A Candidate's Guide to Municipal Government

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ILLINOIS MUNICIPAL LEAGUE

A Candidate’s Guide to Municipal Government

2021 Municipal Election Edition

Since 1913, the Illinois Municipal League (IML) has been the government are subject to simple variations, such as the statewide organization representing all 1,296 municipalities number of members of a legislative body, the terms of in Illinois, including yours. Running for elected office is a office and minority representation. There are also three serious undertaking and requires preparation and effort. more complicated variations of municipal government. This Candidate’s Guide is intended to serve as a primer These variations are called “strong mayor” form, on local government for those seeking elected office. The “manager” form and “commission” form. Each form has following information is on the structure of municipal its own rules for the selection and type of officers, their government and a summary of the functions and duties of powers and responsibilities, and the general operations of local elected officials. government. An overview of these forms of government is provided below. FORMS OF MUNICIPAL GOVERNMENT ALDERMANIC-CITY FORM Except for 19 municipalities operating under pre-1870 The aldermanic-city form of municipal government is made charters as incorporated towns, all other municipalities up of two aldermen per ward elected for four-year terms. in Illinois are either cities or villages. Many municipalities Terms are staggered so that half of the aldermen are elected operate under either an aldermanic-city or a trustee- every two years. The population of the city determines village form of government. These standard forms of the number of aldermen. Under the aldermanic form of

A municipality functions as an vote of one half of the council, and there exercise the same powers and perform organization made up of individuals with is no tie. The mayor or president may also the same duties as the city council. In various roles and responsibilities. Below vote when a vote greater than a majority municipalities under the commission is an overview of those positions as well of the corporate authorities is required. form, the corporate authorities consist as their functions. As chief executive officer of the city of the mayor and four commissioners. Under the manager form, the mayor and THE MAYOR OR PRESIDENT responsible for seeing that all laws and ordinances are enforced, the mayor is, council or president and board of trustees The mayor is the chief executive in effect, the administrative superior of constitute the corporate authorities. officer of the city. The president is the all officers and employees, other than It is important to note that sometimes corresponding chief executive officer the aldermen. statutory provisions require that actions of the village or town. The president, be taken by a specific majority of the however, may alternatively be referred to The Illinois Liquor Control Act makes “aldermen or trustees,” rather than the as the mayor. The mayor or the president the mayor, or their designee, the Local “corporate authorities.” In those cases, performs all of the duties prescribed Liquor Control Commissioner, with the mayor or president does not vote on by law, including municipal ordinances, power to enforce the appropriate the matter. and is required to see that the laws provisions of the Act and local and ordinances are faithfully executed. ordinances relating to the subject. THE MANAGER The president has the same general THE CITY COUNCIL, VILLAGE BOARD Under the manager form of government, supervisory powers and duties as the OF TRUSTEES AND CORPORATE the manager is the chief administrative mayor, except where the Illinois Municipal AUTHORITIES officer of the municipality and is Code specifically provides otherwise. therefore responsible for the efficient The legislative body of the municipality The mayor’s term is four years unless administration of all departments. They is the council or board. It is the default are vested by statute with the power and the municipality has locally adopted a repository of all municipal powers that two-year term of office. The mayor is duty to enforce the laws and ordinances have not been specifically delegated within the municipality. The manager is required to give the council information to some other office or board of the concerning the affairs of the city. appointed and serves at the discretion municipality. The language of the Illinois of the council or board with no set term Under most forms of municipal Municipal Code is such that in most cases of office. government, the mayor or president is a the powers granted under it are to be member of the corporate authorities, but exercised by the “corporate authorities.” The manager appoints and removes all generally only presides over the council’s In cities, the corporate authorities department directors. Appointments are or board’s deliberations. The mayor or are the mayor and the aldermen. In to be made on the basis of merit and president casts a vote in the event of a tie villages, the corporate authorities are fitness. The manager also selects the or if a measure has received a favorable the president and board of trustees, who municipal attorney. Because the manager government, the mayor is the chief the village treasurer is appointed. The designates each member to be either executive officer. The mayor, city term of the president, trustees and the commissioner of accounts and clerk and city treasurer are elected to clerk is four years, unless reduced to finances, public health and safety, four-year terms. two years by referendum. As with the streets and public improvements or mayor in the aldermanic-city form, public property. The mayor serves TRUSTEE-VILLAGE FORM the appointments to all non-elective as commissioner of public affairs. Under the trustee-village form, offices are made by the president The council may appoint the clerk the legislative body consists of six with the advice and consent of the and treasurer, as well as all the trustees, generally elected from board of trustees. other officers whose appointment is the village at large. Villages with a not delegated. Each commissioner population of less than 5,000 may, COMMISSION FORM is given executive control over by referendum, reduce the number of The commission form of government administrative departments trustees from six to four. Villages with is limited to municipalities with a assigned to them. By referendum, a population of more than 25,000 population of less than 200,000. This the electors may provide for the may have each trustee elected by form allows voters to elect a mayor election of commissioners to specific district instead of from the village and four commissioners who serve departments. Mayors in a commission at large. The village president and as the council. At the first regular form do not have veto authority. village clerk are elected at large, but meeting after an election, the council

