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Administration Packet 2009 08-24-09 �o car o United City of Yorkville Q '" 800 Game Farm Road E6r. \ . 1836 Yorkville, Illinois 60560 < ` Telephone: 630-553-4350 ; fCmAl Fax: 630-553-7575 <CE ��• AGENDA ADMINISTRATION COMMITTEE MEETING Monday, August 24, 2009 6: 00 p.m. City Hall Conference Room Presentation: None Minutes for Correction/Approval: June 18, 2009 New Business : 1 . ADM 2009-41 Monthly Treasurer' s Report for May 2009 2. ADM 2009-42 Monthly Treasurer' s Report for June 2009 3 . ADM 2009-43 Discussion on Amending City' s Ethics Ordinance 4. ADM 2009-44 Department Head Hiring Process 5 . ADM 2009-45 Discussion on Procedures Regarding Aldermen Addressing Colmnittees and Staff on Ward Issues and Policies 6. ADM 2009-46 Staff & Committee Recommendations Regarding the Comprehensive Plan 7. ADM 2009-47 Discussion on Policy Regarding Questioning of Budget Line Items at City Council Meetings 8 . ADM 2009-48 Policy to Enact a Regular City Council Budget Review and Adjustment Old Business: Additional Business: 2008 City Council Goals - Administration Committee "City Hall. " (Infrastructure Planning) Alderman Munns Bart Olson Alderman Plocher "Eventplanning, withfocus on extension ofOktoberfest and Sunemerfest Glory Spies and clarifying the city 's role and adding city presence. " Alderman Plocher Bart Olson "Explore green design/certification for public buildings. " Alderman Sutcliff Bart Olson Travis Miller "Action plan for constituent communications. " Alderperson Spears Bart Olson Alderman Plocher Glory Spies i UNITED CITY OF YORKVILLE WORKSHEET ADMINISTRATION COMMITTEE Monday, August 24, 2009 6 :00 PM City Hall Conference Room --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTION/APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1 . June 18, 2009 ❑ Approved ❑ As presented ❑ With corrections --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: 1 . ADM 2009-41 Monthly Treasurer's Report for May 2009 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee j ❑ Informational Item 1 ❑ Notes I 2. ADM 2009-42 Monthly Treasurer' s Report for June 2009 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes it --------------------------------------------------------------------------------------------------------------------------------------- 3 . ADM 2009-43 Discussion on Amending City' s Ethics Ordinance ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes 4. ADM 2009-44 Department Head Hiring Process ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 5. ADM 2009-45 Discussion on Procedures Regarding Aldermen Addressing Committees and Staff on Ward Issues and Policies ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes 6. ADM 2009-46 Staff & Committee Recommendations Regarding the Comprehensive Plan ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 7. ADM 2009-47 Discussion on Policy Regarding Questioning of Budget Line Items at City Council Meetings ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes -------------- --------------------------------------------------------------------------------------------------------------------- 8 . ADM 2009-48 Policy to Enact a Regular City Council Budget Review and Adjustment ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes ADDITIONAL BUSINESS : --------------------------------------------------------------------------------------------------------------------------------------- i I DRAFT UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 ADMINISTRATION COMMITTEE MEETING City Hall, Conference Room Thursday, June 18 , 2009 — 6 : 00 P .M. PRESENT: Chairman Sutcliff, Vice-Chairman Teeling, Committeeman Gilson ABSENT: Committeemen Ald, Golinski ALSO PRESENT: City Treasurer — Bill Powell; City Admin. — Brendan McLaughlin; Interim Director of Park and Recreation - Bart Olson; Finance Director - Susan Mika and City Attorney — Kathy Orr Chairperson Sutcliff called the meeting to order at 6:02 pm. MINUTES FOR CORRECTION/APPROVAL: May 14, 2009 — Minutes were approved NEW BUSINESS : 1. ADM 2009-35 Monthly Treasurer's Report for April 2009 Bill Powell stated the beginning balance of $ 19, 170,793 .00 Revenue was worth $2,967,008 .00 Expenses of $2,987,516.00 For an ending balance of $23 ,271 , 126 .00 Our Reserved Balance in the General Fund is down to 2.38% The item was moved forward to City Council June 23 consent agenda. 2. ADM 2009-36 Resolution of Authorization to Close Castle bank Checking Acct. # 80515096 for the North Water Tower Project Chairperson Sutcliff stated that this account has a zero balance. Recommend approval to close. Approved to close. 3. ADM 2009-37 Resolution Approving an Identity Theft Prevention Program (Red Flag Rules Policy) Susan Mika commented that the city has to put this policy in place to help prevent identity theft. City Attorney Orr said the law went in effect in 2003 . The city was to comply Nov. 8°i and then extended to June. It effects every government that has water or garbage billing system. The item was moved forward to City Council June 23 consent agenda. 1 it 4. ADM 2009-38 Prevailing Wage Ordinance No questions. The item was moved forward to City Council June 23 consent agenda. 5. ADM 2009-39 Departmental Spending/Budget - Discussion Alderman Gilson brought this forward to council because he believes that Yorkville will not be able to achieve a balanced budget as proposed. He feels that it is time to be proactive as a city; to start micro-managing spending until things look better. He would like to propose that all department heads give an oral report at the City Council Meeting if they are spending over the budget and what specifically what they spent and why. Alderman Gilson asked Susan Mika if she believes we will meet the proposed budget. Director Mika stated she is currently working on reviewing revenue trends because we are 3 months behind. She said we have not closed the year end out as of yet. We may not get the target line for the Municipal Sales Tax and State Income Tax. We are half way through June and we haven't got in May' s numbers yet but based on what she is looking at, there' s a possibility we may not hit those. Once she gets more of an indication that we may not meet the targeted budget she will present to the Mayor. City Attorney Orr asked if the department heads report to the council, what happens then. Alderman Gilson said if they are over spending, we would know exactly what they are spending it on . City Attorney Orr said the information is here; located in the committee report. City Attorney Orr also said, by law, the City Council is a legislative body. It has no right to administer the day to day operations. The city has a chief CEO, the Mayor, so the accountability of the budget falls on her. The City Council is a legislative body that decides the budget and gets quarterly reports on the budget. Chairperson Sutcliff feels that it would be a duplicate effort to report and also stated that the budget has been cut to the bone. Alderman Gilson feels that there are still travel expenses that appear and all kinds of other frivolous spending that can be cut. Attorney Orr asked how much of the budget is under the control of the department. Brendan McLaughlin estimated somewhere between 10- 15% is the operational piece of the budget. There is about 6 or 7 departments, so each department would have control of approximately 2% of the budget. Alderman Gilson said 15% or 50%, we need to watch it all. And if 50% is staffing and we're still not meeting our proposed budget, then we need to look at staffing. City Attorney Orr said it's not overspending; the problem is the revenue shortfall, not the budget. 2 i Brendan McLaughlin stated last year' s total expenditures were lower than the total budget. At the end of last year, the revised budget for expenditures was $ 12,003,730.00. The projected yearend total expenditures were $ 11 ,952,013 .00. Administrator McLaughlin also stated there were over 2 million dollars in cuts this year. He believes there will be additional cuts this year, but he' s not prepared to make that statement one month into the year, Bill Powell believes what Alderman Gilson is looking for is if there are any unanticipated sizeable expenses that hit us at any given time. Alderman Gilson is looking to do, for what he thinks is fair and he thinks everyone here should agree, is to get all of the information for any set of over spending over what we have to run this city in the black; we should know what it is and we should know exactly what it is spend on and we should be accountable for it. The budget is set on annual basis and not on a month to month basis. Alderman Gilson asked if everyone was under the same preconception that we are not going to run in the black at the end of this budget and does anybody disagree with that. Chairperson Sutcliff disagrees with that, because adjustments will be made at the appropriate time. Brendan McLaughlin thinks it is far more productive to have 3 different budget meetings during the course of the year than to sit in 24 City Council meetings during the year and question each individual line item of each department head. Administrator McLaughlin doesn't think you' ll get the end results of a balanced budget and cost reductions by having that type of discussion which would cause longer and less effective council meetings. When the auditors wrap up the numbers from the past fiscal year would be a good time to sit with the Mayor to take a look at the current year' s budget and be able to say here's where we have revenue concerns and come in with recommended adjustments. Chairperson Sutcliff asked if this item should be sent forward to council. This item was declined 2 to l to move forward for consent. 6. ADM 2009-40 Policy on Developer Deposits Brendan McLaughlin explained that a policy needs to be created for outstanding bills that are owed to the city. City Attorney Orr said currently there is no policy in place. The policy states that the City Attorney will take action on items over $30K and items under $30K will get referred to a collections agency. Attorney Orr will inform the public by putting it on the attorney' s report. The item was moved forward to City Council June 23 consent agenda. 