be elected, by ballot, by the common council, annually.* The assessors of said city shall be appointed annually, by ballot, by the common council, on the first Monday in March, or within thirty days thereafter. Any provision in the acts to which this is an amendment, conflicting with this section, is hereby repealed. In case the common council of said city shall provide for the appointment of a city auditor, he shall be appointed by ballot of the common council, and may be removed at any time, by a vote of two-thirds of all the aldermen authorized by law to be elected.† 22. OFFICERS-TERM, ETC., WHEN TERM NOT FIXED SPECIALLY.] Act February 13, 1863, chap. 2. SEC. 16. All other officers mentioned in this act, and not otherwise specially provided for, shall be appointed by the mayor, by and with the advice and consent of the common council, biennially, on or before the second Monday of May, or as soon thereafter as may be, and shall respectively continue in office two years from the said second Monday of May, and until the appointment and qualification of their successors. Officers elected or appointed to fill vacancies, shall respectively hold for the unexpired term only and until the election or appointment and qualification of their successors. 23. OFFICERS, HOW REMOVED-CHARGES-TRIALS, ETC.] Ibid. SEC. 17. Every person appointed to any office by the common council, or by the mayor with the advice and consent of the common council, and every person elected to any office by the people, for whose removal from office no other provision has been specially provided by this act, may be removed from such office by a vote of two-thirds of all the aldermen authorized by law to be elected.§ But no officer shall be removed except for cause, nor unless furnished with the charges and heard in his defense, and the common council shall have power to compel the attendance of witnesses and the production of papers, when necessary for the purpose of such trial, and shall proceed, within ten days, to hear and determine upon the merits of the case, and if such officer neglect to appear and answer to such charges, then the common council may declare the office vacant; and any officer may be suspended until the disposition of charges when preferred. 24. MAYOR'S OFFICE-VACANCY HOW FILLED OTHER VACANCIES.] Ibid. SEC. 18. When any vacancy shall happen, by death, resignation, removal or otherwise, in the office of mayor, such vacancy shall be filled by a new election, and the common council shall order a new election within ten days after the happening of such vacancy, provided more than six months of the term shall then remain unexpired. Any vacancy occasioned by the death, removal, resignation or refusal to serve of any other city officer elected by the people, or appointed by the mayor with the advice and consent of the common council, may be filled by appointment by the mayor, with the advice and consent of the council, except in cases where a different provision is herein specially made for filling such vacancy. The common council, See house of correction, chapter 21. As to duties of auditor it appointed, see post, chapter 5, section 61. § Mayor may remove; see post chapter 3, section 3. with the like exception, may fill any vacancy occurring in any office, to which, by this act, they have the power of election or appointment.* 25. OFFICIAL BONDS-WHEN TO BE FILED-FAILURE-OFFICER NOT TO BE SURETY.] Ibid. SEC. 19. All city officers who are required, by the provisions of this act, or by any legal ordinance passed by the common council, to give bonds for the faithful performance of their official duty, shall file their bonds with the city clerk, within fifteen days after their election or appointment, and he shall record the same, when approved, in a book kept for that purpose. When bonds are not filed with the city clerk within fifteen days after the votes shall have been officially canvassed, or after the appointment shall have been made, the person so in default shall be deemed to have refused said office, and the same shall be filled by appointment as in other cases. If, in any case, any official bond, so filed, shall not be approved, the officer filing the same shall furnish a new and satisfactory bond, within fifteen days after such disapproval, and in case of failure so to do, he shall be deemed to have refused said office, and the same shall be filled as above provided. No alderman or other city officer shall be taken as surety upon any bond, note or obligation made to the city. No city officer, required to give bond as aforesaid, shall enter upon the discharge of the duties of his office until such bond shall have been filed and approved as by this act provided. 