Ordinance 2008-027 STATE OF ILLINOIS )
ss
COUNTY OF KENDALL )
ORDINANCE NO. 2008- )
Amended and Restated
Governing Ordinance, United City of Yorkville
Addressing.
Ethical Standards, Elected Officials Duties and Responsibilities, Meeting Standards and
Committee Structure
Whereas, the City Council of the United City of Yorkville first passed a Governing Ordinance,
on June 27, 2006 as Ordinance 2006 -58, subsequently passed amendments to the Governing
Ordinance, on November 14, 2006 as Ordinance 2006 -133, on June 26, 2007 as Ordinance 2007-
49, July 10, 2007 as Ordinance 2007 -50, July 24, 2007 as Ordinance 2007 -53, and on January
22, 2008 as Ordinance 2008 -02 and intends to amend said Ordinance and restate it in its entirety,
by this Ordinance rendering this as the full text of the Governing Ordinance of the United City of
Yorkville; and
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Whereas, the City Council of the United City of Yorkville, in accordance with Illinois Compiled
State Statutes, has the right to determine procedures for organizing and conducting all meetings
of the City Council acknowledging that the City is bound by certain state and federal laws as
well as legal precedents which cannot be supplanted by City Ordinance; and
Whereas, in keeping with this right, the City Council has adopted Roberts Rules of Order to
outline the procedure to be followed during meetings and to regulate the actions of Council
members and the public in attendance at such meetings; and
Whereas, the Council has determined that, to further ensure the orderly flow of information
presented at its meetings and to protect the integrity of all in attendance at such meetings, it
requires an additional written policy to clarify and amend Roberts Rules; and
Whereas, the Council has undertaken to compile a list of ethical standards for City elected
officials which the Council wishes to be included in its written policy; and
Whereas, the Council also has determined that it is in the best interests of all members of the
City Council and the residents of the United City of Yorkville that said policy should include
guidelines that clarify the duties and rights of aldermen and the mayor as elected officials of the
United City of Yorkville; and
Whereas, the Council also requires said policy to officially establish standing committees of the
Council and to outline procedures for the organization of said committees, including the
selection of membership and chairmen of said committees, so that membership and chairmanship
shall be unbiased and non - partisan, and offer all aldermen an equal opportunity to understand
City business;
NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City
of Yorkville, Kendall County, Illinois, that the following shall constitute the Governing
Ordinance for the United City of Yorkville:
I.
Ethical Standards — Elected officials of the United City of Yorkville:
A. Shall obey the Constitution and laws of the United States, of the State of Illinois, and the
United City of Yorkville.
B. Shall be dedicated to the concepts of effective and democratic local government.
C. Shall strive to be trustworthy and to act with integrity and moral courage on behalf of
one's constituents, so as to maintain public confidence in City government and in the
performance of the public trust.
D. Shall make impartial decisions, free of bribes, unlawful gifts, narrow special interests, or
financial or other personal interests.
E. Shall not invest or hold any investment, directly or indirectly, in any financial business,
commercial or other private transaction that creates a conflict with official duties.
F. Shall extend equal opportunities and due process to all parties in matters under
consideration.
G. Shall recognize that the chief function of local government is at all times to serve the best
interests of the residents of the United City of Yorkville.
H. Shall work to keep the community informed on municipal affairs, encourage
communication between residents and municipal officers; emphasize friendly and
courteous service to the public; and seek to improve the quality and image of public
service.
I. Shall work to assure that government is conducted openly, efficiently, equitably, and
honorably in a manner that permits residents to make informed judgments and hold City
officials accountable.
J. Shall show respect for persons, confidences and information designated as "confidential ".
K. Shall refrain from taking any official action that would censure any other elected official,
unless such member has been found guilty of a legal offense that would require such
action by the City Council.
L. Shall, when representing the City, act and dress in a manner appropriate for the function.
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H.
Duties and Rights of Elected Officials:
Aldermen
A. Shall, through their council votes, create the public policy that governs the United City of
Yorkville, and provide oversight for the executive branch.
B. Shall have the right to expect that the mayor and city's staff will provide them with clear
and unbiased information to help them in their decision - making process.
C. May, at their discretion, hold ward meetings in their ward, or devise other ways to better
understand the wishes of their constituents. This is not meant to preclude aldermen from
taking a city -wide view of the impact of an item under discussion, but to underline that
aldermen are empowered to act on behalf of their constituents, and should be apprised of
all items that are brought to the City that in any way pertain to their Ward. It is
recommended that as a courtesy the Alderman holding the meeting should contact the
other alderman in the ward, in advance, about the meeting.
