1959 MUNICIPAL CALENDAR
Of Statutory Duties for Municipal Officials

By THOMAS A. MATTHEWS, J. D., Consultant, Illinois Municipal League

It should be the responsibility of some official in each City or Village to be familiar with the various things the statute requires to be done by the municipality or on its behalf at designated periods of the calendar or fiscal year.

Since 1959 will be a municipal election year, each City and Village should have a copy of the "Manual for Municipal Elections" published by the Illinois Municipal League. This discusses all aspects of conducting an election, including forms for voting ballots, election supplies, procedure at the polling places, counting ballots, making returns, canvassing returns, and election contests. It should be noted that in Manager form Cities where aldermen are not elected by wards, the elections to the Council are conducted under article 19, relating to commission form cities.

Municipal officials are required by law to perform certain duties at specified times. In some instances these dates are related to the fiscal year, as in the case of the adoption of the appropriation ordinance which must be passed during the first quarter of the fiscal year. A few, however, are set according to the calendar year; for example, a certified copy of the tax levy ordinance must be filed with the county clerk by the second Tuesday of September of each year. For the purpose of this calendar we have assumed the fiscal year to begin in April, as it does in most cities and villages. For those municipalities that have adopted another date for the commencement of the fiscal year (under Revised Statutes chapter 24, paragraph 1-3) this calendar must be adjusted for those duties that must be performed at times related to the fiscal year (items 6, 7, 56, 57, 68).

In addition to those duties that must be performed at specific dates, there are many things that must be done by City and Village officials at non-specified times during the year.

These include, for example, recording all deeds or conveyances of property to the municipality, with the Recorder of Deeds. In addition, the County Clerk should be specifically notified of each acquisition of property, by conveyance, condemnation or otherwise, so that the property will be placed on the tax-exempt list.

Annexation and disconnection ordinances should also be recorded, as should all plats or other documents dedicating or vacating streets; and the County Map Department should be notified of all changes in street names.

Where a municipal plan is adopted, it should be filed with the County Clerk.

The bonds for the Police Magistrate in all municipalities, and the bonds of members of the Council in commission form cities, are also filed with the County Clerk.

When an ordinance for a general obligation bond ordinance becomes effective, a copy thereof should be filed with the County Clerk in time for inclusion in its next tax levy, usually by the end of December. If a tax is to be abated for any reason, notice must likewise be given in time to exclude it from the next levy.

Performance Required — No Date Specified

1. The mayor or president shall annually, and from time to time give the council or board information relative to the affairs of the municipality, and shall recommend for their consideration such measures as he may deem expedient. (Chapter 24, paragraph 9-27.)

2. In Cook County, city and village clerks are Deputy Registration Officers under the election law, (Chapter 46, paragraph 5-4) and shall receive registrations from the first Monday in May to the third Monday in September and from the third Tuesday in November to the third Tuesday in January ; and on the first, second and third days of March (Chapter 46, paragraph 5-5). The Clerk must keep a file of registrations and furnish the County Clerk with a copy thereof. (Chapter 46, paragraph 5-19; 5-22.) Outside Cook County, the municipal clerk may be appointed as deputy registration official. (Chapter 46, paragraph 4-4.)

3. A bank must be selected as the municipal depository; this designation remains in force without need for renewal until a new depository is named. (Chapter 24, paragraph 9-60; 19-57.)

4. Whenever there is money available for the purpose, special assessment bonds may be called in, for advance payment, selection to be made by lot, notice to be given by publication. (Chapter 24, paragraph 84-43.)

5. In commission form municipalities of less than 15,000 population, an annual report of receipts and expenditures and a summary of council proceedings must 'be published in the manner prescribed. (Chapter 24, paragraph 19-55.)

6. Corporate authorities of each municipality operating a utility plant, must have an annual audit of all municipal accounts, made by auditors authorized

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to practice in this State. Such audit shall be made as soon as possible, but not more than six months after the close of the fiscal year. (Chapter 24, paragraph 1204.)

