§ 10-8. Election of officers of fire department.

(a)

Establishment of board. There is hereby established within the City of Effingham Fire Department a five-member Foreign Fire Insurance Tax Administration Board for the purpose of receiving and administering monies received by the city pursuant to the tax imposed by section 15-27 of the Municipal Code of Effingham.

(b)

Officers; ex officio member. The members of the department shall elect the following officers of the Foreign Fire Insurance Tax Board: chairman, vice-chairman, treasurer and secretary, each of whom shall be a voting member of the board. Additionally, the fire chief or his designee shall be an ex-officio member of the board and shall have a vote and a voice in all proceedings of the board.

The officers shall have the following duties and powers:

(1)

Chairman. The chairman shall preside at all meetings of the Foreign Fire Insurance Tax Administration Board. The chairman shall have such other powers as may be given from time to time by action of the city council, consistent with the Illinois Municipal Code.

(2)

Vice-chairman. The vice-chairman shall carry out the duties of the chairman during the absence or inability of the chairman to perform such duties and shall carry out such other functions as may be assigned from time to time by the Foreign Fire Insurance Tax Administration Board chairman or the city council.

(3)

Secretary. The secretary shall take minutes at all meetings of the Foreign Fire Insurance Tax Administration Board. The secretary shall keep these minutes in a manner identical to the manner in which city council minutes are kept. The secretary shall also perform any other functions or duties as are assigned from time to time by the chairman of the Foreign Fire Insurance Tax Administration Board or the city council.

(4)

Treasurer. The treasurer shall:

a.

Have charge and custody of and be responsible for all funds collected by the city from the Foreign Fire Insurance Company fees imposed by section 15-27 of the Municipal Code.

b.

Deposit all such monies in the name of the City of Effingham Fire Department in such bank, savings and loan associations, or other depositories as shall be selected by the city council.

c.

Invest such funds as are not immediately required in those securities which may be purchased by Illinois non-home rule municipalities under the provisions of Illinois Statutes.

d.

Maintain the financial books and records of the department.

e.

In general, perform all duties incidental to the office of treasurer and such other duties as from time to time may be assigned to him by the Foreign Fire Insurance Tax Administration Board chairman or the city council.

(c)

Elections. There is hereby established a temporary Effingham Fire Department Election Committee for the purpose of conducting the first election of officers. This committee shall consist of the fire chief and two (2) additional members of the fire department appointed by the chief. This temporary committee shall be responsible for organizing, conducting and supervising the election of the initial officers of the board. Such election shall occur not later than April 30, 1994, and officers elected at such election shall serve until April 30, 1995. For succeeding elections, the board shall appoint an election committee consisting of three (3) members of the fire department. The election committee shall be responsible for conducting and supervising the election according to procedures established by the board. All election procedures shall be consistent with this section. No member of the election committee shall be a candidate for any office to be voted upon at the election which he supervises.

Upon recommendation of the members then serving on the Foreign Fire Insurance Tax Administration Board, and upon a majority vote by the members of the department, the date of the election and the date upon which the officers shall take office may be changed to a calendar-year basis.

(d)

Bond. The chairman and treasurer of the board shall be required to post a bond in an amount not less than twenty-five thousand dollars ($25,000.00) so as to insure the faithful performance of their duties.

(e)

Disbursements of funds; council approval. The board shall comply with all state and local requirements for advertisement for bids and purchasing of materials. All monies disbursed by the board shall be approved by a majority of the members of the board. All expenditures shall be for the maintenance, use and benefit of the fire department. All checks shall be signed by the chairman and treasurer of the board. Any expenditure in excess of two thousand five hundred dollars ($2,500.00) shall be approved by the city council.

The board is specifically authorized to utilize monies received on account of the Foreign Fire Insurance Tax for the purpose of purchasing training programs and materials, and for the members of the department to attend training classes, seminars, and conventions designed to enhance their ability to do their jobs.

(f)

Reports; audit. Not less than once per month, the board treasurer shall make a report to the city treasurer detailing the receipts and expenditures made during the prior month. Annually, the board shall employ a certified public accountant who is acceptable to the city to perform an audit of the board's receipts and expenditures.

(g)

Title to equipment. Title to all equipment purchased by the board shall be in the name of the city of Effingham.

(h)

Open Meetings Act; minutes. The board shall establish a regular time and place for its meetings and all meetings shall be conducted in strict accordance with the Illinois Open Meetings Act. Written minutes of all meetings shall be kept and a copy of all minutes shall be furnished to the city clerk within ten (10) days after approval.

(i)

Annual budget. By not later than March 15 of each year, the officers shall approve a preliminary budget for the expenditure of the funds received pursuant to the Foreign Fire Insurance Tax and shall submit a copy of such preliminary budget to the city clerk for review and comments. The board shall, not later than April 30 of each year, adopt a final budget for the collection and expenditure of the Foreign Fire Insurance Tax and furnish a copy of such budget to the city council in order to allow the council to comply with the statutory mandate of prior appropriation for all expenditures. Expenditures shall be made only for the items specifically described in the final budget.

(j)

Payment of funds. The city treasurer shall, upon passage of this section and the receipt of written notification that a board has been established, officers elected and bonds furnished in accordance with the requirements of this section, pay any monies received on account of the Foreign Fire Insurance Tax to the treasurer of the fire department.

(k)

Repeal. This section shall be automatically repealed and all funds returned to the city treasurer without further city council action should 65 ILCS 5/11-10-1 et seq. be declared unconstitutional or otherwise abrogated.

(Ord. No. 2-94, §§ 1—11, 1-18-94; Ord. No. 9-99, §§ 1, 2, 3-2-99)