3 7. ADM 2009-41 Committee Liaison Appointments Metra Board — Choose not to participate at this time Library Board — Alderman Plocher Cable Consortium — Gary Golinski to continue ADDITIONAL BUSINESS : 1 . Strategic Plan — Vice-Chairman Teeling - Discussion Vice Chairman Teeling introduced a relatively inexpensive Strategic Plan for the City. Possibly start small with a survey or a questionnaire directed to the citizens. Setting goals for the city and get input from the citizens of where they want to see the city grow. Attorney Orr added that the Plan is only as good as the input but the idea is to get the City as a whole to participate; Businessmen, Elected Officials, Educators, Citizens and Recreational Businesses. Basically it is a priority list or a wish list; if we had money today, what would be more important for the citizens to have; Big Box Businesses, Movie Theatre, Public Transportation or classy stores. Would they want to remain a hometown setting or move into the 2151 century. Committeemen Gilson said he is ok with it as long as it is not an added cost to the city. Vice Chairman Teeling will investigate more on the topic and look into a no cost way to begin the process with a survey and possibly accompany the news letter. ADJOURNMENT OF THE ADMINISTRATION COMMITTEE MEETING: With no further business to discuss, the meeting adjourned at 7: 16 p.m. Minutes respectfully submitted by Tim Dlugopolski 4 Reviewed By: Agenda Item Number J` 0 Legal ❑ N EST 1836 Finance ❑ es 1 Engineer ❑ Tracking Number o y City Administrator F-1 r L Consultant ❑ Al)M -00 Gl - L I B �tE �VV ❑ Agenda Item Summary Memo Title: May 09 Treasurer's Report Meeting and Date: Administration Committee 7/16/09 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Colleen Sullivan Finance Name Department Agenda Item Notes: I United City of Yorkville Kendall County, IL Monthly Treasurer's Report Pre Audit Financial Summary As of May 31, 2009 Beginning May May Ending FYTD FY Budgeted FYTD FY Budgeted Fund Balance Revenues Expenses Balance Revenues Revenue Expenses Expenses O1 General 286,141 (491 ,029) 286,003 (4909890) (491,029) 11,4889253 2869003 111488252 11 Fox bill SSA (131660) - L289 (143949) - 11,906 1,289 20,000 12 Sunflower SSA 1,099 - (850) 1,949 - 15,925 (850) 23,000 15 Motor Fuel Tax 310,420 77 - 310,498 77 725,268 - 646,436 16 Municipal Building (5603274) 600 - (559,674) 600 (490,924) - 57,200 20 PD Capital 1953102 1,920 176 196,846 11920 215,296 176 215,296 21 PW Capital 189,237 2,800 6,858 1859179 2,800 1629295 6,858 139,000 22 Parks & Ree Equip Capital 257752 - - 259752 - - - - 23 City Wide Capital (939178) 1400 100,000 ( 190,778) 2,400 228,683 100,000 418,000 42 Debt Service (153,388) 100 8258 (16L546) 100 482.294 8,258 482,294 51 Water Ops. & Imprv. 16,6011135 369607 139,221 16,498,521 36,607 2,045,275 li9,221 2,041 ,625 52 Sewer 2,8449439 259817 511 300 2,8181955 25,817 2,499,700 51,300 1 ,954,752 72 Land Cash (295,847) 2,051 - (293,796) 21051 159,980 - 159,980 79 Parks & Recreation (117,515) 274,832 19,866 137,451 274,832 L389,125 19,866 L389325 80 Recreation Center (775778) 48,228 63,619 (93,169) 48,228 618,600 63,619 695,748 82 Library 782,979 4,934 1 M5 774,828 4,934 2269, 127 13,085 2,2691127 85 Fox Industrial 285,642 11 - 285,653 11 202,663 - 202,664 87 Countryside TIF Project 2372, 153 705 71,434 2,7011423 705 2,8079845 711434 29807,845 88 Downtown TIF 499575 - - 49,575 - 122,170 - 122,170 95 Trust & Agency 239,093 15,729 - 254,822 15,729 - - - Totals 23,2715126 (743218) 760257 22.436,651 (74.218) 24953.482 760,257 253132,514 Note: Revenue deficit to be offset with un balance. As Treasurer of the United City of Yorkville, 1 hereby attest, to the best of my knowledge, that the information contained in this Treasurer's Report is accurate as of the date detailed herein. Full detail information is available in the Finance Department. William Powell, Treasurer Fund Balance Reserve May-09 Apr-09 Mar-09 Feb-09 I Jan-09 11 Dec-08 Nov-08 Oct-08 General Fund * -4.27% 23A% 4.68% 1 8.96%1 1 10.69% 15.37% 14.98% 20.18% Water Ops. & Imprv. * 808.11% 113 .42% 98.04% 98.59%1 1 9822% - 11 .29% -10. 19% Sewer Ops. & Imprv. * 14411% 80.76% 36.03% 6.19%1 1 J 35.L3%J 122.53% li4.78% li4.79% Combined Fund Balance * 727 .58% 65.4% 53.4% 56.4% 56.7% 16.7% 18.76% 21 .63% Prepared by: Colleen Sullivan * Fiscal year end adjustments to move revenue and expenses to the proper year w ll cause a percentage variable. Stability will be restored after audit adjustments are posted. C/py Reviewed By: Agenda Item Number J� J O Legal ❑ �ga Finance EST. 1836 ❑ 1 Engineer ❑ Tracking Number O � i . y City Administrator ❑ p ^x O Consultant ❑ ftm aq —[I o2 <kE e�ti Agenda Item Summary Memo Title: June 09 Treasurer's Report Meeting and Date: Administration Committee 8/24/09 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Colleen Sullivan Finance Name Department Agenda Item Notes: United City of Yorkville Kendall County, IL Monthly Treasurer's Report Pre Audit Financial Summary As of June 30, 2009 Beginning June June Ending FYTD FY Budgeted FYTD FY Budgeted Fund Balance Revenues Expenses Balance Revenues Revenue Expenses Expenses O1 General 248,310 1,049,462 710,580 5873191 558,433 111488,253 996,583 11,4889252 11 Fox Hill SSA (143949) 1,884 434 (139498) 15884 11,906 1,723 20,000 12 Sunflower SSA 1,949 17397 2,026 11320 15397 15,925 1,176 23,000 15 Motor Fuel Tax 271,813 30,777 14,372 288,218 30,854 725,268 14,372 646,436 16 Municipal Building (559,674) 900 - (558,774) 1,500 (490,924) - 577200 20 PD Capital 1883156 2,500 65 1903591 4,420 2153296 241 2153296 21 PW Capital 1857179 57600 6,858 183,921 85400 162,295 13,716 1393000 22 Parks & Rec Equip Capital 253752 550 - 26,302 550 - - - 23 City Wide Capital (1903778) 4,800 - (1859978) 75200 228,683 100,000 418,000 42 Debt Service (161,546) 2,132 71,789 (231,203) 21232 482,294 80,047 482,294 51 Water Ops. & Imprv. 16,490,889 290,347 217,253 16,5637982 3267953 270457275 3567474 2,041 ,625 52 Sewer 2,818,924 133, 122 314,604 236377442 1587939 21499,700 365,905 1,954,752 72 Land Cash (2933796) 5,230 263002 (3142568) 7,281 1595980 263002 159,980 79 Parks & Recreation 135,594 113,680 93,969 1555305 388,512 13389, 125 113,835 15389,125 80 Recreation Center (935015) 47,479 50,581 (96,117) 95,707 618,600 1143200 695,748 82 Library 774,828 103070 265,408 519,490 15,004 232695127 278,493 2,269,127 85 Fox Industrial 2859653 143714 - 3009367 145724 202,663 - 2023664 87 Countryside TIF Project 237015423 989 - 2,702,412 15694 2,807,845 71,434 2,807,845 88 Downtown TIF 827442 67124 - 88,566 67124 1227170 - 1227170 95 Trust & Agency 2543822 8525278 - 1 ,1073100 8683008 - - - Totals 2351513976 2,574,034 1,773,942 23,952,068 2,499,816 24,953,482 2,534,199 257132,514 No e: Revenue deficit to be offset with fund balance. As Treasurer of the United City of Yorkville, I hereby attest, to the best of my knowledge, that the information contained in this Treasurer's Report is accurate as of the date detailed herein. Full detail information is available in the Finance Department. William Powell, Treasurer Fund Balance Reserve Jun-09 May-09 Apr-09 Mar-09 Feb-09 Jan-09 Dec-08 Nov-08 General Fund. * 5. 11% -4.27% 2.38% 4.68% 8.96% 10.69% 15.37% 14.98% Water Ops. & Imprv. * 811 .31% 808. 11% 113.42% 98.04% 98.59%11 98.22% - 11 .29% -10. 19% Sewer Ops. & Imprv. * 134.92% 144.21% 80.76% 36.03% 36. 19%11 35. 13% 122.53% 134.79% Combined Fund Balance * 127.80% 121 .58% 65.4% 53.4% 56.4% 11 56.7% 16.7%11 18.76% Prepared by: Colleen Sullivan * Fiscal year end adjustments to move revenue and expenses to the proper year will cause a percentage variable. Stability will be restored after audit adjustments are posted. 0 Cl py Reviewed By: Agenda Item Niunber z J � .16 Legal El X16 It 3 Finance ❑ EST. 7636 Engineer ❑ -��-- Tracking Number City Administrator ❑ Consultant ❑ ❑ AO M aom _ 43 NevbMCOUrry ` Agenda Item Summary Memo Title: Discussion on Amending City's Ethics Ordinance Meeting and Date• Administration Committee—August 24, 2009 Synopsis: Seeks direction regarding Ethics Officer or Ethics Committee and if penalties should be added. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Brendan McLaughlin Administration Name Department Agenda Item Notes: D C/;N Memorandum oa To: Mayor Burd and City Council EST. . ioss From : Brendan McLaughlin, City Administrator p Date : August 20, 2009 V hW Subject: City's Ethics Ordinance <CE �tiy This agenda item is provided for City Council's consideration of amending the City's Ethics ordinance. A recent review of the City's Ethics Ordinance in comparison to Illinois State Statute identified two items which the City Council may want to address. One item is that the City's Ethics Ordinance does not provide for an Ethics Officer or Ethics Commission . A second item is that the City's Ethics Ordinance does not provide for penalties for violations. A copy of the State's Model Ethics Ordinance is provided and could be used as the template for amending the City's Ethics Ordinance. Sections related to the Ethics Officer or Ethics Commission are found in ARTICLES 15 and 20. The sections related to penalty provisions are found in ARTICLE 25. BMcL: pbo attachments: State Ethics Ordinance City Ethics Ordinance 5 ILCS 430/ State Officials and Employees Ethics Act. Page 1 of 1 GENERAL PROVISIONS (5 ILCS 430/) State Officials and Employees Ethics Act. ( 5 ILCS 430 /Art . 70 heading ) ARTICLE 70 GOVERNMENTAL ENTITIES ( Source : P . A . 93 -615 , eff . 11- 19-03 . ) ( 5 ILCS 430 / 70 - 5 ) Sec . 70 -5 . Adoption by governmental entities . ( a ) Within 6 months after the effective date of this Act , each governmental entity other than a community college district , and each community college district within 6 months after the effective date of this amendatory Act of the 95th General Assembly , shall adopt an ordinance or resolution that regulates , in a manner no less restrictive than Section 5- 15 and Article 10 of this Act , ( i ) the political activities of officers and employees of the governmental entity and ( ii ) the soliciting and accepting of gifts by and the offering and making of gifts to officers and employees of the governmental ',, entity . ',, ( b ) Within 3 months after the effective date of this amendatory Act of the 93rd General Assembly , the Attorney General shall develop model ordinances and resolutions for the purpose of this Article . The Attorney General shall advise '.. governmental entities on their contents and adoption . ( c ) As used in this Article , ( i ) an ^ officer " means an elected or appointed official ; regardless of whether the '.. official is compensated , and ( ii ) an " employee " means a '.. full -time , part-time , or contractual employee . '.. ( Source : P . A . 