D. Shall refrain from giving direction to any city employee. Policy is created by the entire
City Council. If any alderman wishes to address any problems he or she sees occurring
in the city, this problem may be brought to the attention of the mayor, the city
administrator, department directors, or taken to the council as a whole for action.
Requests for information are not to be considered as "giving direction."
Mayor
A. Shall perform all the duties which are prescribed by law, including ordinances, and shall
take care that the laws and ordinances are faithfully executed. Shall from time to time
and annually, give the corporate authorities information concerning the affairs of the
municipality and may recommend for their consideration measures that the mayor
believes expedient. (65 ILCE 5/3.1- 35 -10) '
B. Shall be a non - voting member of all standing committees.
C. Shall make appointments to fill vacancies, with the advice and consent of the Council.
III.
Meeting Standards
Applicable to City Council Meetings
Generally
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A. City Council Meetings shall be regularly scheduled to convene on the 2 nd and 4th
Tuesday's of each month at 7:00 p.m. in the City Hall Council Chambers.
B. City Council Meetings shall be generally conducted according to the agenda template
attached hereto.
C. The Mayor, or any 3 Aldermen, may call a special meeting by submitting the request in
the form of a Notice, and an Agenda for the meeting, in writing to the City Clerk. The
Clerk shall as soon as possible 1) deliver a copy of the Notice and Agenda to each
Elected Official, 2) post the Notice and Agenda at City Hall, and 3) send a copy of the
Notice and Agenda to all registered news media. No special meeting shall be called for a
date less than 48 hours after the Notice and agenda have been submitted to the City
Clerk. The Clerk shall submit a Certification of Notice as evidence of providing the
notices set out above, including all Copies of Publication to the City Council, and said
Certification of Notice shall be inserted into the record of the Special Meeting. (5 ILCS
120/2.02)
D. Except during the time allotted for public discussion and comment, no person, other than
a member of the council, or an officer, employee, independent contractor, or other person
recognized by the presiding officer, shall address the Council, except with the consent of
two of the members present.
E. No ordinance or resolution shall be voted on at a City Council meeting unless the item to
be voted on has been presented in its final form to the Corporate Authorities at least four
days prior to the vote.
F. All attendees at every city council meeting shall put their cell phones, pagers, PDA's or
similar devices on silent mode prior to all such meetings, and shall not communicate on
such devices during any such meetings. Elected officials, and department heads may
excuse themselves from a meeting in order to communicate on such devices.
G. The standards concerning order of speaking and time limits set by this Governing
Ordinance shall apply to all items, including motions, resolutions, ordinances or action
items wherein a vote may be taken.
Aldermen
A. Shall have the right to place an item on any committee meeting agenda for discussion.
Shall have the right to place an item on any Council meeting agenda with the consent of
three (3) aldermen. Shall have the right to vote to suspend the rules of order (regarding
the order of discussion) to provide for an open discussion.
B. Shall, before speaking at a meeting, first be recognized by the presiding officer, and shall
address all remarks to the presiding officer, without a response from the presiding officer.
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C. May not move to end debate before every alderman who wishes to speak to an agenda
item has had the opportunity to do so. A motion to end debate, or "call the question"
shall require a two - thirds vote. (Roberts Rules (RONR (10 Edition) page 189, Section
16)
D. May appeal a ruling by the Mayor to the Council as a whole. A majority vote can
overturn the Mayor's ruling. (Roberts Rules (RONR (10 Edition) page 247, Section 24)
E. May, by a two - thirds majority vote, expel a fellow alderman from a meeting for cause,
but may not do so for the same cause a second time. (65 ILCS 3.1- 40 -15)
F. May, upon the request of any two aldermen present, defer a report of a committee to the
next regular meeting of the Council.
G. Shall, during a meeting, have the option to be the first and last speaker on an item if he or
she has placed the item on the Council agenda.
H. Shall, after being appointed as a liaison to another city organization, be responsible for
keeping all Council members informed of that organization's significant activities.
I. Shall limit their remarks to the question under debate. To this end, aldermen must never
attack or make any allusion to the motives of aldermen. (RONR (10 Edition) page 41,
line 31)
J. May, before voting, participate in a special meeting to review nominees that the mayor
appoints when the appointment is either to fill a vacancy in an elective or appointed
office that requires the advice and consent of the City Council.
K. Shall elect from one of the Aldermen as Mayor Pro Tern pursuant to the Mayor Pro Tem
Policy of the United City of Yorkville, attached hereto.
Mayor
A. Shall preside at every regular Council meeting fulfilling the normal and customary
functions of the chairman of the meeting; in his absence the elected mayor - pro -tem shall
preside. At ad hoc committee meetings of the Council, the chairman of the committee
shall preside.