exercises control over all departments and the clerk exercises general supervision the clerk, as well as issuing money only divisions of the municipality, they must over all officers of the municipality on warrants or bonds duly signed by attend all meetings of the council or board charged in any manner with the receipt, the president or mayor and clerk. The and may take part in the discussions, collection or disbursement of the treasurer keeps separate accounts for but may not vote. The manager may municipal revenue. The clerk has custody taxes levied for a specific purpose, bond recommend that the corporate authorities and control of all municipal documents, funds and special assessment funds. adopt such measures as they deem books and papers the corporate The treasurer is also the custodian necessary or expedient. The manager also authorities designate. Except under of the following special funds, has those powers and duties granted in the manager form, it is also the clerk’s among others, if and when they are the statutes to clerks and comptrollers duty to prepare an annual estimate of created: the police pension fund, the with respect to the preparation of a report expenses for use in the preparation of the firefighters’ pension fund, the house of of estimated funds necessary to defray annual appropriation ordinance. correction pension fund, and the library the expense of the city or village for the In many municipalities, the clerk is employees’ pension fund. fiscal year to be used by the corporate eligible to be the local registrar of vital The treasurer is personally liable for all authorities in the preparation of an annual statistics and, if appointed, must keep the appropriation ordinance. funds deposited with them, regardless of records and make the reports to the State whether they are negligent in handling THE CLERK Registrar of Vital Records as prescribed them. by the statutes concerned with births. The clerk keeps the corporate seal, Under oath, the treasurer must make a which is to be provided by the corporate Certain other powers and functions monthly report, or issue reports more authorities, and all papers belonging are delegated to the clerk by statute, often if required by the corporate to the municipality. The corporate including the power to administer oaths. authorities, showing the state of the authorities are free to disburse public As the local election authority, the clerk treasury and its remaining balance as of records to other officers as efficiency and has various duties in the municipal the date of the report. election process. practicality require. The clerk attends all The treasurer is prohibited from making meetings of the corporate authorities, THE TREASURER personal use of any municipal funds in including executive sessions, and keeps their possession. a full record of their proceedings in The treasurer or an appointed finance the form of minutes. Usually the clerk, officer is the custodian of all funds by custom or ordinance, publishes all belonging to the municipality. As such, Excerpted from IML’s Illinois Municipal ordinances, either in the local newspaper they keep records that show a separate Handbook. Available for purchase online at or in pamphlet form. account for each fund or appropriation. www.iml.org/publications. The treasurer issues receipts for money If no comptroller is elected or appointed, received and files copies thereof with

