Ordinance 2007-050 ti
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STATE OF ILLINOIS )
ss
COUNTY OF KENDALL )
ORDINANCE NO. 2007-_50
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 and on June 26, 2007 as Ordinance
2007- 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
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
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shall be unbiased and non - partisan, and offer all aldermen an equal opportunity to understand
City business;
Therefore, be it ordained as follows:
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.
II.
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
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' Generally
A. City Council Meetings shall be regularly scheduled to convene on the 2 nd and 4th
Tuesday's of each month immediately following the conclusion of the Committee of the
Whole meeting 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 Council meeting agenda for discussion. Shall
have the right to vote to suspend the rules of order (regarding the order of discussion, and
time limits) to provide for an open discussion.
B. Shall not speak twice on an item before all other aldermen who wish to speak to the item
have had an opportunity to speak once. No alderman nor mayor shall speak more than
twice on any item.
C. Shall, after being recognized by the chair, limit his or her remarks to five minutes for the
first round; two minutes for the second round. Minutes not used shall be forfeited:
minutes cannot be accumulated.
D. 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.
E. 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)
F. 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)
G. 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)
H. May, upon the request of any two aldermen present, defer a report of a committee to the
next regular meeting of the Council.
I. 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.
J. 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.
K. 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)
L. May, before voting, participate in a special committee of the whole 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.
M. Shall elect from one of the Aldermen as Mayor Pro Tem 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
1 ins of order, subject to appeal. In the ca
aldermen and shall decide all questions se of
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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.
D. May, without relinquishing the chair, voice his opinion on items before the City Council,
in keeping with time limitations. 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. Shall not allow any aldermen to speak more than twice on any item; shall not
allow accumulation of minutes that have been forfeited.
E. Shall, during debate, limit each alderman's chance to speak to five minutes the first time
on each agenda item, and two minutes for rebuttal. The mayor, if he chooses to state his
opinion, shall not speak more than five minutes on the issue.
F. 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, and not allowing any
one alderman to speak twice before all aldermen who wish to speak can do so. He shall
give preference first to an alderman who has placed the item under discussion on the
Council's agenda.
G. 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.
H. 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)
IV.
The Standing Committees of the City Council:
A. Shall include the Public Works, Public Safety, Administration, Economic Development
Committees, and the Committee of the Whole. The Administration Committee shall
meet the first Tuesday of each month at 7:00 p.m. in the City Hall Council Chambers.
The Public Works Committee shall meet the first Tuesday of each month at 7:00 p.m. in
the City Hall conference room. The Public Safety Committee shall meet the third
Tuesday of each month at 7:00 p.m. in the City Hall conference room. The Economic
Development Committee shall meet the third Tuesday of each month at 7:00 p.m. in the
City Hall Council Chambers. The Committee of the Whole will meet on the second and
fourth Tuesdays of each month at 7:00 p.m. in the City Hall Council Chambers.
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 Committee of the Whole meeting shall include all eight
aldermen. 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 Committee of the Whole meeting, the chairman shall be the Mayor, and
the vice - chairman shall be the Mayor Pro -Tem.
b. 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
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 Committee of the Whole
and City Council agendas. Items may not move out of committee but for a vote of
approval by 3 aldermen.
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
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Administration Metra, Library, Cable Consortium
NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those
members of the City Council voting, the following action is hereby taken by the City Council of
the United City of Yorkville:
ROBYN SUTCLIFF JOSEPH BESCO u �
GARY GOLINSKI WALLY WERDERICH
JOE PLOCHER MARTY MUNNS
ROSE SPEARS JASON LESLIE
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
Day of , A.D. 2007.
MAYOR
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
l� day of Q , A.D. 2007.
ATTEST: ��•�
CITY CLERK
Car
United City of Yorkville
800 Game Farm Road
EST. , 1836 Yorkville, Illinois 60560
4 Telephone: 630 -553 -4350
K -* Fax: 630 -553 -7575
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AGENDA
CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
Immediately Following Committee of the Whole
Date
Call to Order:
Pledge of Allegiance:
Roll Call by Clerk: WARD I WARD II WARD III WARD IV
Jason Leslie Gary Golinski Marty Munns Joe Besco
Wally Werderich Arden Joe Plocher Robyn Sutcliff Rose Ann Spears
Establishment of Quorum:
Introduction of Guests:
Amendments to Agenda:
Committee Meeting Dates:
Public Works Committee Meeting:
7:00 p.m., 1S Tuesday of each month
City Hall Conference Room
Economic Development Committee,:
7:00 p.m., 3 rd Tuesday of each month
City Hall Council Chambers
Administration Committee Meeting:
7:00 p.m., 1 st Tuesday of each month
City Hall Council Chambers
Public Safety Committee Meeting:
7:00 p.m., 3 rd Tuesday of each month
City Hall Conference Room
Presentations:
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City Council Meeting Agenda
Date
Page 2
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Public Hearings:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Citizen Comments:
Consent Agenda:
Plan Commission / Zoning Board of Appeals:
Minutes for Approval (Corrections and Additions):
Minutes of City Council —
Minutes of Committee of the Whole —
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:
City Attornev's Report:
City Clerk's Report:
Citv Treasurer's Report:
Citv Administrator's Report:
Finance Director's Report:
Director of Public Works Report:
Chief of Police Report:
Director of Parks & Recreation Report:
Communitv Development Director Report:
Communitv Relations Officer:
Communitv & Liaison Report:
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City Council Meeting Agenda
Date
Page 3
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Committee Reports:
Public Works Committee Report:
Economic Development Committee Report:
Public Safetv Committee Report:
Administration Committee Report:
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Additional Business:
Executive Session:
Adjournment:
COMMITTEES, MEMBERS AND RESPONSIBILITIES
(PUBLIC WORKS(
Committee Departments Liaisons
Chairman: Alderman Besco Water and Sewer Park Board
Vice - Chairman: Alderman Plocher Streets and Alleys YBSD
Committee: Alderman Leslie Sanitation and Waste
Committee: Alderwoman Sutcliff
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� CONOMIC DEVELOPMENT- -----------------------------------------------------------------------------------------------------------------------------------------------------
Committee Departments Liaisons
Chairman: Alderman Leslie Planning & Building & Zoning Chamber of Commerce
Vice - Chairman: Alderman Golinski 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
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PUBLICSAFETYf -------------------------------------------------------------------------------------------------------------------------------------------------------------------
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
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City Council Meeting Agenda
Date
Page 4
COMMITTEES, MEMBERS AND RESPONSIBILITIES (con't)
--------------------------------- - - - - -- ----
[ADMINISTRATIO
- - - - - -------------------------------------------------------------------------------------------------------------------------
Committee Departments Liaisons
Chairman: Alderman Munns Finance Metra
Vice - Chairman: Alderman Werderich Public Properties Library
Committee: Alderwoman Spears Personnel Cable Consortium
Committee: Alderman Golinski
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United City of Yorkville
_j Mayor Pro Tem Policy — Approved 2/22/05
MESM. 1B36
MAYOR PRO TEM.
(A) There is created the office of Mayor Pro Tern 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 of 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.
(D) In the event the Mayor fails to attend a meeting of the City Council, the Mayor Pro
Tem shall act as a temporary chairman for the meeting of the City Council, and while so serving
as temporary chairman, 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 tem, see ILCS Ch. 65, Act 5 § 3.1-35-35