95 - 880 , eff . 8- 19 - 08 . ) ( 5 ILCS 430 / 70 -10 ) ', Sec . 70 - 10 . Penalties . A governmental entity may provide '.. in the ordinance or resolution required by this Article for penalties similar to those provided in this Act for similar conduct . ( Source : P . A . 93 - 615 , eff . 11- 19- 03 . ) ( 5 ILCS 430 / 70 - 15 ) Sec . 70 - 15 . Home rule preemption . This Article is a denial and limitation of home rule powers and functions in accordance with subsection ( i ) of Section 6 of Article VII of the Illinois Constitution . A home rule unit may not regulate the political activities of its officers and employees and the soliciting , offering , accepting , and making of gifts in a manner less restrictive than the provisions of Section 70 - 5 . ( Source : P . A . 93 - 615 , eff . 11- 19- 03 ; 93 -617 , eff . 12 -9-03 . ) http://www.ilga.gov/legislation/iles/iles4.asp?ChapAct=5%26nbsp%3 BILCS%26nbsp%3 ... 8/20/2009 STATE OF ILLINOIS ) COUNTY OF KENDALL ) ORDINANCE NO. 2004-,�Z C(' AN ORDINANCE OF THE UNITED CITY OF YORKVILLE REPEALING ORDINANCE NO. 1999-12 AND AN ORDINANCE IMPLEMENTING THE PROVISIONS OF THE STATE OFFICIALS AND EMPLOYEES ETHICS ACT (5 ILCS 430/1-1 ET. SEQ.) WHEREAS, the Illinois General Assembly has enacted the State Officials and Employees Ethics Act 5 ILLS 430/1 -1 et.seq. (hereinafter referred to as "Act"), which is a comprehensive revision of State statutes regulating ethical conduct, political activities and the solicitation and acceptance of gifts by state officials and employees; and WHEREAS, the Act requires all units of local government and school districts to adopt ordinances or resolutions regulating the political activities of, and the solicitation and acceptance of gifts by, the officers and employees of such units "in a manner no less restrictive" than the provisions of the Act on or before May 19, 2004; and WHEREAS, it is the clear intention of the Act to require units of local government and school districts to implement regulations that are at least as restrictive as those contained in the Act, and to impose penalties for violations of those regulations that are equivalent to those imposed by the Act, notwithstanding that such penalties may exceed the general authority granted to units of local government to penalize ordinance violations; and I WHEREAS, it is the clear intention of the act to provide units of local government with all authority necessary to implement its requirements on the local level regardless of any general limitations on the power to define and punish ordinance violations that might otherwise be applicable; and WHEREAS, because the Act provides for the imposition of significant penalties for violations of said local regulations, it is necessary to adopt the required regulations by Ordinance rather than by Resolution; NOW, THEREFORE, BE IT ORDANINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE AS FOLLOWS : Section 1 : The Code of Ordinances of The United City of Yorkville is hereby amended by the addition of the following provisions: 1 ARTICLE 1 DEFINITIONS Section 1 - 1 . For purposes of this ordinance, the following terms shall be given these definitions: "Campaign for elective office" means any activity in furtherance of an effort to influence the selection, nomination, election, or appointment of any individual to any federal, State, or local public office or office in a political organization, or the selection, nomination, or election of Presidential or Vice-Presidential electors, but does not include activities (i) relating to the support or opposition of any executive, legislative, or administrative action, (ii) relating to collective bargaining, or (iii) that are otherwise in furtherance of the person' s official duties. "Candidate" means a person who has filed nominating papers or petitions for nomination or election to an elected office, or who has been appointed to fill a vacancy in nomination, and who remains eligible for placement on the ballot at a regular election, as defined in section 1-3 of the election Code (10 ILCS 5/1 -3). "Compensated time" means, with respect to an employee, any time worked by or credited to the employee that counts toward any minimum work time requirement imposed as a condition of his or her employment, but for purposes of this Ordinance, does not include any designated holidays, vacation periods, personal time, compensatory time off or any period when the employee is on a leave of absence. With respect to officers of employees whose hours are not fixed, "compensated time" includes any period of time when the officer is on premises under the control of the employer and any other time when the officer or employee is executing his or her official duties, regardless of location. "Compensatory time off' means authorized time off earned by or awarded to an employee to compensate in whole or in part for time worked in excess of the minimum work time required of that employee as a condition of his or her employment. The definition of "Compensatory time off' or "Compensated time" given herein shall in no way affect the same definitions under any collective bargaining agreement or employee manual definition for employee benefit purposes of the City Code of the United City of Yorkville. The defined terms "Compensatory time off' and "Compensated time" under Article 1 of this Ordinance, are solely limited to definitions for purposes of interpreting Article 2 "Prohibited Political Activities" subsection (b) of this Ordinance. "Contribution" has the same meaning as that term is defined in section 901 .4 of the Election code (10 ILCS 5/9-1 .4). 2 "Employee" means a person employed by The United City of Yorkville, whether on a fulltime or part-time bases or pursuant to a contract, whose duties are subject to the direction and control of an employer with regard to the material details of how the work is to be performed, but does not include an independent contractor. "Employer" means The United City of Yorkville. "Gift" means any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible or intangible item having monetary value including, but not limited to, cash, food and drink, and honoraria for speaking engagements related to or attributable to government employment or the official position of an officer or employee. "Leave of absence" means any period during which an employee does not receive (i) compensation for employment, (ii) service credit towards pension benefits, and (iii) health insurance benefits paid for by the employer. "Officer" means a person who holds, by election or appointment, an office created by statute or ordinance, regardless of whether the officer is compensated for service in his or her official capacity. "Political activity" means any activity in support of or in connection with any campaign for elective office or any political organization, but does not include activities (i) relating to the support or opposition of any executive, legislative, or administrative action, (ii) relating to collective bargaining, or (iii) that are otherwise in furtherance of the person's official duties. "Political organization" means a party, committee, association, fund, or other organization (whether or not incorporated) that is required to file a statement of organization with the state Board of Elections or a county clerk under section 9-3 of the Election Code (10 ILCS 5/9-3), but only with regard to those activities that require filing with the state Board of Elections or a county clerk. "Prohibited political activity" means: (1 ) Preparing for, organizing, or participating in any political meeting, political rally, political demonstration, or other political event. (2) Soliciting contributions, including but not limited to the purchase of, selling, distributing, or receiving payment for tickets for any political fundraiser, political meeting, or other political event. (3) Soliciting, planning the solicitation of, or preparing any document or report regarding anything of value intended as campaign contribution. 3 i (4) Planning, conducting, or participating in a public opinion poll in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question. (5) Surveying or gathering information from potential or actual voters in an election to determine probable vote outcome in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question. (6) Assisting at the polls on Election Day on behalf of any political organization or candidate for elective office or for or against any referendum question. (7) Soliciting votes on behalf of a candidate for elective office or a political organization or for or against any referendum question or helping in an effort to get voters to the polls. (8) Initiating for circulation, preparing, circulating, reviewing, or filing any petition on behalf of a candidate for elective office or for or against any referendum questions. (9) Making contributions on behalf of any candidate for elective office in that capacity or in connection with a campaign or elective office. (10) Preparing or reviewing responses to candidate questionnaires. (11 ) Distributing, preparing for distribution, or mailing campaign literature, campaign signs, or other campaign material on behalf of any candidate for elective office or for or against any referendum questions. (12) Campaigning for any elective office or for or against any referendum questions. (13) Managing or working on a campaign for elective office or for or against any referendum question. (14) Serving as a delegate, alternate, or proxy to a political party convention. ( 15) Participating in any recount or challenge to the outcome of any election. 