Corporate authorities of each municipality, over 500 population, not operating a public utility plant shall have an audit of all municipal accounts made every odd numbered year, by auditors authorized to do business in this State. Such audit shall cover the two preceding years. (Chapter 24, paragraph 1204.)

Municipalities of less than 500 population which did not operate a public utility may file, in lieu of an audit report, a financial statement on a form furnished by the Auditor.

Two copies of the municipal audit shall be given to the corporate authorities who shall send one copy to the State Auditor. (Chapter 24, paragraph 1207.)

In addition to any audit report required, all municipalities, except municipalities of less than 500 population which do not own or operate public utilities, shall file annually with the Auditor a supplemental report on forms devised and approved by the Auditor. (Chapter 24, paragraph 1204.)

7. Annual audit must be made of books of commission form cities regardless of size, and results published in the manner prescribed at the end of the fiscal year. (Chapter 24, paragraph 19-55.)

8. A report showing the financial status and results of operation of any municipally owned street railway shall be printed and published annually; and the accounts of any such company shall be audited at least once each year. (Chapter 24, paragraph 65-5.)

9. The council or board shall cause to be printed and published an annual report of the operation of any municipal coliseum; and the accounts pertaining to such coliseum shall be audited at least once each year. (Chapter 24, paragraph 33-9.)

10. The council or board shall cause to be printed and published an annual report of the operation of any municipally owned or operated harbor utilities ; and the accounts pertaining to such harbor utilities shall be audited at least once each year. (Chapter 24, paragraph 41-15.)

11. The council or board shall cause to be printed and published an annual report of the operation of any municipal convention hall; and the accounts pertaining to such convention hall shall be audited at least once each year. (Chapter 24, paragraph 34-9.)

12. The art commission of any city or village shall make an annual report to the mayor or president concerning its services. (Chapter 24, paragraph 25-5.)

13. The board of police and fire commissioners shall file an annual report of its activities at such times as may be required by the board or council. (Chapter 24, paragraph 14-12.)

14. Housing authority to make annual report of its activities. (Chapter 67%, paragraphs 8.9 and 8.11.)

15. Before undertaking any public work, the board or council shall determine the prevailing rate of wages for the labor necessary, and such rate shall be paid by all contractors doing work for the municipality. (Chapter 48, paragraph 39s-4.)

NOTE: In Bradley vs. Casey, 415 Ill. 576, the court held that this Act applies only to employees of contractors, not to employees of municipalities engaged in construction work; and that the 1951 amendment (the last paragraph of Section 2) is invalid.

16. Those municipalities that have elected to place their employees under social security must send in their contributions at such times as may be designated by the State Social Security Agency.

17. The Illinois Municipal Retirement Fund Act now applies automatically to every municipality having a population over ten thousand. It requires that contributions for the fund must be deducted from each employee's pay and remitted to the Retirement Board each pay period; and that the city or village contributions must be sent in at the same time. (Illinois Revised Statutes, Chapter 24, Paragraph 1180 and 1182.)

18. All officers receiving fees or other emoluments of office shall file a semi-annual report with the mayor or president, showing all such receipts. (Chapter 24, paragraph 9-98.) (See also item 55.)

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19. Municipalities in Cook County must furnish copies of building permits to the township assessor and the county assessor within fifteen days after the issuance of such permit. (Chapter 24, paragraph 1248.)

PERFORMANCE EACH MONTH REQUIRED

20. Every person, other than the treasurer, receiving money for the municipality shall keep a triplicate record thereof; one copy shall be delivered to the treasurer and one to the board or council. Such person shall deliver such money to the treasurer not later than the middle of the following month. (Chapter 108, paragraph 20.)

NOTE: See also items 17, 21, 22, 54.

