Ordinance 2009-27 i
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STATE OF ILLINOIS )
ss.
COUNTY OF KENDALL )
Ordinance No. 2009 -
AN ORDINANCE AMENDING AND RESTATING THE
GOVERNING ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS
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WHEREAS, the City Council of the United City of Yorkville first passed a
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Governing Ordinance, on June 27, 2006 as Ordinance 2006 -58, subsequently passed
amendments to the Governing Ordinance, on November 14, 2006 as Ordinance 2006-
133, on June 26, 2007 as Ordinance 2007 -49, July 10, 2007 as Ordinance 2007 -50, July
24, 2007 as Ordinance 2007 -53, on January 22, 2008 as Ordinance 2008 -02, on April 22,
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2008 as Ordinance 2008 -27, on June 24, 2008, as Ordinance 2008 -58A, on September 23,
2008, as Ordinance 2008 -84, and on March 24, 2009 as Ordinance 2009 -16, and intends
to amend said Ordinance and restate it in its entirety, by this Ordinance rendering this as
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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,
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WHEREAS, in keeping with this right, the City Council has adopted Roberts
Rules of Order to outline the procedure to be followed during meetings and to regulate
the actions of Council members and the public in attendance at such meetings; and,
WHEREAS, the Council has determined that, to further ensure the orderly flow
of information presented at its meetings and to protect the integrity of all in attendance at
such meetings, it requires an additional written policy to clarify and amend Roberts
Rules; and
WHEREAS, the Council has undertaken to compile a list of ethical standards for
City elected officials which the Council wishes to be included in its written policy; and,
WHEREAS, the Council also has determined that it is in the best interests of all
members of the City Council and the residents of the United City of Yorkville that said
policy should include guidelines that clarify the duties and rights of aldermen and the
mayor as elected officials of the United City of Yorkville; and,
WHEREAS, the Council also requires said policy to officially establish standing
committees of the Council and to outline procedures for the organization of said
committees, including the selection of membership and chairmen of said committees, so
that membership and chairmanship shall be unbiased and non - partisan, and offer all
aldermen an equal opportunity to understand City business.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of
the United City of Yorkville, Kendall County, Illinois, that the following shall constitute
the Governing Ordinance for the United City of Yorkville:
Governing Ordinance, United City of Yorkville
Addressing:
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Ethical Standards — Elected Officials' Duties and Responsibilities,
Meeting Standards and Committee Structure
I.
Ethical Standards — Elected Officials of the United City of Yorkville:
A. Shall obey the Constitution and laws of the United States, of the State of Illinois,
and the United City of Yorkville.
B. Shall be dedicated to the concepts of effective and democratic local government.
C. Shall strive to be trustworthy and to act with integrity and moral courage on
behalf of one's constituents, so as to maintain public confidence in City
government and in the performance of the public trust.
D. Shall make impartial decisions, free of bribes, unlawful gifts, narrow special
interests, or financial or other personal interests.
E. Shall not invest or hold any investment, directly or indirectly, in any financial
business, commercial or other private transaction that creates a conflict with
official duties.
F. Shall extend equal opportunities and due process to all parties in matters under
consideration.
G. Shall recognize that the chief function of local government is at all times to serve
the best interests of the residents of the United City of Yorkville.
H. Shall work to keep the community informed on municipal affairs, encourage
communication between residents and municipal officers; emphasize friendly and
courteous service to the public; and seek to improve the quality and image of
public service.
I. Shall work to assure that government is conducted openly, efficiently, equitably,
and honorably in a manner that permits residents to make informed judgments and
hold City officials accountable.
J. Shall show respect for persons, confidences and information designated as
"confidential ".
K. Shall refrain from taking any official action that would censure any other elected
official, unless such member has been found guilty of a legal offense that would
require such action by the City Council.
L. Shall, when representing the City, act and dress in a manner appropriate for the
function.
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M. Shall refrain from using city computers, the city server, etc. for political purposes.
Elected officials are subject to the same rules of behavior that apply to Council
meetings, including refraining from making personal attacks against their fellow
Council members, or defaming them in any way. The server and computers are to
be used to disseminate information, not political propaganda.
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 ivin direction to an city employee. Polic is created b the
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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 ILCS 5/3.1- 35 -10)
B. Shall be a non - voting member of all standing committees.
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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 °a and 0 1
Tuesday's of each month at 7:00 p.m. in the City Hall Council Chambers.
B. City Council Meetings shall be generally conducted according to the agenda
template attached hereto.
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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,
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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.
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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.
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Aldermen
A. Shall have the right to place an item on any committee meeting agenda for
discussion. Shall have the right to place an item on any Council meeting agenda
with the consent of three (3) aldermen. Shall have the right to vote to suspend the
rules of order (regarding the order of discussion) to provide for an open
discussion.