4 "Prohibited source" means any person or entity who: (1 ) is seeking official action (i) by an officer or (ii) by an employee, or by the officer or another employee directing that employee; (2) does business or seeks to do business (i) with the officer or (ii) with an employee, or with the officer or another employee directing that employee; (3) conducts activities regulated (i) by the officer or (ii) by an employee, or by the officer or another employee directing that employee; or (4) has interests that may be substantially affected by the performance or non-performance of the official duties of the officer or employee. ARTICLE 2 PROHIBITED POLITICAL ACTIVITIES Section 2- 1 . Prohibited political activities. (a) No officer or employee shall intentionally perform any prohibited political activity during any compensated time, as defined herein. No officer or employee shall intentionally use any property or resources of the United City of Yorkville in connection with any prohibited political activity. (b) At no time shall any officer or employee intentionally require any other officer or employee to perform any prohibited political activity (i) as part of that officer or employee's duties, (ii) as a condition of employment, or (iii) during any compensated time off (such as holidays, vacation or personal time off). (c) No officer or employee shall be required at any time to participate in any prohibited political activity in consideration for that officer or employee being awarded additional compensation or any benefit, whether in the form of a salary adjustment, bonus, compensatory time off, continued employment or otherwise, nor shall any officer or employee be awarded additional compensation or any benefit in consideration for his or her participation in any prohibited political activity. (d) Nothing in this section prohibits activities that are permissible for an officer or employee to engage in as part of his or here official duties, or activities that are undertaken by an officer or employee on a voluntary basis which are not prohibited by this Ordinance. 5 I (e) No person either (i) in a position that is subject to recognized merit principles of public employment or (ii) in a position the salary for which is paid in whole or in part by federal funds and that is subject to the Federal Standards for a Merit System of Personnel Administration applicable to grant-in-aid programs, shall be denied or deprived of employment or tenure solely because he or she is a member or an officer of a political committee, of a political party, or of a political organization or club. ARTICLE 3 GIFT BAN Section 3-1 . Gift ban. Except as permitted by this Article, no officer or employee, and no spouse of or immediate family member living with any officer or employee (collectively referred to herein as "recipients"), shall intentionally solicit or accept any gift from any prohibited source, as defined herein, or which is otherwise prohibited by law or ordinance. No prohibited source shall intentionally offer or make a gift that violates this section. Section 3-2. Exceptions. Section 3-1 is not applicable to the following: (1 ) Opportunities, benefits, and services that are available on the same conditions as for the general public. (2) Anything for which the officer or employee, or his or her spouse or immediate family member, pays the fair market value. (3) Any (i) contribution that is lawfully made under the Election Code or (ii) activities associated with a fundraising event in support of a political organization or candidate. (4) Educational materials and missions. (5) Travel expenses for a meeting to discuss business. (6) A gift from a relative, meaning those people related to the individual as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, Bon- in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, and including the father, mother, grandfather, or grandmother of the individual's fiance or fiancee. 6 I (7) Anything provided by an individual on the basis of a personal friendship unless the recipient has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the recipient or his or her spouse or immediate family member and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the recipient shall consider the circumstances under which the gift was offered, such as : (i) the history of the relationship between the individual giving the if and the recipient of the gift, including any previous exchange of gifts between those individuals; (ii) whether to the actual knowledge of the recipient the individual who gave the gift personally paid for the gift or sought a tax deduction or business reimbursement for the gift; and (iii) whether to the actual knowledge of the recipient the individual who gave the gift also at the same time gave the same or similar gifts to other officers or employees, or their spouses or immediate family members. (8) Food or refreshments not exceeding $75 per person in value on a single calendar day; provided that the food or refreshments are (i) consumed on the premises from which they were purchased or prepared or (ii) catered. For the purposes of this Section, "catered" means food or refreshments that are purchased ready to consume which are delivered by any means. (9) Food, refreshments, lodging, transportation, and other benefits resulting from outside business or employment activities (or outside activities that are not connected to the official duties of an officer or employee), if the benefits have not been offered or enhanced because of the official position or employment of the officer or employee, and are customarily provided to others in similar circumstances. ( 10) Intra-governmental and inter-governmental gifts. For the purpose of this Act, "intra-governmental gift" means any gift given to an officer or employee from another officer or employee, and "inter-governmental gift" means any gift given to an officer or employee by an officer or employee of another governmental entity. (11 ) Bequests, inheritances, and other transfers at death. (12) Any item or items from any one prohibited source during any calendar year having a cumulative total value of less than $ 100. 7 II Each of the exceptions listed in this Section is mutually exclusive and independent of every other. Section 3-3 . Disposition of gifts. An officer or employee, his or her spouse or any immediate family member living with the officer or employee, does not violate this Ordinance if the recipient promptly takes reasonable action to return a gift from a prohibited source to its source or gives the gift or an amount equal to its value to an appropriate charity that is exempt from income taxation under Section 501 (c) (3) of the Internal Revenue Code of 1986, as now or hereafter amended, renumbered, or succeeded. Section 4. REPEALER: All ordinances or parts of ordinances conflicting with any of the provisions of this ordinance shall be and the same are hereby repealed. Section 5 . SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Section 6. EFFECTIVE DATE: This ordinance shall be in effect upon its passage and approval by the United City of Yorkville Mayor and City Council. IN WITNESS WHEREOF, this Ordinance has been enacted this day of 2004. PAUL JAMES MARTY MUNNS RICHARD STICKA WANDA OHARE VALERIE BURD ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this JJ day of AA 0 A.D. 2004. z� � Ooe MAYOR U 8 i PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this - e day of m A.D. 2004. At O _I U �ITY CLERK This Document Prepared by: Law Offices of Daniel J. Kramer 1107A South Bridge Street Yorkville, Illinois 60560 630-553-9500 9 i �i MODEL ETHICS ORDINANCE PREAMBLE WHEREAS, the Illinois General Assembly has enacted the State Officials and Employees Ethics Act (Public Act 93-615, effective November 19, 2003, as amended by Public Act 93-617, effective December 9, 2003), which is a comprehensive revision of State statutes regulating ethical conduct, political activities and the solicitation and acceptance of gifts by State officials and employees; and WHEREAS, the Act requires all units of local government and school districts, within six months after the effective date of Public Act 93-615, to adopt ordinances or resolutions regulating the political activities of, and the solicitation and acceptance of gifts by, the officers and employees of such units "in a manner no less restrictive" than the provisions of the Act; and WHEREAS, it is the clear intention of the Act to require units of local government and school districts to implement regulations that are at least as restrictive as those contained in the Act, and to impose penalties for violations of those regulations that are equivalent to those imposed by the Act, notwithstanding that such penalties may exceed the general authority granted to units of local government to penalize ordinance violations; and WHEREAS, it is the clear intention of the Act to provide units of local government with all authority necessary to implement its requirements on the local level regardless of any general limitations on the power to define and punish ordinance violations that might otherwise be applicable; and WHEREAS, because the Act provides for the imposition of significant penalties for violations of said local regulations, it is necessary to adopt the required regulations by Ordinance rather than by Resolution; NOW, THEREFORE, BE IT ORDAINED BY THE [CORPORATE AUTHORITIES] OF THE [INSERT NAME OFENTITIJ , AS FOLLOWS: SECTION 1 : The Code of Ordinances of [name ofentily] is hereby amended by the addition of the following provisions: ARTICLE 1 DEFINITIONS 1 i I' Section I - 1 . For purposes of this ordinance, the following terns shall be given these definitions: "Campaign for elective office" means any activity in furtherance of an effort to influence the selection, nomination, election, or appointment of any individual to any federal, State, or local public office or office in a political organization, or the selection, nomination, or election of Presidential or Vice-Presidential electors, but does not include activities (i) relating to the support or opposition of any executive, legislative, or administrative action, (ii) relating to collective bargaining, or (iii) that are otherwise in furtherance of the person's official duties. "Candidate" means a person who has filed nominating papers or petitions for nomination or election to an elected office, or who has been appointed to fill a vacancy in nomination, and who remains eligible for placement on the ballot at a regular election, as defined in section 1 -3 of the Election Code ( 10 ILCS 5/1 -3). "Collective bargaining" has the same meaning as that term is defined in Section 3 of the Illinois Public Labor Relations Act (5 ILCS 315/3). "Compensated time" means, with respect to an employee, any time worked by or credited to the employee that counts toward any minimum work time requirement imposed as a condition of his or her employment, but for purposes of this Ordinance, does not include any designated holidays, vacation periods, personal time, compensatory time off or any period when the employee is on a leave of absence. With respect to officers or employees whose hours are not fixed, "compensated time" includes any period of time when the officer is on premises