Ordinance 2009-49 Ordinance No. 2009- y
ORDINANCE AMENDING THE CITY CODE OF ORDINANCES
REGARDING REMOVAL FROM OFFICE OF APPOINTED OFFICERS
WHEREAS, the City Code of the United City of Yorkville, Kendall County, Illinois, at
Title 1, Chapter 6, Section 1 -6 -2 provides for the removal of appointed officers of the City by the
Mayor with the advice and consent of the City Council or by a vote of two - thirds (2/3) of all
members of the City Council authorized by law to be elected _for incompetency, negligence,
dereliction or violation of duty, whenever said members of the Council shall think that the
interest of the City requires such removal; provided, however, that no officer shall be removed as
aforesaid until he shall have had at least five (5) days notice of such intended removal and of the
charges preferred against him, served upon him by the Mayor or City Clerk, and had an
opportunity to exculpate himself before the City Council; and provided further, that when
charges are made against an officer, he shall be suspended from office until the matter has been
disposed of by the Council and that all powers, duties and compensation are also immediately
suspended; and,
WHEREAS, the aforesaid Section of the City Code contravenes state law, specifically
Section 3.1 -35 -10 of the Illinois Municipal Code (65 ILCS 5/3.1 -35 -1) which vests the authority
to remove all appointed officers solely with the Mayor subject to the right of the City Council to
restore any officer to the office by a two - thirds vote;
WHEREAS, it has been determined that the City Code must conform to the requirements
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and provisions of the Illinois Municipal Code.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, that Title I, Chapter 6, Section 1 -6 -2,
paragraph A, is hereby deleted in its entirety and replaced with the new paragraph A:
"l -6 -2: Removal From Office; Vacancies:
A. Removal of Appointed Officer: the mayor may remove any officer appointed
by the mayor pursuant to this Code, on any written charge, whenever the mayor is
of the opinion that the interests of the city demand removal. The mayor shall
report the reasons for the removal to the city council at a meeting to be held not
less than five (5) days nor more than ten (10) days after the removal. If the mayor
fails or refuses to report to the city council the reasons for the removal, or if the
city council by two - thirds (2/3) vote of all of the members authorized by law to be
elected disapprove of the removal, the officer thereupon shall be restored to the
office from which the officer was removed.
This Ordinance shall be in full force and effect from and after its passage and approval as
provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
day o , A.D. 2009.
ROBYN SUTCLIFF GEORGE GILSON, JR.
ARDEN JOE PLOCHER DIANE TEELING j
GARY GOLINSKI MARTY MUNNS
ROSE SPEARS WALLY WERDERICH kA
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this 14 day of 6 E P 1 Fwt 6E2 , A.D. 2009.
Mayor
Attest:
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