MANAGER FORM chiefs of police and fire departments office of mayor are merged with The manager form of government if authorized by local ordinance. The the powers provided to a municipal is available to all municipalities with manager appoints all officers not manager. The mayor is given the a population of less than 500,000. required to be elected and members power, without the necessity of The municipality may retain its of commissions, boards and agencies the advice and consent of the city governmental structure as an provided for in Articles 3 and 4 of the council, to appoint and remove their aldermanic-city form, trustee-village Illinois Municipal Code, except those administrative assistants, budget form or commission form while covered by civil service. and finance director, heads of all adopting, by referendum, the features departments, all other officers of of the manager form. Under this form, STRONG MAYOR FORM the municipality, and members of the power of the council or board This form of government has an commissions, boards and agencies is purely legislative, except that it is elected mayor, clerk and treasurer provided for in Articles 3 and 4 of the empowered to approve all expenses and from eight to 20 aldermen Illinois Municipal Code, except those and liabilities of the municipality. The elected from wards depending covered by civil service. The powers manager is the administrative and upon the size of the community. of the council are purely legislative. The elected officials serve four-year executive head of the government. Excerpted from IML’s Illinois Municipal The manager appoints and removes terms. In the strong mayor form of Handbook. Available for purchase online all directors of departments, including government, the functions of the at www.iml.org/publications.

Illinois Municipal League | 500 East Capitol Avenue | P.O. Box 5180 | Springfield, IL 62705 | Phone: 217.525.1220 Fax: 217.525.7438 | www.iml.org 3 What is Home Rule? The Illinois Constitution of 1970 introduced home authority independent of the General Assembly and rule status into Illinois law. In short, a community Governor in most cases. with home rule status can adopt any policy unless Home rule status is automatically conferred once a specifically prohibited from doing so by state law or community achieves more than 25,000 residents. constitutional limitations. By comparison, a non- This automatic threshold has been in place since home rule community can only adopt policies for the ratification of the 1970 Illinois Constitution. which express authority is provided by state law. Communities with 25,000 or fewer residents are This means that non-home rule governments are permitted to become home rule following the “creatures of the state” and dependent on obtaining passage of a referendum. Illinois presently has 217 grants of authority from the General Assembly home rule communities. and the Governor, while home rule governments are autonomous and able to exercise governing Excerpted from IML’s Manual on Home Rule vs Non- Home Rule Status. Available for purchase online at www.iml.org/publications. A Note About Ethics Legal Services

One area to become immediately familiar with are the local ordinances IML attorneys are active adopting the restrictions required by the State Officials and Employees in providing assistance to Ethics Act. In 2003, the State of Illinois enacted legislation that regulated locally retained city attorneys political activity by public officials and employees. The act also required throughout the state. With the all local governments to adopt an ordinance that included restrictions input and assistance of the Home contained in the state act addressing prohibited political activities and the Rule Attorneys Committee, IML gift ban. provides model and sample The Act has been amended to require local governmental entities to adopt, ordinances and model policies on by ordinance or resolution, a policy prohibiting sexual harassment. Although a wide array of municipal issues. many governmental entities already had sexual harassment policies in place, the law sets forth minimum standards for sexual harassment policies. In addition, IML attorneys may IML provided a model ordinance and model policy to assist members in file amicus briefs in support of complying with the law, available at iml.org/ordinances. municipalities in the appellate courts on cases with a statewide Public Act 101-0221 further amended the State of Illinois and Employees impact on member communities. Ethics Act, effective May 9, 2019. This amendment added the requirement IML also provides continuing for local governmental entities to provide a mechanism for reporting and legal education to municipal independent review of allegations of sexual harassment made against an attorneys through Municipal elected official by another elected official. This law also amends the Illinois Human Rights Act, which mandates that all Illinois employers, including Attorneys Seminars, usually municipalities, provide sexual harassment training to all employees. This held each spring and at IML’s must be completed by December 31, 2020, and annually thereafter. Annual Conference each fall. The seminars explore the latest Local entities may adopt additional regulations on ethics beyond those developments in municipal law minimum requirements under state law, so it is important to become led by subject matter experts and familiar with all local ordinances. leading municipal attorneys.

