APPEAL from the Circuit Court of Cook County; the Hon. RAYMOND
BERG, Judge, presiding.
MR. PRESIDING JUSTICE STAMOS DELIVERED THE OPINION OF THE COURT:
This appeal arises from a summary judgment order, entered by the circuit court of Cook County, which (1) invalidated as violative of the Constitution of the State of Illinois, an ordinance adopted by the city council of Chicago Heights, and (2) permanently enjoined the enforcement of the ordinance. The summary judgment order indicated that there was no just reason to delay its enforcement or appeal.
Defendant, City of Chicago Heights, is a municipal corporation of the State of Illinois operating under the commission form of government. (See Ill. Rev. Stat. 1975, ch. 24, par. 4-1-1 et seq.) Under this form of government Chicago Heights is governed by a council consisting of an elected mayor and four elected commissioners. The members of this council share and exercise all executive, administrative and legislative powers and duties.
The elected commissioners run for office in an "at large" manner and are subsequently designated as superintendents of the four municipal departments of Chicago Heights: Accounts and Finances, Public Health and Safety, Public Property, Streets and Public Improvement. Prior to the adoption of the ordinance in question each commissioner controlled the patronage within the commissioner's respective municipal department, retaining the authority to hire and discharge all employees working within a department. The subordinate department heads, however, are not selected and hired by the individual commissioners. Instead, the council, by majority vote, appoints subordinate department heads for each municipal department. Accordingly, a subordinate department head may be discharged only pursuant to a majority vote of the council. This council function (the hiring and discharging of subordinate department heads) has not been altered by the adoption of the ordinance in question.
Not all of the municipal functions of the commission are discharged by the individual municipal departments of Chicago Heights. The council, by ordinance enacted pursuant to section 4-5-2 of the Illinois Municipal Code (Ill. Rev. Stat. 1975, ch. 24, par. 4-5-2), retains the responsibility to:
(1) Determine the powers of and duties to be performed by each department and shall assign them to the appropriate departments;
(2) Prescribe the powers and duties of officers and employees, and may assign officers and employees to one or more of the departments;
(3) Require an officer or employee to perform duties in 2 or more departments; and
(4) Make such rules and regulations as may be necessary or proper for the efficient and economical conduct of the business of the municipality.
Therefore, the council exercises supervisory authority over the individual municipal departments.
On September 13, 1976, the commission of Chicago Heights voted to adopt Ordinance 76-9. Section I of this ordinance reads as follows:
The Code of the City of Chicago Heights is hereby amended by adding Division 8-HIRING AND DISCHARGING OF EMPLOYEES, to Article IV, Section 2-187, to be numbered Article IV, ...