIONS AND DUTIES OF MAYOR, COUNCIL AND OFFICERS
(65 ILCS 5/6‑4‑1) (from Ch. 24, par. 6‑4‑1)
Sec. 6‑4‑1. Mayor.
The mayor shall be recognized as the official head of the city or village by the courts for the purpose of serving civil process and by the governor for all legal purposes.
The mayor of any city or village which adopts this Article 6 shall have veto power as provided in Sections 6‑4‑2 through 6‑4‑4 and ordinances or measures may be passed over his veto as therein provided. Such mayor shall have the power to vote as provided in Section 6‑4‑5.
If any other act or any article of this Code other than Article 3 or Article 4 provides for the appointment of a board, commission or other agency by the mayor and the corporate authorities establish such board, commission or agency, such appointments shall be made in manner so provided.
(Source: P. A. 76‑746.) |
(65 ILCS 5/6‑4‑2) (from Ch. 24, par. 6‑4‑2)
Sec. 6‑4‑2. Ordinances ‑ Approval ‑ Veto.
All ordinances passed by the council shall be deposited with the city or village clerk. If the mayor approves of them, he shall sign them. Those of which he disapproves he shall return to the council, with his written objections, at the next regular meeting of the council occurring not less than 5 days after their passage. The mayor may disapprove of any one or more sums appropriated in any ordinance, resolution, or motion making an appropriation, and, if so, the remainder shall be effective. However, the mayor may disapprove entirely of an ordinance, resolution, or motion making an appropriation. If the mayor fails to return any ordinance or any specified resolution or motion with his written objections, within the designated time, it shall become effective despite the absence of his signature. The vote on every ordinance shall be by yeas and nays, and shall be recorded in the journal.
(Source: P. A. 76‑746.) |
(65 ILCS 5/6‑4‑3) (from Ch. 24, par. 6‑4‑3)
Sec. 6‑4‑3. Reconsideration ‑ Passage over veto.
Every ordinance, which is returned to the council by the mayor shall be reconsidered by the council. If, after such reconsideration, three‑fifths of all the aldermen then holding office on the city council agree to pass an ordinance, resolution, or motion, notwithstanding the mayor's refusal to approve it, then it shall be effective.
(Source: P. A. 76‑746.) |
(65 ILCS 5/6‑4‑4) (from Ch. 24, par. 6‑4‑4)
Sec. 6‑4‑4. Vote of city council ‑ Reconsideration.
No vote of the city council shall be reconsidered or rescinded at a special meeting, unless there are present at the special meeting as many aldermen as were present when the vote was taken.
(Source: P. A. 76‑746.) |
(65 ILCS 5/6‑4‑5) (from Ch. 24, par. 6‑4‑5)
Sec. 6‑4‑5. (Repealed).
(Source: Repealed by P.A. 87‑1119.) |
(65 ILCS 5/6‑4‑6) (from Ch. 24, par. 6‑4‑6)
Sec. 6‑4‑6. Powers of council.
The powers of the council shall be purely legislative, except as may be otherwise specifically provided by any other act or by any article of this Code. The council shall approve for payment of all expenses and liabilities of the municipality.
(Source: P. A. 76‑746.) |
(65 ILCS 5/6‑4‑7) (from Ch. 24, par. 6‑4‑7)
Sec. 6‑4‑7. Mayor ‑ Powers and duties.
The powers and duties of the mayor shall be:
(1) To enforce the laws and ordinances within the municipality;
(2) To appoint and remove his administrative assistants, budget and finance director, heads of all departments, and to appoint and remove all other officers of the municipality, commissions, boards and agencies, except those covered by the civil service act in municip
|