21. A copy of all receipts given by the treasurer shall be filed with the clerk each month. (Chapter 34, paragraph 9-58.)

22. The treasurer shall render an account to the council or board each month ... or more often if required . . . showing all his activities during the preceding month and the balance of money in the treasury. (Chapter 24, paragraph 9-59.)

23. The council in commission form municipalities of over fifteen thousand population shall cause to be published a summary of its proceedings including a detailed itemized statement of the receipts and expenses of the village or city during the preceding month. (Chapter 24, paragraph 19-55.)

24. The board of directors of any municipal tuberculosis sanatorium shall make a monthly report to the council or board of trustees, showing their activities during the preceding month. (Chapter 24, paragraph 72-9.)

25. The registrar of vital statistics (the clerk, unless some other official is designated by ordinance) shall file records of all births and death certificates with the County Clerk and Department of Health on the fifth day of each month. (Chapter 111 1/2, paragraphs 39 and 53.)

26. The council in commission form cities or villages shall meet at least twice in each month.

(Chapter 24, paragraph 19-51.)

WEEKLY PERFORMANCE REQUIRED

27. The city or village collector shall turn over to the treasurer at least once each week all money collected by him. (Chapter 24, paragraph 9-55.)

PERFORMANCES REQUIRED AT SPECIFIED TIMES

January

28. League Membership Dues—Approve payment of annual membership dues of your municipality in the Illinois Municipal League.

29. A quarterly statement shall be submitted by the board of inspectors of houses of correction to the comptroller and council or board of trustees. (Chapter 67, paragraph 5.)

30. An annual statement shall be submitted by the board of inspectors of each house of correction to the city council or village board, and to the Governor of the State. (Chapter 67, paragraph 5.)

31. A report of all receipts and expenditures, and a list of all employees, shall be published within sixty days after January 1 and July 1 of each year by the corporate authorities of all municipal corporations and all officers receiving money from the county treasurer and all fee officers other than officers required to file an annual report. (Chapter 34, paragraph 162b.)

NOTE: The language of this section is not clear as to whether city and village officials must file such a report, or whether compliance with the numerous provisions for publication of municipal reports and audits relieves them from the provisions of this section.

32. Nomination petitions for primaries shall be filed not less than forty-five nor more than fifty-five days prior to the primary. (Chapter 46, paragraph 7-12.)

33. Nominating petitions for primaries in commission form municipalities, or council-manager cities, must be filed not more than fifty nor less than thirty-five days prior to the primary. (Chapter 24, paragraph 19-19, 20.)

34. Notices of primary elections must be published at least twenty days before the primary. (Chapter 46, paragraph 7-15.)

NOTE ON ELECTION: No primary is required, in non-commission form cities, or Council-Manager cities, if no nominations are made in the name of an established party or if no more are nominated in the name of an established party than are to be elected. In commission form municipalities, no primary is required if there are no more than two candidates named for each office to be filled. See the "Municipal Election Manual" published by the Illinois Municipal League.

35. Where the fiscal year begins January first, the items mentioned under May as depending on the end of the fiscal year, assumed for this calendar to end April 30, should be noted.

(See items 20 to 26.)

February

36. Primaries for elections to be held on the first Tuesday in April shall be held on the second Tuesday of February; for elections on the third Tuesday in April primaries shall be on the last Tuesday in-February. (Chapter 46, paragraph 7-5.) Where the municipal boundaries include a township, the regular election is the first Tuesday in April in odd numbered years, and on the third Tuesday in other municipalities. (Chapter 24, paragraph 9-10.)

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37. Nomination papers for municipal offices must be filed not less than fifty days before the election. (Chapter 46, paragraph 10-6.)

38. Primaries in commission form municipalities shall be held on a Tuesday seven weeks prior to the first Tuesday in April or prior to the third Tuesday in April for cites and villages whose general election comes on the third Tuesday. (Chapter 24, paragraph 19-17.)

(See also items 20 to 26.)