B. Shall preserve order and decorum, may speak to points of order in preference to
aldermen, and shall decide all questions of order, subject to appeal. In the case of
disorderly conduct, the mayor shall have the power to request that the Council Chambers
be cleared.
C. Shall appoint the City Attorney to be parliamentarian of the Council.
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D. May, without relinquishing the chair, voice his opinion on items before the City Council.
The mayor shall, immediately after stating the item under discussion, ask the alderman
who has requested an item to be placed on the agenda if he or she wishes to introduce the
item or the applicable Committee Chairman if no particular alderman has requested that
the item be placed upon the agenda. The mayor shall recognize this alderman as the last
one to speak to the item if the alderman requests to do so.
E. Shall recognize each alderman wishing to speak to an agenda item in turn, rotating
different sides of the question, pro and con, as much as possible. He shall give
preference first to an alderman who has placed the item under discussion on the Council's
agenda.
F. Shall insure that any information he makes available to aldermen on an agenda item is
given to all aldermen in the same timely fashion, so that all aldermen can make informed
decisions. It is the mayor's responsibility to insure that any item brought to the mayor's
attention that pertains to a project or problem in a City Ward should be brought
immediately to the attention of that Ward's two aldermen.
G. Shall not vote on any ordinance, resolution or motion except: i. When the vote of the
alderman has resulted in a tie; ii. When one -half of the aldermen elected have voted in
favor of an ordinance, resolution or motion even though there is not tie; and iii. When a
vote greater than a majority of the corporate authorities is required.
(65 ILCS 5/3.1- 40 -30)
N.
The Standing Committees of the City Council:
A. Shall include the Public Works, Public Safety, Administration, and Economic
Development Committees.
B. The Public Works, Public Safety, Administration, and Economic Development
Committees shall include four members (one from each ward) of the City Council,
including the Mayor. The Mayor is a non - voting member of each committee.
C. Shall be presided over by its chairman, who will conduct the business of the meeting. In
the absence of the chairman, the vice - chairman shall conduct the business of the meeting.
Chairman and vice - chairman shall serve two year appointments. Chairs, vice - chairs, and
committee rosters shall be filled through the following process:
a. For the Public Works, Public Safety, Administration, and Economic Development
committees: after each election, the four committee chairmanships shall be
vacated. The four vice - chairmen shall each select a committee to chair, with the
most senior alderman having the first selection and progressing to the next most
senior alderman, and so on. After the chairmanships have been selected, the four
non - chaired aldermen shall each select a committee to vice - chair, with the most
senior alderman having the first selection, and progressing to the next most senior
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alderman, and so on. In the same order in which chairmanships and vice -
chairmanships are selected, the committee rosters shall be filled (committee chairs
pick second committee first, vice chairman pick second committee after the
chairman pick their committee).
i. Should an incumbent alderman be defeated in an election, the incoming
alderman shall be placed in the group of four "non- chaired" alderman that
will select a vice -chair role in a committee. Subsequently, the most senior
alderman of the "non- chaired" group shall be allowed to retain a
committee chair for a consecutive year, but will select last in the group of
aldermen who are selecting the committee chairs for the upcoming term.
In the event there is more than one incumbent alderman allowed to serve
consecutive committee chairs, those aldermen shall select committee
chairs in order according to seniority, but after the group of alderman who
have not served- consecutive committee chairs have selected.
D. Shall control the movement of items from committee agendas to City Council agendas.
Items may not move out of committee but for a vote of approval by a majority of the
quorum present.
E. Shall have the sole power to assign liaisons to those city organizations that fall under that
committee's specific area of business listed in the City Council agenda as follows:
Public Works: Park Board, YBSD
Economic Development Chamber of Commerce, Kendall County Econ.
Dev., Plan Commission, Bristol Plan Comm.
Yorkville Econ. Dev. Corp., Aurora Area Conv.
& Tourism Council, Downtown Re- development
Public Safety Human Resource Comm., School District,
KenCom
Administration Metra, Library, Cable Consortium
This Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
,4_ day ofQ� 2008.
ROBYN SUTCLIFF JOSEPH BESCO y
GARY GOLINSKI — ARDEN JOSEPH PLOCHER
WALTER WERDERICH & MARTY MUNNS
ROSE ANN SPEARS
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
_ day of --0 2008.
MAYOR
ATTEST:
8
0 Co
a United City of Yorkville
800 Game Farm Road
EST '836 Yorkville, Illinois 60560
Telephone: 630 -553 -4350
N." �', ,o Fax:. 630 -553 -7575
E
AGENDA
CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
7:00 p.m.
