Ordinance 2006-133 STATE OF ILLINOIS )
ss
COUNTY OF KENDALL )
ORDINANCE NO. 2006- 13 3
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, 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 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
Generally
A. City Council Meetings shall be regularly scheduled to convene on the 2 " and 4th
Tuesday's of each month at 7:00 PM 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)
G. 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)
H. 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)
I. May, upon the request of any two aldermen present, defer a report of a committee
to the next regular meeting of the Council.
J. 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.
K. 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.
L. 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)
M. 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.
N. Shall elect from one of the Aldermen as Mayor Pro Tem pursuant to the Mayor
Pro Tern Policy of the United City of Yorkville, attached hereto.
Mayor
A. Shall preside at every regular Council meeting fulfilling the normal and
customary functions of the chairman of the meeting; in his absence the elected
mayor - pro -tem shall preside. At ad hoc committee meetings of the Council, the
chairman of the committee shall preside.
B. Shall preserve order and decorum, may speak to points of order in preference to
aldermen, and shall decide all questions of order, subject to appeal. In the case of
disorderly conduct, the mayor shall have the power to request that the Council
Chambers be cleared.
C. Shall appoint the City Attorney to be parliamentarian of the Council.
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, and Economic
Development Committees.
B. Shall have their meetings incorporated into the Committee of the Whole meetings
of the City Council, and be placed on the COW agenda in the following manner:
1. Public Safety and Administration on the First Tuesday of each month as
needed;
2. Economic Development and Public Works on the Third Tuesday of each
month as needed;
C. Shall be presided over by its chairman, who will conduct the business of the
meeting, then adjourn and yield the floor back to the Mayor, who presides over
the COW meetings.
D. Shall include all members of the City Council, including the Mayor. The Mayor
is a non - voting member of each committee.
E. Shall have four chairmen and four vice - chairmen who will serve one -year terms.
No alderman shall hold two such positions at the same time, ensuring that all
aldermen shall hold one such position. Chairmen shall, following each election,
be selected according to seniority on the City Council, with the four longest -
serving alderman offered, in turn according to seniority, their choice of the
chairmanships, and the four minority members, by the same method, offered their
choice of vice - chairmanships. At the conclusion of the year, the vice chairmen
shall assume the chairmanship of their committees, with the former chairmen
moving into vice chairmanship positions on new committees in the following
manner: Public Safety to Economic Development; Economic Development to
Administration; Administration to Public Works; Public Works to Public Safety. .
F. Shall have the sole power to assign liaisons to those city organizations that fall
under that committee's specific area of business listed in the City Council agenda
as follows:
Public Works: Park Board, YBSD
Economic Development Chamber of Commerce, Kendall County Econ.
Dev., Plan Commission, Bristol Plan Comm.
Yorkville Econ. Dev. Corp., Aurora Area Conv.
& Tourism Council, Downtown Re- development
Public Safety Human Resource Comm., School District,
KenCom
Administration Metra, Library, Cable Consortium
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:
JAMES BOCK JOSEPH BESCO
VALERIE BURD PAUL JAMES
DEAN WOLFER , MARTY MUNNS
ROSE SPEARS JASON LESLIE
J
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this 1!�f -_ Day of N O E JL4 6EC- , A.D. 2006.
MAYO
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this �� day of A.D. 2006.
/� P(�
&
`6 ATTEST: �/'
CITY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
C � r �
United City of Yorkville
r 800 Game Farm Road
EST 1836 Yorkville, Illinois 60560
0 I ° o w Telephone: 630 - 553.4350
�c " `� Fax: 630-553-7575
<LE
AGENDA
CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
7:00 PM
Date
Call to Order: 7:00 p.m.
Pledge of Allegiance:
Roll Call by Clerk: WARD I WARD II WARD III WARD IV
Paul James Valerie Burd Marty Munns Joe Besco
Jason Leslie Dean Wolfer James Bock Rose Ann Spears
Establishment of Quorum:
Introduction of Guests:
Amendments to Agenda:
Committee Meeting Dates:
Public Works Committee Meeting_: Ad -hoc: Technologv Committee
7:00 p.m., Date 6:30 p.m., Date
City Hall Conference Room City Hall Conference Room
Economic Development Committee:
7:00 p.m., Date
City Hall Conference Room
Administration Committee Meeting:
6:30 p.m., Date
City Hall Conference Room
Public Safetv Committee Meeting_:
6:30 p.m., Date
City Hall Conference Room
Presentations:
City Council Meeting Agenda
Date
Page 2
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Public Hearings:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Citizen Comments:
Consent Agenda:
Plan Commission / Zoning Board of Appeals:
Minutes for Approval (Corrections and Additions):
Minutes of City Council —
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:
Citv Council Report:
Citv Attornev's Report:
Citv 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:
Community Development Director Report:
Communitv & Liaison Report:
City Council Meeting Agenda
Date
Page 3
Committee Reports:
Public Works Committee Report:
Economic Development Committee Report:
Public Safetv Committee Report:
Administration Committee Report:
Additional Business:
Executive Session:
Adjournment:
COMMITTEES, MEMBERS AND RESPONSIBILITIES
---------------------------------------
PUBLIC WORKS
__ ___________- --------------- ------ ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Committee Departments Liaisons
Chairman: Alderman Besco Water and Sewer Park Board
Committee: Alderman Munns Streets and Alleys YBSD
Committee: Alderman Wolfer Sanitation and Waste
Committee: Alderman James
------- --------------------- ------------------------
�E--ONOMIC DEVELOPMEN
Committee Departments Liaisons
Chairman: Alderman Munns Planning & Building & Zoning Chamber of Commerce
Committee: Alderwoman Burd Business & Economic Dev. Kendall County Econ. Dev.
Committee: Alderman Besco Plan Commission
Committee: Alderman Leslie Bristol Plan Commission
Yorkville Econ. Dev. Corp.
Aurora Area Convention &
Tourism Council
- -
Downtown Re- development
-------------------------------- - - - - -
PUBLIC SAFET
Committee Departments Liaisons
Chairman: Alderwoman Spears Police Human Resource Comm.
Committee: Alderman Wolfer Schools School District
Committee: Alderman Leslie Public Relations KenCom
Committee: Alderman Bock
City Council Meeting Agenda
Date
Page 4
COMMITTEES, MEMBERS AND RESPONSIBILITIES (con't)
------- ------------------------------
ADMINISTRAT16i
--
- De part me nts ------------------- --------------------------------------------- ---- --------`- --- --- --- ---------------------------------------------------- fi --- s ---------------------------------------------
Chairman: Alderman James Finance Metra.
Committee: Alderwoman Spears Public Properties Library
Committee: Alderwoman Burd Personnel Cable Consortium
Committee: Alderman Bock
--------- --- ---------- - ------------------ -
!AD -HO - --- TECHNOLO----
--------------------------------------------------------------------------------------------------------------------------------------------------------
Committee
Co-Chairman: Alderman Wolfer
Co-Chairman: Alderman Bock
•��° �''�' United City of Yorkville
i -._. Mayor Pro Tem Policy — Approved 2/22/05
Mr. 1636
0
u
M LLE
MAYOR PRO TEM.
(A) There is created the office of Mayor Pro Tem for the City.
(B) In the event of a temporary absence, or a disability causing the Mayor of the City to
be incapacitated from the performance of his duties, but which by law does not create a vacancy
in the office 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 -