under the control of the employer and any other time when the officer or employee is executing his or her official duties, regardless of location. "Compensatory time off" means authorized time off earned by or awarded to an employee to compensate in whole or in part for time worked in excess of the minimum work time required of that employee as a condition of his or her employment. "Contribution" has the same meaning as that term is defined in section 9-1 .4 of the Election Code (1 O ILCS 5/9-1 .4). "Employee" means a person employed by the [name ofentity], whether on a full- time or part-time basis or pursuant to a contract, whose duties are subject to the direction and control of an employer with regard to the material details of how the work is to be performed, but does not include an independent contractor. "Employer" means the [name of entity)] . "Gift" means any gratuity, discount, entertainment, hospitality, loan, forbearance, 2 or other tangible or intangible item having monetary value including, but not limited to, cash, food and drink, and honoraria for speaking engagements related to or attributable to government employment or the official position of an officer or employee. "Leave of absence" means any period during which an employee does not receive (i) compensation for employment, (ii) service credit towards pension benefits, and (iii) health insurance benefits paid for by the employer. "Officer" means a person who holds, by election or appointment, an office created by statute or ordinance, regardless of whether the officer is compensated for service in his or her official capacity. "Political activity" means any activity in support of or in connection with any campaign for elective office or any political organization, but does not include activities (i) relating to the support or opposition of any executive, legislative, or administrative action, (ii) relating to collective bargaining, or (iii) that are otherwise in furtherance of the person's official duties. "Political organization" means a party, committee, association, fund, or other organization (whether or not incorporated) that is required to file a statement of organization with the State Board of Elections or a county clerk under Section 9-3 of the Election Code (10 ILCS 5/9-3), but only with regard to those activities that require filing with the State Board of Elections or a county clerk. "Prohibited political activity" means : (1 ) Preparing for, organizing, or participating in any political meeting, political rally, political demonstration, or other political event. (2) Soliciting contributions, including but not limited to the purchase of, selling, distributing, or receiving payment for tickets for any political fundraiser, political meeting, or other political event. (3) Soliciting, planning the solicitation of, or preparing any document or report regarding anything of value intended as a campaign contribution. (4) Planning, conducting, or participating in a public opinion poll in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question. (5) Surveying or gathering information from potential or actual voters in an election to determine probable vote outcome in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question. 3 (6) Assisting at the polls on election day on behalf of any political organization or candidate for elective office or for or against any referendum question. (7) Soliciting votes on behalf of a candidate for elective office or a political organization or for or against any referendum question or helping in an effort to get voters to the polls. (8) Initiating for circulation, preparing, circulating, reviewing, or filing any petition on behalf of a candidate for elective office or for or against any referendum question. (9) Making contributions on behalf of any candidate for elective office in that capacity or in connection with a campaign for elective office. ( 10) Preparing or reviewing responses to candidate questionnaires. (1 1 ) Distributing, preparing for distribution, or mailing campaign literature, campaign signs, or other campaign material on behalf of any candidate for elective office or for or against any referendum question. (12) Campaigning for any elective office or for or against any referendum question. (13) Managing or working on a campaign for elective office or for or against any referendum question. (14) Serving as a delegate, alternate, or proxy to a political party convention. ( 15) Participating in any recount or challenge to the outcome of any election. "Prohibited source" means any person or entity who: ( 1 ) is seeking official action (i) by an officer or (ii) by an employee, or by the officer or another employee directing that employee; (2) does business or seeks to do business (i) with the officer or (ii) with an employee, or with the officer or another employee directing that employee; (3) conducts activities regulated (i) by the officer or (ii) by an employee, or by the officer or another employee directing that employee; or 4 (4) has interests that may be substantially affected by the performance or non-performance of the official duties of the officer or employee. ARTICLE 5 PROHIBITED POLITICAL ACTIVITIES Section 5- 1 . Prohibited political activities. (a) No officer or employee shall intentionally perform any prohibited political activity during any compensated time, as defined herein. No officer or employee shall intentionally use any property or resources of the [name of entity] in connection with any prohibited political activity. (b) At no time shall any officer or employee intentionally require any other officer or employee to perform any prohibited political activity (i) as part of that officer or employee's duties, (ii) as a condition of employment, or (iii) during any compensated time off (such as holidays, vacation or personal time off). (c) No officer or employee shall be required at any time to participate in any prohibited political activity in consideration for that officer or employee being awarded additional compensation or any benefit, whether in the form of a salary adjustment, bonus, compensatory time off, continued employment or otherwise, nor shall any officer or employee be awarded additional compensation or any benefit in consideration for his or her participation in any prohibited political activity. (d) Nothing in this Section prohibits activities that are permissible for an officer or employee to engage in as part of his or her official duties, or activities that are undertaken by an officer or employee on a voluntary basis which are not prohibited by this Ordinance. (e) No person either (i) in a position that is subject to recognized merit principles of public employment or (ii) in a position the salary for which is paid in whole or in part by federal funds and that is subject to the Federal Standards for a Merit System of Personnel Administration applicable to grant-in-aid programs, shall be denied or deprived of employment or tenure solely because he or she is a member or an officer of a political committee, of a political party, or of a political organization or club. ARTICLE 10 GIFT BAN Section 10- 1 . Gift ban. Except as permitted by this Article, no officer or employee, and no spouse of or immediate family member living with any officer or employee (collectively referred to herein as "recipients"), shall intentionally solicit or accept any gift from any 5 I prohibited source, as defined herein, or which is otherwise prohibited by law or ordinance. No prohibited source shall intentionally offer or make a gift that violates this Section. Section 10-2. Exceptions. Section 10- 1 is not applicable to the following: ( 1 ) Opportunities, benefits, and services that are available on the same conditions as for the general public. (2) Anything for which the officer or employee, or his or her spouse or immediate family member, pays the fair market value. (3) Any (i) contribution that is lawfully made under the Election Code or (ii) activities associated with a fundraising event in support of a political organization or candidate. (4) Educational materials and missions. (5) Travel expenses for a meeting to discuss business. (6) A gift from a relative, meaning those people related to the individual as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother- in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, and including the father, mother, grandfather, or grandmother of the individual's spouse and the individual's fiance or fiancee. (7) Anything provided by an individual on the basis of a personal friendship unless the recipient has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the recipient or his or her spouse or immediate family member and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the recipient shall consider the circumstances under which the gift was offered, such as: (i) the history of the relationship between the individual giving the gift and the recipient of the gift, including any previous exchange of gifts between those individuals; (ii) whether to the actual knowledge of the recipient the individual who gave the gift personally paid for the gift or sought a tax deduction or business reimbursement for the gift; and (iii) whether to the actual knowledge of the recipient the individual who gave the gift also at the same time gave the same or similar gifts to other officers or employees, or their spouses or immediate family members. (8) Food or refreshments not exceeding $75 per person in value on a single calendar day; provided that the food or refreshments are (i) consumed on the premises from which they were purchased or prepared or (ii) catered. For the purposes of this Section, "catered" means food or refreshments that are purchased ready to consume which are delivered by any means. 