26. WHO ELIGIBLE TO OFFICE-DEFAULTERS.] Ibid. SEC. 20. All citizens of the United States, qualified to vote at any election held under this act, shall be qualified to hold any office created by this act, except in cases where a different provision has been herein especially made; but no person shall be eligible to any office or place under this or any other act in relation to said city, who is now, or may hereafter be, a defaulter to said city, or to the state of Illinois, or any county thereof; and any person shall be considered a defaulter who has refused or neglected, or may hereafter refuse or neglect, for thirty days after demand made, to account for and pay over, to the party authorized to receive the same, any public money which may have come into his possession. And if any person holding any such office or place shall become a defaulter whilst in office, the office or place shall thereupon be come vacant. 27. ELECTIONS HOW CONDUCTED OFFICERS ELECTED TO BE NOTIFIED.] Ibid. SEC. 21. The manner of conducting and voting at elections to be held under this act, and contesting the same, the keeping of the poll-lists, canvassing of the votes, and certifying the returns, shall be the same, as nearly as may be, as is now, or may hereafter be, provided by law at general state elections: Provided, the council shall have power to regulate elections. The voting shall be by ballot, and the inspectors of elections shall take the same oath and shall have the same power and authority as inspectors of general elections. The polls shall be opened by the inspectors at eight o'clock in the morning, and kept open until seven o'clock in the evening, and every violation of this provision shall subject the inspectors so offending to a penalty of one hundred dollars. After the closing of the polls, the ballots shall Post, chapter 3, section 3. be counted in the manner required by law, and the returns shall be returned sealed to the city clerk within three days after the election, and thereupon the common council shall meet and canvass the same and declare the result of the election. It shall be the duty of the clerk to notify all persons, elected or appointed to office, of their election or appointment, and unless such persons shall respectively qualify, within fifteen days thereafter, the offices shall become vacant.* 28. ELECTION RETURNS BOARD OF CANVASSERS.] Act March 10, 1869. SEC. 12. The returns of elections, ballots, poll and registry lists or books shall be made to and deposited with the clerk of the county court of said Cook county, and in canvassing said returns he shall call to his assistance the city clerk of said city and three justices of the peace of said county, who shall constitute the board of canvassers, and who shall have all the powers and perform all the duties appertaining thereto, as now required by law, and, as to city officers, shall certify in writing to the common council of said city, under their hands, the number of votes received by each and every candidate voted for, for any municipal office, immediately after making said can vass.* 29. QUALIFICATIONS TO VOTE.] Ibid. SEC. 13. The qualifications of voters under this act shall be the same as now required by law at general elections, and all officers to be elected by the people under this act shall be voted for on the same ballot with the officers to be elected under the constitution and general laws of the state.† 30. FREEDOM FROM ARREST, ETC., ELECTION DAY, ETC.] Act Febru ary 13, 1863, chap. 2. SEc. 23. The persons entitled to vote at any election held under this act, shall not be arrested on civil process within said city upon the day on which said election is held, and all persons illegally voting at any election under this act, shall be punishable according to the laws of this state. * See next section; see also statutes of Illinois, act of April 3, 1872, entitled post, chapter 22, section 25. + See act April 3, 1872, ** Elections," statutes of Illinois. Elections:" also. 1. OATH OF OFFICE.] Act February 13, 1863, chap. 3. SECTION 1. Every person chosen or appointed to an executive, judicial or administrative office under this act, shall, before he enters on the duties of his office, take and subscribe the oath of office prescribed in the constitution of this state, and file the same, duly certified by the officer before whom it was taken, with the city clerk.