Two important statutes govern public meetings and public offers the opportunity for in-person OMA training at IML documents that should be guiding principles of your local workshops and conferences. government service. These laws are the Open Meetings Act (5 ILCS 120/) and Freedom of Information Act (5 ILCS 140/). FREEDOM OF INFORMATION ACT

OPEN MEETINGS ACT The Freedom of Information Act (FOIA) pertains to the public’s right of access to the public records in the The Open Meetings Act (OMA) is the guiding state statute possession of public bodies in whatever form they exist. on the conduct of meetings concerning an open format, The provisions of FOIA are the guiding principles for with the public being able to witness the events and allowing citizens and interested parties to have knowledge discussion of public officials when conducting the public’s of government records, balanced by the fact that certain business. OMA requires openness, and the public has a limited records shall be exempt from disclosure. The FOIA right to be informed as to the conduct of their business. statute begins with a broad policy statement and definitions. OMA provides exceptions for closed “executive sessions” It then provides for the copying or inspection, dissemination of the public body, but those are to be strictly construed. of information about the public body, and a list of types or Meeting in closed session is not mandatory, but the categories of records and the ability to charge reasonable statutory rules within OMA governing closed sessions copying fees. The law also includes a list of public records must be followed. OMA covers public notice, agenda of and information exempt from disclosure to the public. It meetings, schedules of meetings, recording meetings, should be noted that if a record can be determined to be minutes, procedures for closing a meeting and attendance exempt because of some information that can be deleted, by means other than physical presence. OMA has been then the redacted record must be tendered to the requester. amended to offer remote meetings in the case of declared emergencies and disasters. The provisions also include FOIA requires each public body to designate one or enforcement and penalties to assure compliance. more official(s) or employee(s) to act as its Freedom of Information (or FOIA) officer(s). Those individuals must The Illinois Attorney General’s office, through the Public take online training within 30 days of being appointed and Access Counselor (PAC), has the authority to review annually thereafter. This is available through the Attorney allegations of violations of OMA. Any individual can also bring General’s website. a civil action in the local circuit court alleging non-compliance. The PAC can review denial of documents under a FOIA Each municipality must submit a list of OMA designees to request when asked by the requester. An individual may also the Attorney General’s office. The list must name designated file suit in the local circuit court to enforce FOIA. employees, officers or members, and those listed must complete the training annually. To accomplish this, go to the Both of these “Sunshine Laws,” OMA and FOIA, should Attorney General’s website (www.illinoisattorneygeneral. be embraced with a spirit of public service and desire to gov) and click on the box “Public Access Counselor” keep the public informed and educated about the public’s and then “Ensuring Open and Honest Government,” business. A strong word of encouragement — adhere to then register. Next you will be guided through training the provisions of both laws in your municipal public office; and questions. When you are finished, you will receive a it will serve you well as an elected official and keep your certificate. OMA training is also required once of all newly constituents included in their government. elected or appointed members of a public body covered by the act. All new officials must complete electronic training Excerpted from IML’s The Sunshine Laws. Available for purchase online at www.iml.org/publications. provided by the Attorney General’s office within 90 days For more information regarding Illinois’ sunshine laws, visit of taking office. The online training will provide you with the Illinois Attorney General’s website at www.ag.state.il.us/ a good working knowledge of OMA’s provisions. IML is government/index.html. The PAC is also authorized to assist and an authorized provider of the required OMA training and provide guidance to local governments. Their office number is (877) 299-3642.