6 (9) Food, refreshments, lodging, transportation, and other benefits resulting from outside business or employment activities (or outside activities that are not connected to the official duties of an officer or employee), if the benefits have not been offered or enhanced because of the official position or employment of the officer or employee, and are customarily provided to others in similar circumstances. (10) Intra-governmental and inter-governmental gifts. For the purpose of this Act, "intra- governmental gift" means any gift given to an officer or employee from another officer or employee, and "inter-governmental gift" means any gift given to an officer or employee by an officer or employee of another governmental entity. (1 I ) Bequests, inheritances, and other transfers at death. (12) Any item or items from any one prohibited source during any calendar year having a cumulative total value of less than $100. Each of the exceptions listed in this Section is mutually exclusive and independent of every other. Section 10-3 . Disposition of gifts. An officer or employee, his or her spouse or an immediate family member living with the officer or employee, does not violate this Ordinance if the recipient promptly takes reasonable action to return a gift from a prohibited source to its source or gives the gift or an amount equal to its value to an appropriate charity that is exempt from income taxation under Section 501 (c)(3) of the Internal Revenue Code of 1986, as now or hereafter amended, renumbered, or succeeded. ARTICLE 15 ETHICS ADVISOR Section 15- 1 . The [chief executive officer], with the advice and consent of the [corporate authorities] shall designate an Ethics Advisor for the [name of entity] . The duties of the Ethics Advisor may be delegated to an officer or employee of the [name of entity] unless the position has been created as an office by the [name ofentity]. Section 15-2. The Ethics Advisor shall provide guidance to the officers and employees of the [name of entity] concerning the interpretation of and compliance with the provisions of this Ordinance and State ethics laws. The Ethics Advisor shall perform such other duties as may be delegated by the [corporate authorities] . ARTICLE 20 7 ETHICS COMMISSION Section 20- 1 . There is hereby created a commission to be known as the Ethics Commission of [name of entity] . The Commission shall be comprised of three members appointed by the [chief executive officer] with the advice and consent of the [corporate authorities] . No person shall be appointed as a member of the Commission who is related, either by blood or by marriage up to the degree of first cousin, to any elected officer of [name of entity] . [For entities in which of are elected on a partisan basis, insert the folloiring: No more than two members of the Commission shall belong to the same political party at the time such appointments are made. Party affiliation shall be determined by affidavit of the person appointed.] Section 20-2. At the first meeting of the Commission, the initial appointees shall draw lots to determine their initial terms. Two commissioners shall serve 2-year terms, and the third commissioner shall serve a one-year term. Thereafter, all commissioners shall be appointed to 2- year terms. Commissioners may be reappointed to serve subsequent terms. At the first meeting of the Commission, the commissioners shall choose a chairperson from their number. Meetings shall be held at the call of the chairperson or any 2 commissioners. A quorum shall consist two commissioners, and official action by the commission shall require the affirmative vote of two members. Section 20-3 . The [chief executive off cer], with the advice and consent of the [corporate authorities], may remove a commissioner in case of incompetency, neglect of duty or malfeasance in office after service on the commissioner by certified mail, return receipt requested, of a copy of the written charges against the commissioner and after providing an opportunity to be heard in person or by counsel upon not less than 10 days' notice. Vacancies shall be filled in the same manner as original appointments. Section 20-4. The Commission shall have the following powers and duties: ( 1 ) To promulgate procedures and rules governing the performance of its duties and the exercise of its powers. (2) Upon receipt of a signed, notarized, written complaint, to investigate, conduct hearings and deliberations, issue recommendations for disciplinary actions, impose fines in accordance with Section 25- 1 (c) of this Ordinance and refer violations of Article 5 or Article 10 of this Ordinance to the appropriate attorney for prosecution. The Commission shall, however, act only upon the receipt of a written complaint alleging a violation of this Ordinance and not upon its own prerogative. (3) To receive information from the public pertaining to its investigations and to require additional information and documents from persons who may have violated the provisions of this Ordinance. 8 i i (4) To compel the attendance of witnesses and to compel the production of books and papers pertinent to an investigation. It is the obligation of all officers and employees of the [name of entity] to cooperate with the Commission during the course of its investigations. Failure or refusal to cooperate with requests by the Commission shall constitute grounds for discipline or discharge. (5) The powers and duties of the Commission are limited to matters clearly within the purview of this Ordinance. Section 20-5 . (a) Complaints alleging a violation of this Ordinance shall be filed with the Ethics Commission. (b) Within 3 business days after the receipt of a complaint, the Commission shall send by certified mail, return receipt requested, a notice to the respondent that a complaint has been filed against him or her and a copy of the complaint. The Commission shall send by certified mail, return receipt requested, a confirmation of the receipt of the complaint to the complainant within 3 business days after receipt by the commission. The notices to the respondent and the complainant shall also advise them of the date, time, and place of the meeting to determine the sufficiency of the complaint and to establish whether probable cause exists to proceed. (c) Upon not less than 48 homy' public notice, the Commission shall meet to review the sufficiency of the complaint and, if the complaint is deemed sufficient to allege a violation of this Ordinance, to determine whether there is probable cause, based on the evidence presented by the complainant, to proceed. The meeting may be closed to the public to the extent authorized by the Open Meetings Act. The Commission shall issue notice to the complainant and the respondent of the Commission's ruing on the sufficiency of the complaint and, if necessary, on probable cause to proceed within 7 business days after receiving the complaint. If the complaint is deemed sufficient to allege a violation of Article 10 of this Ordinance and there is a determination of probable cause, then the Commission's notice to the parties shall include a hearing data scheduled within 4 weeks after the complaint's receipt. Alternatively, the Commission may elect to notify in writing the attorney designated by the corporate authorities to prosecute such actions and request that the complaint be adjudicated judicially. If the complaint is deemed not sufficient to allege a violation or if there is no determination of probable cause, then the Commission shall send by certified mail, return receipt requested, a notice to the parties of the decision to dismiss the complaint, and that notice shall be made public. If the complaint is deemed sufficient to allege a violation of Article 5 of this Ordinance, then the Commission shall notify in writing the attorney designated by the corporate authorities to prosecute such actions and shall transmit to the attorney the complaint and all additional documents in the custody of the Commission concerning the alleged violation. (d) On the scheduled date and upon at least 48 hours' public notice of the meeting, the Commission shall conduct a hearing on the complaint and shall allow both parties the 9 I opportunity to present testimony and evidence. The hearing may be closed to the public only if authorized by the Open Meetings Act. (e) Within 30 days after the date the hearing or any recessed hearing is concluded, the Commission shall either (i) dismiss the complaint or (ii) issue a recommendation for discipline to the alleged violator and to the [chief executive officer or other of cer having authority to discipline the of or employee], or impose a fine upon the violator, or both. The particular findings in the case, any recommendation for discipline, and any fine imposed shall be a matter of public information. (f) If the hearing was closed to the public, the respondent may file a written demand for a public hearing on the complaint within 7 business days after the issuance of the recommendation for discipline or imposition of a fine, or both. The filing of the demand shall stay the enforcement of the recommendation or fine. Within 14 days after receiving the demand, the Commission shall conduct a public hearing on the complaint upon at least 48 hours' public notice of the hearing and allow both parties the opportunity to present testimony and evidence. Within 7 days thereafter, the Commission shall publicly issue a final recommendation to the alleged violator and to the [chief executive officer or other off cer having authority to discipline the of or employee] or impose a fine upon the violator, or both. (g) If a complaint is filed during the 60 days preceding the date of any election at which the respondent is a candidate, the Commission shall render its decision as required under subsection (e) within 7 days after the complaint is filed, and during the 7 days preceding that { election, the Commission shall render such decision before the date of that election, if possible. (h) The Commission may fine any person who intentionally violates any provision of Article 10 of this Ordinance in an amount of not less than $ 1 ,001 and not more than $5,000. The Commission may fine any person who knowingly files a frivolous complaint alleging a violation of this Ordinance in an amount of not less than $ 1 ,001 and not more than $5,000. The Commission may recommend any appropriate discipline up to and including discharge. (i) A complaint alleging the violation of this Act must be filed within one year after the alleged violation. ARTICLE 25 PENALTIES Section 25- 1 . Penalties. (a) Aperson who intentionally violates any provision of Article 5 of this Ordinance may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than 364 days, and may be fined in an amount not to exceed $2,500. (b) A person who intentionally violates any provision of Article 10 of this Ordinance is 10 subject to a fine in an amount of not less than $ 1 ,001 and not more than $5 ,000. (c) Any person who intentionally makes a false report alleging a violation of any provision of this Ordinance to the local enforcement authorities, the State's Attorney or any other law enforcement official may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than 364 days, and may be fined in an amount not to exceed $2,500. (d) A violation of Article 5 of this Ordinance shall be prosecuted as a criminal offense by an attorney for the [name of entity] by filing in the circuit court an information, or sworn complaint, charging such offense. The prosecution shall be under and conform to the rules of criminal procedure. Conviction shall require the establishment of the guilt of the defendant beyond a reasonable doubt. A violation of Article 10 of this Ordinance may be prosecuted as a quasi-criminal offense by an attorney for the [name of entity], or, if an Ethics Commission has been created, by the Commission through the designated administrative procedure. (e) In addition to any other penalty that may be applicable, whether criminal or civil, an officer or employee who intentionally violates any provision of Article 5 or Article 10 of this Ordinance is subject to discipline or discharge. SECTION 2 : This Ordinance shall be in effect upon its passage, approval and publication [if requirecf] as provided by law. I II I 11 E.D C/Py Reviewed By: Agenda Item Number I 9 t_ O� Legal El NB "# W EST. "– Finance.L ., leas F1 — Engineer El Tracking Number 8 y City Administrator ❑ ", ®�Q Consultant ❑ �{ aOoll <CE F-1 Agenda Item Summary Memo Title: Department Head Hiring Process Meeting and Date• Administration Committee–August 24,2009 Synopsis: Addresses a disparity between State law and local ordinance. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Brendan McLaughlin Administration Name Department Agenda Item Notes: I Memorandum J= a � . To: Mayor Burd and City Council EST. _. 1836 From : Brendan McLaughlin, City Administrator Ia i Date : August 20, 2009 �w Subject: Department Head Hiring Process <4E This agenda item seeks to address a disparity between state statute and Resolution 2006-41 as it relates to the appointment of municipal officers. The state statute authorizes the Mayor to make the appointment of Municipal Officers with the advise and consent of the City Council. The resolution calls for specific processes to be followed by the Mayor in making his or her selection . The City Attorney has advised that the City Council does not have the statutory authority to dictate a process to be followed by the Mayor in selecting a candidate for appointment. As a result, it is recommended that Resolution 2006-41 be repealed and the Municipal Code be amended to comply with State Statute . BMcL:pbo l II ( 65 ILCS 5 /Art . 3 . 1 Div . 30 heading ) DIVISION 30 . APPOINTED OFFICERS IN ALL MUNICIPALITIES II ( 65 ILCS 5 / 3 . 1 - 30 - 5 ) ( from Ch . 24 , par . 3 . 1 - 30 - 5 ) Sec . 3 . 1 - 30 - 5 . Appointed officers in all municipalities . ( a ) The mayor or president , as the case may be , by and with the advice and consent of the city council or the board of trustees , may appoint ( 1 ) a treasurer ( if the treasurer is not an elected position in the municipality ) , ( 2 ) a collector , ( 3 ) a comptroller , ( 4 ) a marshal , ( 5 ) an attorney or a ', corporation counsel , ( 6 ) one or more purchasing agents and deputies , ( 7 ) the number of auxiliary police officers determined necessary by the corporate authorities , ( 8 ) police matrons , ( 9 ) a commissioner of public works , ( 10 ) a budget director or a budget officer , and ( 11 ) other officers necessary to carry into effect the powers conferred upon municipalities . (b ) By ordinance or resolution to take effect at the end of the current fiscal year , the corporate authorities , by a two-thirds vote , may discontinue any appointed office and devolve the duties of that office on any other municipal officer . After discontinuance , no officer filling the office ',, before its discontinuance shall have any claim against the municipality for salary alleged to accrue after the date of discontinuance . ( c ) Vacancies in all appointed municipal offices may be filled in the same manner as appointments are made under ', subsection ( a ) . The city council or board of trustees of a municipality , by ordinance not inconsistent with this Code , may prescribe the duties , define the powers , and fix the term of office of all appointed officers of the municipality ; but the term of office , except as otherwise expressly provided in this Code , shall not exceed that of the mayor or president of the municipality . ( d ) An appointed officer of a municipality may resign from his or her office . If an appointed officer resigns , he or she shall continue in office until a successor has been chosen and has qualified . I £ there is a failure to appoint a municipal ', officer , or the person appointed fails to qualify, the person filling the office shall continue in office until a successor '.. has been chosen and has qualified . If an appointed municipal officer ceases to perform the duties of or to hold the office by reason of death , permanent physical or mental disability , conviction of a disqualifying crime , or dismissal from or abandonment of office , the mayor or president of the '.. municipality may appoint a temporary successor to the officer . ( Source : P . A . 94 - 984 , off . 6 - 30 - 06 . ) MUNICIPALITIES (65 ILCS 51) Illinois Municipal Code. ( 65 ILCS 5 /Art . 3 . 1 Div . 35 heading )'' DIVISION 35 . FUNCTIONS AND DUTIES OF CERTAIN MUNICIPAL OFFICERS '. ( 65 ILCS 5 / 3 . 1 - 35- 10 ) ( from Ch . 29 , par . 3 . 1 - 35 - 10 ) Sec . 3 . 1 -35 - 10 . Mayor or president ; removal of appointed officer . Except where otherwise provided by statute , the mayor ', or president may remove any officer appointed by the mayor or president under this Code , on any written charge , whenever the mayor or president is of the opinion that the interests of the municipality demand removal . The mayor or president shall report the reasons for the removal to the corporate authorities at a meeting to be held not less than 5 nor more ',.. than 10 days after the removal . If the mayor or president fails or refuses to report to the corporate authorities the reasons for the removal , or if the corporate authorities by a two- thirds vote of all 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 . The vote shall be by yeas and nays , which shall be entered upon the journal of the corporate authorities . Upon restoration , the officer shall give a new bond and take a new oath of office . No officer shall be removed a second time for the same offense . ', ( Source : P . A . 87 - 1119 . ) I STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) I RESOLUTION NO. 2006- RESOLUTION ADOPTING A HIRING PROCESS FOR CERTAIN SALARIED MANAGEMENT EMPLOYEES (City Administrator, Police Chief, Director of Parks and Recreation, '.. Finance Director, City Engineer, Public Works Director, Community Development Director, and Community Relations Director) WHEREAS, the City Council of the United City of Yorkville has considered and discussed establishing a policy concerning a hiring process for certain salaried management employees, and WHEREAS, the City Council has determined that it desires to establish such a policy, and WHEREAS, the text of the policy the City Council now desires to establish concerning a hiring process for certain salaried management employees is set forth on the attached Exhibit "A" which is incorporated herein, and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, the Hiring Process for Certain Salaried Management Employees is hereby approved by the City Council of the United City of Yorkville in the form set forth on Exhibit "A" attached hereto and incorporated herein. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER 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. 2006. I MAYO Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this c) :5 day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 i I EXHIBIT " A " j Hiring Process It is the goal of the United City of Yorkville to recruit and hire the best qualified candidate who meets the City's qualifications and needs. These individuals will be hired based on qualifications only with no consideration given to race, creed, religion, political affiliation, or national origin. 1 . CITY ADMINISTRATOR, POLICE CHIEF, DIRECTOR OF PARKS AND RECREATION. These positions shall be filled using a recruitment firm. The process will be as follows: A. City Council selects a recruitment firm. B. Recruitment firm advertises and collects resumes. C. Recruitment firm meets with Council, Park Board, or appropriate Committee to select candidates for interviews. D. Interviews are held and a recommendation is made to the Mayor. E. Mayor conducts interviews and makes selection. F. Appointment made for Council's consent and job offer is made. 2. FINANCE DIRECTOR, CITY ENGINEER, PUBLIC WORKS' DIRECTOR, COMMUNITY DEVELOPMENT DIRECTOR, AND COMMUNITY RELATIONS DIRECTOR A. HR Department advertises position and collects resumes. B. Resumes are reviewed by the City Administrator and HR Department. C. Resumes are presented to appropriate committee with recommendations. D. Applicants to be interviewed are selected. E. Interviews are held by committee with assistance and advice from outside professional or professionals. F. Committee recommendation made to Mayor. G. Mayor holds interviews and makes selection. H. Mayor presents candidate to Council for consent. I. Job offer is made. 1 -6- 1 1 6 1 CHAPTER MUNICIPAL OFFICERS AND EMPLOYEES SECTION : 1 -6- 1 : Municipal Officers 1 -6- 2 : Removals From Office ; Vacancies 1 -6- 3: Oath Of Office 1 -6- 4: Bonds 1 -6- 5: Salaries 1 -6- 6: Duties 1 -6- 7: Illinois Municipal Retirement Fund 1 -6- 8: Conflict Of Interest 1 -6- 9: City Departments 1 -6- 10: Indemnification Of City Officials I 1 -6- 1 : MUNICIPAL OFFICERS: A. Appointive Officers : At the first meeting of the fiscal year after the election of the mayor meeting , the mayor by and with the advice and consent of the city council shall appoint the following officers: city administrator, director of finance, director of public works , chief of police , director of parks and recreation , building inspector/zoning officer, city engineer, city attorney, budget officer. Each appointment shall run until the removal from office of the officer (see section 1 -6-2 of this chapter) , or until the appointment of a new officer to the office . If any officer is under contract with the city , the term of office in the contract shall control , however, the duration of any contract of employment for an officer shall not extend beyond the term of the mayor. (Ord . 