* 2. MAYOR'S DUTIES, SALARY, ETC.] Ibid, SEC. 2. The mayor shall preside over the meetings of the common council and take care that the laws of the state and the ordinances of the city are duly enforced, respected and observed, and that all other executive officers of the city discharge their respective duties. He shall, from time to time, give the common council such information, and recommend such measures, as he may deem advantageous to the city. He shall have a salary of thirty-five hundred dollars per annum in full compensation of all official services devolved upon him by this or any subsequent act. He shall be a member ex-officio of the board of police and of the board of public works, and shall be clothed with all the power and authority and be subject to all the general duties and responsibilities of a commissioner of each of said boards: Provided, however, that he shall not act as commissioner of the board of public works in making any special assessment for any public work or improvement, nor shall he be required to give a bond to the city as a member of either of said boards. The mayor shall likewise have power, ex-officio, to administer any oath authorized to be taken by the laws of this state. 3. MAYOR TO APPOINT AND REMOVE ALL OFFICERS EXCEPT THOSE ELECTED, ETC.] Act March 9, 1872.§ SEC. 1. That in all cities in this state, all city officers (whose election by the qualified voters thereof is not provided for by law) and also all members of boards organized under the charter (or amendments thereto) of any such city, except those appointed by the governor of the state, shall be appointed by the mayor of the city, by and with the consent of the legislative authority thereof, a majority of As to board of public works; post, chapter 6, section 35. Mayor no longer a member of the board of police or the board of public works; see chapter 2, section 12. § In force for two years only; post, section 7. all the members elect concurring by yeas and nays to be entered upon its journal. Any such city officer or member of any such board may be removed by the mayor of any such city, whenever, in his opinion, the interests of the city may require such removal; but he shall report, in writing, his reasons for such removal to the said legislative authority at its next regular meeting. In case of a removal from, or a vacancy in, any such office or board, a successor may be appointed by the mayor, with the like consent of the legislative authority of any such city. 4. MAYOR INSPECT ALL CITY BOOKS, RECORDS, ETC.] Ibid. SEc. 2. The mayor of any such city shall have power, at any and all times, to examine and inspect the records, books and papers of any board, officer, agent or servant of the city, and to require from him or them a detailed statement, in writing, of any transaction of such board, officer, agent or servant. It shall be the duty of any such mayor, when requested by resolution, to furnish to the legislative authority of any such city, or either branch thereof, any information in his possession or control, concerning any matter or transaction connected with the administration of the city government. The mayor of every such city shall be held responsible for the good order and government of the city; he shall have and exercise, within the city limits, the powers conferred by law upon sheriffs of counties to suppress disorder and keep the peace, and in the exercise of such powers, he may direct and control the officers and members of the police and fire departments of the city. of 5. MAYOR MAY VETO ALL OR PART OF APPROPRIATION ORDINANCE.] Ibid. SEC. 3. That whenever by law the legislative authority of any such city is required to provide for the municipal expenditures by the passage an annual appropriation bill (or ordinance) it shall and may be lawful for the mayor thereof, when any such bill or ordinance is submitted to him for approval or disapproval, to veto any one or more items or appropriations contained in such bill or ordinance, or to veto or approve the entire bill or ordinance. If he shall veto only a part of such bill or ordinance and approve the remainder, the part approved shall be as valid as if the whole ordinance had been approved; and he shall report to such legislative authority, his reasons for vetoing the part of the ordinance vetoed, and the same proceedings shall be had, as to the items or parts vetoed, as is by law provided to be had when there is a veto of the bill or ordinance as a whole. 6. MAYOR EX-OFFICIO PRESIDENT OF COUNCIL.] Ibid. SEC. 4. Mayors shall be ex-officio presidents of the common councils or boards of aldermen of all cities in this state, and shall preside, when present, at all meetings, and appoint the standing committees. 7. LIMITATION AS TO LIFE OF ACT.] Ibid. SEC. 5. This act shall only remain in force for the term of two years from and after its passage.* 8. VETO POWER OF MAYOR.] Act February 13, 1863, chap. 3. SEC. 3. Every act, ordinance or resolution, passed by the common council, before it shall take effect and within five days after its passage, shall be presented, duly certified by the city clerk, to the mayor for his approbation. If he *Act March 9, 1872, sections 3, 4, 5, 6 and 7 of this chapter. |