Illinois Municipal League | 500 East Capitol Avenue | P.O. Box 5180 | Springfield, IL 62705 | Phone: 217.525.1220 Fax: 217.525.7438 | www.iml.org 5 March February April SUN MON TUE WED THU FRI SAT SUN MON TUE WED THU FRI SAT SUN MON TUE WED THU FRI SAT 1 2 3 1 2 3 1 2 3 4 5 6 7 4 5 6 7 8 9 10 4 5 6 7 8 9 10 8 9 10 11 12 13 14 11 12 13 14 15 16 17 11 12 13 14 15 16 17 15 16 17 18 19 20 21 18 19 20 21 22 23 24 18 19 20 21 22 23 24 22 23 24 25 26 27 28 25 26 27 28 29 30 25 26 27 28 29 30 31

Every December, IML publishes the Municipal Calendar in the Review magazine. Throughout the year, each month, the Review includes monthly MUNICIPAL reminders for tasks that must be completed. Those entries include the provisions for the annual budget or appropriation ordinance (due by the end of the first quarter of the fiscal year), the annual property tax levy CALENDAR ordinance (which must be filed with the county clerk by the last Tuesday in December), and the annual audit (due to be filed with the Comptroller within 180 days of the end of the fiscal year). Additional reminders include annual appointments and reappointments for boards and commissions, salaries for elected officials (which must be set at least 180 days before taking office or a new term), and numerous other acts that must be completed throughout the year. You may review that resource at any time on the IML website at iml.org/calendar.

IML Annual Conference & Training Opportunities

IML offers a number of convenient and affordable communities. The speakers who present them are opportunities to meet the professional development among the best in their field. needs of elected officials and staff. IML also offers in-person Open Meetings Act training The IML Annual Conference is the municipal event and sexual harassment prevention training materials of the year. We offer more than 2,000 registrants that meet State of Illinois mandates. unparalleled access to education and professional development, as well as the opportunity to network In addition to the Annual Conference, we also with fellow elected officials. offer trainings and workshops throughout the year. Newly Elected Officials training is conducted in Each year, the event offers dozens of diverse odd-numbered years with Not So Newly Elected sessions that provide innovative ideas, proven Officials training offered in even-numbered years. best practices and practical information over the Municipal Attorneys Seminars are held in the spring course of three days. Conference topics are carefully and on the first day of the Annual Conference. vetted to ensure we offer the most relevant, Learn more about training opportunities online at timely solutions to the problems facing Illinois www.iml.org/training.

An election cycle inevitably THIRD, TAKE THE TIME TO SIXTH, DEVELOP A generates media attention. EXPLAIN YOUR POSITION. THICK SKIN. Dealing with the media need While you may be familiar with Because you do not write the not be adversarial, nor is it even an issue that has gone on for a articles, the news stories will rarely a “necessary evil,” as some long time in your municipality, appear as one-sided cheering candidates would argue. Quite the reporter (and, for that matter, sections for you or your position. to the contrary, the press can constituents) may not have any Keep your perspective on this. be a valuable resource to your idea what the matter is about Reasonable people can disagree, community and to you personally. or why it has been so difficult to and not everyone will invest a Conversely, failure to build a solve. You should take the time to particular issue with as much relationship with the press and to explain the historical background importance as you might. keep them informed can create of what has occurred and why you unending problems. are taking a particular position. FINALLY, BE RESPECTFUL AND THOUGHTFUL IN The business of government is to FOURTH, IF YOUR STORY YOUR PUBLIC AND PRIVATE be conducted in the open. Dealing IS NOT GETTING ACROSS, BEHAVIOR. with the press is a legitimate part CONSIDER WRITING AN of that process. Following are We live in an era of cell phone “OP-ED” PIECE. several suggestions to consider cameras and social media, and when working with the media. If an issue is important enough everyone should act accordingly. or you believe the facts are not Off-hand comments and remarks FIRST, BE HONEST. being reported fully, consider that are insensitive to others — writing your own Op-Ed piece. whether in real life or online — are Always give reporters and the A letter to the editor is usually unacceptable. Such comments media honest answers to their short and subject to editing by the will hurt your credibility and will questions. If you cannot be honest, publication; however, an Op-Ed distract from your legitimate goals then do not talk to the press on piece carries more significance and and objectives. Remember that a particular issue, but never give is longer. This is an opportunity to as long as you are a public figure, false information. tell your story the way you want to your private actions and casual tell it. remarks will shape the public’s SECOND, RETURN perception of you, and possibly TELEPHONE CALLS OR FIFTH, MEET WITH THE your community. MESSAGES. EDITORIAL BOARD. Reporters are doing their jobs. Part Excerpted from IML’s Handbook For all of the reasons listed for Newly Elected Officials. of your role is keeping constituents above, it can be helpful to meet Available for purchase online at informed, and your constituents with a newspaper’s editorial www.iml.org/publications. read the newspaper, online news, board. This may be particularly Facebook, Twitter, blogs, and listen helpful when the editorial to local radio shows. Returning board may be expected to messages from the media is weigh in on complicated or therefore imperative. controversial issues.