Dat
Call to Order:
Pledge of Allegiance:
Roll Call by Clerk: WARD I WARD H WARD III WARD IV
Wally Werderich Gary Golinski Marty Munns Joe Besco
Arden Joe Plocher Robyn Sutcliff Rose Ann Spears
Zstablishment of Quorum:
Introduction of Guests:
Amendments to Agenda:
Committee Meeting Dates:
Public Works Committee Meeting:
I
Economic Development Committee,:
Administration Committee Meeting:
Public Safetv Committee Meeting:
Presentations:
City Council Meeting Agenda
Date
Page 2
Public Hearings:
Citizen Comments:
Consent Agenda:
Plan Commission / Zoning Board of Appeals:
Minutes for Approval (Corrections and Additions):
Minutes of City Council —
Bill payments for approval from the current Bill List (Corrections and Additions):
Checks total these amounts:
$ (vendors)
$ (payroll period ending)
$ (total)
Reports:
Mavor's Report:
City Council Report:
Citv Attornev's Report:
Citv Clerk's Report:
Citv Treasurer's Report:
City Administrator's Report:
Finance Director's Report:
Director of Public Works Report,:
Chief of Police Report:
Director of Parks & Recreation Report,:
Community Development Director Report:
Community Relations Officer:
Community & Liaison Report:
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City Council Meeting Agenda
Date
Page 3
Committee Reports:
Public Works Committee Reuort:
Economic Development Committee Report:
Public Safetv Committee Reuort:
Administration Committee Report:
Additional Business:
Executive Session:
Adjournment:
COMMITTEES, MEMBERS AND RESPONSIBILITIES
j'PUBLIC WORKS
Committee Departments Liaisons
Chairman: Alderman Besco Water and Sewer Park Board
Vice- Chairman: Alderman Plocher Streets and Alleys YBSD
Committee: Sanitation and Waste
Committee: Alderwoman Sutcliff
ECONOMIC DEVELOPMENI1
Committee Departments Liaisons
Chairman: Alderman Golinski Planning & Building & Zoning Chamber of Commerce
Vice - Chairman: Business & Economic Dev. Kendall County Econ. Dev.
Committee: Alderman Munns Plan Commission
Committee: Alderman Besco Bristol Plan Commission
Yorkville Econ. Dev. Corp.
Aurora Area Convention &
Tourism Council
Downtown Re- development
PUBLIC SAFETY
Committee Departments Liaisons
Chairman: Alderwoman Spears Police Human Resource Comm.
Vice- Chairman: Alderwoman Sutcliff Schools School District
Committee: Alderman Werderich Public Relations KenCom
Committee: Alderman Plocher
I
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City Council Meeting Agenda
Date
Page 4
COMMITTEES, MEMBERS AND RESPONSIBILITIES (con't)
ADMINISTRATION
Committee DeDartments Liaisons
Chairman: Alderman Munns Finance Metra
j Vice - Chairman: Alderman Werderich Public Properties Library
Committee: Alderwoman Spears Personnel Cable Consortium
Committee: Alderman Golinski
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� `° c ` r � United City of Yorkville
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J = . Mayor Pro Tem Policy — Approved 2/22/05
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MAYOR PRO TEM.
(A) There is created the office of Mayor Pro Tem for the City.
(B) In the event of a temporary absence, or a disability causing the Mayor of the City to
be incapacitated from the performance of his duties, but which by law does not create a vacancy
in the office Mayor, the Council of Alderpersons shall elect one of its members to act as
Mayor Pro Tem. The Mayor Pro Tem, during the absence or disability of the Mayor, shall
perform the duties and possess all the rights and powers of the Mayor.
(C) The selection of a Mayor Pro Tem shall be made on an annual basis at the first City
Council meeting in May. The Council of Alderpersons shall vote to elect one of its members
Mayor Pro Tem. No member may be elected as Mayor Pro Tem for two consecutive years.
However, the Mayor Pro Tem shall not act as Mayor Pro Tem unless and until the Mayor is
temporarily absent or is disabled to an extent so as to incapacitate him from the performance of
his duties.
fails to attend a meeting of the City (D) In. the event the Mayor g Council, the Mayor Pro
Tem shall act as a temporary chairman for the meeting of the City Council, and while so serving
as temporary ch airman, shall have only the power of a presiding officer and a right to vote in his
capacity as Alderperson on any ordinance, resolution, or motion.
Statutory reference:
Mayor pro tern, see ILCS Ch. 65, Act 5 § 3.1 -35 -35