2006-30, 3-28-2006) B. Elected Officials : The annual election for four (4) aldermen , mayor, city treasurer and city clerk shall be held on the first Tuesday of April in each odd numbered year. Said aldermen shall hold their offices for the terms of four (4) years and until their successors are elected and qualified . ( RO 1882 , Ord. , 12- 19- 1881 ; amd . 1994 Code) July 2008 City of Yorkville 1 -6- 1 1 -6-3 All elected municipal officers shall commence their term at the first regular or special meeting of the corporate authorities during the month of May following such election . (Ord . 2000-54, 10-26-2000) 1 -6-2 : REMOVALS FROM OFFICE; VACANCIES : A. Removals From Office: Any officer appointed by the mayor with the advice and consent of city council may, at any time , be removed from office by the mayor or a vote of two-thirds (Z/3) of all the 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 interests of the city require 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 stand suspended from office until the same have been finally disposed of by the city council and during such suspension the powers, duties and compensation of such officer shall also be suspended . B. Vacancies In Office : Whenever there shall be a vacancy in any of the offices provided for by this chapter, or that may hereafter be provided for by any ordinance , by reason of resignation , removal or otherwise , the mayor, with the advice and consent of the city council, shall fill such vacancy at the next stated meeting thereof, unless the interests of the city should sooner require , and in that case a special meeting may be called to fill said vacancy. (RO 1882 , Ord. , 12- 19- 1881 ; amd . 1994 Code) 1 -6-3: OATH OF OFFICE: Every officer appointed or elected by the city council shall , within ten ( 10) days or the first regularly scheduled city council meeting date after his said election or appointment and before entering upon the duties of his office , take and subscribe the following oath or affirmation : State of Illinois ) Kendall County ) ss United City of the Village of Yorkville ) July 2008 City of Yorkville 1 -6-3 1 -6-5 I do solemnly swear (or affirm, as the case may be), that I will support the Constitution of the United States, and the Constitution of the State of Illinois, and that I will faithfully discharge the duties of the office of according to the best of my ability. (RO 1882 , Ord . , 12- 19- 1881 ; amd. 1994 Code) 1 -6-4: BONDS : The city clerk, city treasurer, chief of police and such other officers as the city council may designate , shall , within ten ( 10) days after their appointment or election to their respective offices, give bonds to the city with such security as the council may approve of and in such sums as the council may fix and require, conditioned that they will faithfully and honestly perform the duties of their respective offices according to law and the ordinances of the city, and that they will justly and fairly account for and pay over all monies that may come to their hands under any process or otherwise by virtue of their offices, and, when approved, the said bonds shall be delivered to the city clerk for safekeeping , except the bond of the clerk which shall be filed with the city treasurer; provided that the council may, at any time , require any of said officers to give additional security and increase the penal amounts of their bonds . ( RO 1882 , Ord . , 12- 19- 1881 ) 1 -6-5: SALARIES: A. Officials; Annual Salaries : 1 . Mayor: Eight thousand five hundred dollars ($8 ,500.00) (includes $ 1 ,000.00 liquor control commissioner) plus one hundred dollars ($ 100. 00) for each city council meeting attended . 2. Aldermen: Three thousand six hundred dollars ($3 , 600.00) (all aldermen) plus one hundred dollars ($ 100. 00) for each city council meeting attended . 3. City clerk: Three thousand six hundred dollars ($3,600 .00) plus one hundred dollars ($ 100 .00) for each city council meeting attended . 4. Treasurer: Three thousand six hundred dollars ($3, 600 .00) plus one hundred dollars ($ 100 .00) for each city council meeting attended . July 2008 City of Yorkville i i 1 -6-5 1 -6-7 5. Deputy clerk: Two thousand nine hundred dollars ($2,900.00) . 6. Deputy treasurer: Two thousand nine hundred dollars ($2,900 .00) . If there is a "special" city council meeting called , there is an additional thirty five dollars ($35 .00) to the mayor, city clerk, treasurer and each alderman attending . B. Date Of Payment Of Municipal Compensation: Elected officials shall be paid on the following days of each fiscal year: 1 . April 30 (quarterly payment for 1/4 year salary) . 2 . July 31 (quarterly payment for 1/4 year salary) . 3. October 31 (quarterly payment for '/4 year salary) . 4. January 31 (quarterly payment for 1/4 year salary) . (Ord. 2008-03, 1 -22-2008) 1 -6-6: DUTIES : A. Books And Records To Successor: Each and every officer of the city appointed or elected by the city council or by the people, on his resignation , removal from office or the expiration of his term of office, shall deliver up to his successor, to the mayor or city council , all books , maps , charts, papers , documents or other property belonging to the city and pertaining to his office ; and any such officer refusing to deliver up the same or any portion thereof when required shall be subject to a penalty as provided in section 1 -4- 1 of this title. B. Additional Duties: All appointive officers of the city shall , in addition to the duties prescribed in this chapter, perform such other duties as may be required of them by ordinance, resolution or order of the city council . (RO 1882, Ord. , 12- 19- 1881 ; amd . 1994 Code) 1 -6-7: ILLINOIS MUNICIPAL RETIREMENT FUND: The city does hereby elect to participate in the Illinois municipal retirement fund , effective January 1 , 1973. (Ord. 1972-27, 10- 12- 1972) July 2008 City of Yorkville ♦��O C/py Reviewed By: Agenda Item Number J2 0 Legal El �Pi 1f5 leas Finance F-1 Engineer El�- g Tracking Number 4 City Administrator ❑ In!n Sf —J. �O Consultant ❑ H DM aoog -, 15 ❑ �`E �VV Agenda Item Summary Memo Title: Discussion on Procedures Re: Aldermen Addressing Committees and Staff on Ward Issues and Policies Meeting and Date: Administration–8/24/09 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Alderman Gilson Name Department Agenda Item Notes: Meghan Gehr From: Robyn Sutcliff [robyn3rdward @sbcglobal.net] Sent: Friday, July 17, 2009 10:42 PM To: Meghan Gehr Subject: additions to admin Please add these items to the Admin agenda for August. They were suggested by Alderman Gilson. 1 ) Staff and committee recommendations as it pertains to the comp plan. 2) Action via a policy vote by the council to enact a pro-active budgetary review and adjustment on a more regular basis. 3) I would like to discuss a consistent procedure for addressing committees and staff on issues related to our wards and policies. 4) Our new policy stating that we cannot ask questions at City Council meetings related to line item approval. i `�fpD C/j y Reviewed By: Agenda Item Number J O� Legal ❑ &B#CO Finance ❑ -� Engineer E)-�` Tracking Number I Lei f°l y City Administrator ❑ St 0 Consultant ❑❑ � .�009_l LO <tE \4 Agenda Item Summary Memo Title: Staff and Committee Recommendations Regarding the Comprehensive Plan Meeting and Date: Administration- 8/24/09 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Alderman Gilson Name Department Agenda Item Notes: Meghan Gehr From: Robyn Sutcliff [robyn3rdward @sbcglobal .net] Sent: Friday, July 17, 2009 10:42 PM To: Meghan Gehr Subject: additions to admin Please add these items to the Admin agenda for August. They were suggested by Alderman Gilson. 1 ) Staff and committee recommendations as it pertains to the comp plan. 2) Action via a policy vote by the council to enact a pro-active budgetary review and adjustment on a more regular basis. 3) I would like to discuss a consistent procedure for addressing committees and staff on issues related to our wards and policies. 4) Our new policy stating that we cannot ask questions at City Council meetings related to line item approval. i �"C"D C/Ty Reviewed By: Agenda Item Number J� 6, 0 Legal ❑ NB -7 EST. Ant i 1836 Finance ❑ Engineer ❑ Tracking Number O Iii City Administrator El S1 J. Consultant ❑❑ A-1..� o?coGj_/A'7 <LE �y Agenda Item Summary Memo Title: Discussion on Policy Re: Questioning of Budget Line Items at City Council Meetings Meeting and Date: Administration—8/24/09 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Alderman Gilson Name Department Agenda Item Notes: Meghan Gehr From : Robyn Sutcliff [robyn3rdward @sbcglobal.net] Sent: Friday, July 17, 2009 10:42 PM To: Meghan Gehr Subject: additions to admin Please add these items to the Admin agenda for August. They were suggested by Alderman Gilson. 1 ) Staff and committee recommendations as it pertains to the comp plan. 2) Action via a policy vote by the council to enact a pro-active budgetary review and adjustment on a more regular basis. 3) I would like to discuss a consistent procedure for addressing committees and staff on issues related to our wards and policies. 4) Our new policy stating that we cannot ask questions at City Council meetings related to line item approval. t `QED C/P Reviewed By: Agenda Item Number Legal ❑ 8 Finance ES l If7 sas F-1 T. Engineer ❑ Tracking Number .4 L�- h City Administrator ❑ Consultant ❑ it� a�Oq-LIg 1,E W��'�� ❑ Agenda Item Summary Memo Title: Policy to Enact a Regular City Council Budget Review and Adjustment Meeting and Date: Administration—8/24/09 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: II Submitted by: Alderman Gilson Name Department Agenda Item Notes: i Meghan Gehr From: Robyn Sutcliff [robyn3rdward @sbcglobal.net] Sent: Friday, July 17, 2009 10:42 PM To: Meghan Gehr Subject: additions to admin Please add these items to the Admin agenda for August. They were suggested by Alderman Gilson. 1 ) Staff and committee recommendations as it pertains to the comp plan. 2) Action via a policy vote by the council to enact a pro-active budgetary review and adjustment on a more regular basis. 3) I would like to discuss a consistent procedure for addressing committees and staff on issues related to our wards and policies. 4) Our new policy stating that we cannot ask questions at City Council meetings related to line item approval. i