March

39. Election notices shall be published or posted, and the election officials and polling places designated by the council or board not more than thirty days nor less than fifteen days prior to the election. (Chapter 24, paragraph 9-3.)

40. Ballots are to be prepared by the clerk prior to each election; submitted to the candidates at least two days before the election. (Chapter 46, paragraph 16-5.)

Ballots are to be published before the election. (Chapter 24, paragraph 9-2 and Chapter 46, paragraph 16-10.)

41. Members of the board of police and fire commissioners are to be appointed by the mayor (president or commissioners) where the act has been adopted at least thirty days prior to the expiration of the term of the mayor or president. (Chapter 24, paragraph 14-1, 2.)

42. A report of the delinquent special assessments or taxes is to be made to the County Clerk on or before the first day of April by the Collector. (Chapter 24, paragraph 63-4.) NOTE: See item 71.

(See also items 20 to 26.)

April

43. The annual report of the collector is to be made between the first and tenth of April and is to be published by the clerk. (Chapter 24, paragraph 9-56.)

44. The general municipal election is held in odd numbered years on the third Tuesday in April, except where the municipal boundaries include a township or townships wholly within their limits, in which case it is to be on the first Tuesday in April. (Chapter 24, paragraph 9-10.)

45. The fiscal year begins on election day unless otherwise provided by ordinance. (Chapter 24, paragraph 1-2.)

46. The municipal year begins on election day unless otherwise provided by ordinance. (Chapter 24, paragraph 1-2.)

47. Votes are to be canvassed by the council or board after each election. (Chapter 24, paragraph 9-2.)

48. The clerk shall give notice to persons elected within five days after the result is known. (Chapter 24, paragraph 9-6.)

49. The successful candidates are to qualify within ten days after they receive notice. (Chapter 24, paragraph 9-6, 89.)

50. Commission form councils must meet and appoint officers and assign departments at the first meeting after their election, or as soon as possible thereafter. (Chapter 24, paragraph 19-42, 43.)

51. Elections for members of boards of trustee of the police pension fund—cities and villages between 5,000 and 200,000 in population—shall be held biennially on the third Monday in April. (Chapter 24, paragraph 893.)

52. Members of the board of trustees of firemen's pension fund (all municipalities between 5,000 and 200,000 population) are to be chosen the third Monday in April in each applicable year. (Chapter 24, paragraph 919.)

53. The quarterly report by the board of inspectors of the house of correction must be made. (Chapter 67, paragraph 5.)

54. In Cook County the Clerk shall deliver to the election officials the triplicate registration cards at the time the ballots are delivered. (Chapter 46, paragraph 5-28.)

55. In a municipality that has adopted Article 4 of the 1943 Act concerning elections (Chapter 46, paragraph 4-1) the Clerk shall deliver to the poll officials the duplicate registration cards received from the County Clerk. (Chapter 46, paragraph 4-26.)

(See also items 20 to 26.)

May

56. Within fifteen days after the expiration of the fiscal year of the city or village, the library board shall submit to the council or board of trustees and the Illinois State Library an annual statement of receipts and expenditures. (Chapter 81, paragraph 7.)

57. Every public officer who receives or disburses money and who does not file a report with the board or council shall at the end of the fiscal year, cause to be published an account of all money received and spent and shall file the same with the county clerk. (Chapter 102, paragraphs 5-10.)

NOTE: See also items 18, 20, 21, 32, 42, 43.

58. The annual report of the treasurer shall be made within thirty days of the close of the fiscal year and published by the clerk. (Chapter 24, paragraph 9-62.)

59. The comptroller (or clerk) shall make out an annual report and estimate of expenses and submit it to the council or board of trustees on or before the fifteenth of May. (Chapter 24, paragraph 9-67.)

60. In commission form cities and villages successful candidates shall, within thirty days after qualifying, file with the clerk and publish a statement of campaign expenses. (Chapter 24, paragraph 19-31.)