Illinois Municipal League | 500 East Capitol Avenue | P.O. Box 5180 | Springfield, IL 62705 | Phone: 217.525.1220 Fax: 217.525.7438 | www.iml.org 7 You’ve Been Elected! Now What Do You Do? Once in office, municipal officials IML PUBLICATIONS QUESTIONS? can look forward to their public IML also has an extensive library Should you have non-political service and the continuing support of affordably-priced publications questions at any point during your of IML as we fulfill our mission to designed to answer a wide range of candidacy or after the election, Educate, Advocate and Empower our municipal questions. Below is a list please feel welcome to contact us. municipal members throughout the of publications that can be ordered The Municipal Clerks of Illinois and state. Be sure to take full advantage online at www.iml.org/publications: the Illinois State Board of Elections of the resources available through  Conflicts of Interests, Ethics are also valuable resources. IML, some of which are listed below. and Liability of Illinois Elected Illinois Municipal League Officials IML MEMBERSHIP SERVICES (217) 525-1220  Illinois Municipal Directory www.iml.org  Legislative advocacy at the state  Financing Municipal and federal level Illinois State Board of Elections Improvements (217) 782-4141 or (312) 814-6440  Full-time in-house legal counsel  Handbook for Newly Elected www.elections.il.gov  Comprehensive website (www. Officials iml.org) with the latest news, Municipal Clerks of Illinois  Manual on Home Rule vs. Non- legislative updates, events, fact www.mci.iml.org Home Rule Status sheets and valuable resources for municipal officials  Illinois Municipal Handbook This Candidate’s Guide was originally  Educational opportunities  Illinois Municipal Policy Journal developed in partnership with the Municipal Clerks of Illinois (MCI). throughout the year, including  Manual on Liquor Licensing and Newly Elected Officials training and Regulation Revised May 6, 2021 an Annual Conference in Chicago  Manual on Police and Fire  Statehouse Briefing(emailed Disciplinary Matters weekly)  Manual on Municipal Forms of  Illinois Municipal Review Government magazine (mailed monthly)  Parliamentary Motion Guide ILLINOIS MUNICIPAL LEAGUE  Legal Bulletin (emailed monthly)  The Sunshine Laws (OMA & FOIA)  Federal Focus (emailed as needed)  Zoning Handbook for Municipal  COVID-19 Updates Officials Self-Evaluation Services Maybe you struggled through a contentious and village boards be conducted in open session, campaign to be elected, or your new role is fraught the Open Meetings Act affords local government with tension. Maybe the board is too acrimonious to the opportunity to meet in executive session for the be effective. As a benefit of membership, IML staff subjects of “self-evaluation, practices and procedures can assist with convening an executive session of or professional ethics, when meeting with a the governing body to develop solutions to issues representative of a statewide association of which the that may be impacting your municipality. public body is a member.” (5 ILCS 120/2(c)(16).

Regardless of the issues at hand, a self-evaluation Contact the Illinois Municipal League at (217) 525- session can serve as an opportunity to focus on future 1220 to discuss whether these services might benefit success. While good governance and the interests of your community. the public demand much of the work of city councils