61. The Treasurer of the police pension funds— all cities and villages between 5,000 and 200,000

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population—shall file an annual report with the trustees and council on the second Tuesday in May. (Chapter 24, paragraph 890, 903.)

62. The term of office of the inspectors of the house of correction, appointed by the Mayor, begins the first Monday in May. (Chapter 67, paragraph 2.)

63. Trustees of a police pension fund are to be appointed before the second Tuesday of May. (Chapter 24, paragraph 893.)

(See also items 6 and 7, requiring annual or biennial audits, and items 20 to 26.)

June

64. The annual report of the board of directors of municipal tuberculosis sanatoriums must be filed with the council or board of trustees on or before the second Monday in June. (Chapter 24, paragraph 72-10.)

65. The directors of the municipal tuberculosis sanatorium are to be appointed by the Mayor or President before July first. (Chapter 24, paragraph 72-4.)

66. The directors of municipal coliseums are to be appointed before the first of July. (Chapter 24, paragraph 32-4.)

67. Library directors in cities are to be appointed by the Mayor before July first. (Chapter 81, paragraph 3.)

(See also items 20 to 26.)

July

68. The annual appropriation ordinance must be passed during the first quarter of the fiscal year. (Chapter 24, paragraph 15-1.) In municipalities over 500 population it must be published in a newspaper or in pamphlet form.

69. Quarterly report of the inspectors of the house of correction must be made. (Chapter 67, paragraph 5.)

70. The annual report of the inspector of weights and measures—in municipalities with a population of twenty-five thousand or more—is to be made to the director of Agriculture on July first. (Chapter 147, paragraph 15.)

71. In Cook County, report of delinquent special assessments is to be made on or before August first. (Chapter 24, paragraph 84-65.)

(See also items 20 to 26.)

August

72. Convention attendance resolution—approve resolution authorizing delegates from your municipality to attend the annual convention of the Illinois Municipal League, usually held in late September or early October—advance notices of the place and date will be sent you by August 1st.

73. The tax levy ordinance must be passed and filed with the County Clerk on or before the second Tuesday in September. (Chapter 24, paragraph 16-1.)

74. A report of all receipts and expenditures, and a list of all employees, shall be published within sixty days after January 1 and July 1 of each year by the corporate authorities of all municipal corporations and all officers receiving money from the county treasurer and all fee officers other than officers required to file an annual report. (Chapter 34, paragraph 162b.)

NOTE: The language of this section is not clear as to whether city and village officials must file such a report, or whether compliance with the numerous provisions for publication of municipal reports and audits relieves them from the provisions of this section. (See also items 20 to 26.)

September

75. In counties other than Cook County the collector shall advertise delinquent special assessments, preparatory to sale after August 15th. (Chapter 24, paragraph 84-65b.)

76. Return of delinquent special assessments to be made five days prior to date for taking judgment. (Chapter 24, paragraph 84-65c.)

77. The board of directors for the employees pension fund in cities of over 100,000 population is to be chosen in October, election to be arranged in September. (Chapter 24, paragraph 1011.)

78. Nominations for board of trustees of the Illinois Municipal Retirement Fund to be made during September and October. (Chapter 24, paragraph 1191.)

NOTE: All cities and villages having a population of over 10,000 automatically come under the Act commencing with January 1, 1951 (Chapter 24, paragraph 1178) and each may nominate and vote for a member of the seven man board of trustees which manages the fund for the entire State. (Paragraph 1190.) See also Note 17. (See also items 20 to 26.)

October

79. The quarterly statement by inspectors of house of correction is due. (Chapter 67, paragraph 5.)

(See also items 20 to 26.)

November

No special duties prescribed, other than those required to be performed each month, as noted in items 20 to 26 inclusive.

December

No special duties prescribed, other than those required to be performed each month as noted in items 20 to 26 inclusive.

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