B. Shall, before speaking at a meeting, first be recognized by the presiding officer,
and shall address all remarks to the presiding officer, without a response from the
presiding officer.
C. May not move to end debate before every alderman who wishes to speak to an
agenda item has had the opportunity to do so. A motion to end debate, or "call
the question" shall require a two - thirds vote. (Roberts Rules (RONR (10 "'
Edition) page 189, Section 16) j
D. May appeal a ruling by the Mayor to the Council as a whole. A majority vote can
overturn the Mayor's ruling. (Roberts Rules (RONR (10` Edition) page 247,
Section 24)
E. May, by a two - thirds majority vote, expel a fellow alderman from a meeting for
cause, but may not do so for the same cause a second time. (65 ILCS 3.1- 40 -15)
F. May, upon the request of any two aldermen present, defer a report of a committee
to the next regular meeting of the Council.
G. Shall, during a meeting, have the option to be the first and last speaker on an item
if he or she has placed the item on the Council agenda.
H. Shall, after being appointed as a liaison to another city organization, be
responsible for keeping all Council members informed of that organization's
significant activities.
I. Shall limit their remarks to the question under debate. To this end, aldermen must
never attack or make. any allusion to the motives of aldermen. (RONR (1 01h
Edition) page 41, line 31)
J. May, before voting, participate in a special meeting to review nominees that the
mayor appoints when the appointment is either to fill a vacancy in an elective or
appointed office that requires the advice and consent of the City Council.
K. Shall elect from one of the Aldermen as Mayor Pro Tem pursuant to the Mayor
Pro Tem Policy of the United City of Yorkville, attached hereto.
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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. The mayor shall, immediately after stating the item under discussion,
ask the alderman who has requested an item to be placed on the agenda if he or
she wishes to introduce the item or the applicable Committee Chairman if no
particular alderman has requested that the item be placed upon the agenda. The
mayor shall recognize this alderman as the last one to speak to the item if the
alderman requests to do so.
E. Shall recognize each alderman wishing to speak to an agenda item in turn,
rotating different sides of the question, pro and con, as much as possible. He shall
give preference first to an alderman who has placed the item under discussion on
the Council's agenda.
F. Shall insure that any information he makes available to aldermen on an agenda
item is given to all aldermen in the same timely fashion, so that all aldermen can
make informed decisions. It is the mayor's responsibility to insure that any item
brought to the mayor's attention that pertains to a project or problem in a City
Ward should be brought immediately to the attention of that Ward's two
aldermen.
G. Shall not vote on any ordinance, resolution or motion except: i. When the vote of
the alderman has resulted in a tie; ii. When one -half of the aldermen elected have
voted in favor of an ordinance, resolution or motion even though there is not tie;
and iii. When a vote greater than a majority of the corporate authorities is
required.
(65 ILCS 5/3.1- 40 -30)
IV.
The Standing Committees of the City Council:
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I. Shall include the Public Works, Public Safety, Administration, and Economic
Development Committees.
II. The Public Works, Public Safety, Administration, and Economic
Development Committees shall include four members (one from each ward) of
the City Council, including the Mayor. The Mayor is a non - voting member of
each committee.
III. Shall be presided over by its chairman, who will conduct the business of the
meeting. In the absence of the chairman, the vice - chairman shall conduct the
business of the meeting. Chairman and vice - chairman shall serve two year
appointments. Chairs, vice - chairs, and committee rosters shall be filled through
the following process:
A. For the Public Works, Public Safety, Administration, and Economic
Development committees: after each election, the four committee
chairmanships shall be vacated. The four vice - chairmen shall each select j
a committee to chair, with the most senior alderman having the first
selection and progressing to the next most senior alderman, and so on.
After the chairmanships have been selected, the four non - chaired aldermen
shall each select a committee to vice - chair, with the most senior alderman
having the first selection, and progressing to the next most senior
alderman, and so on. In the same order in which chairmanships and vice -
chairmanships are selected, the committee rosters shall be filled
(committee chairs pick second committee first, vice chairman pick second
committee after the chairman pick their committee).
i. Should an incumbent alderman be defeated in an election, the
incoming alderman shall be placed in the group of four "non-
chaired" alderman that will select a vice -chair role in a committee.
Subsequently, the most senior alderman of the "non- chaired"
group shall be allowed to retain a committee chair for a
consecutive year, but will select last in the group of aldermen who
are selecting the committee chairs for the upcoming term. In the
event there is more than one incumbent alderman allowed to serve
consecutive committee chairs, those aldermen shall select
committee chairs in order according to seniority, but after the
group of alderman who have not served- consecutive committee
chairs have selected.
ii. Should there be a vacancy in the office of an alderperson, the
alderperson appointed to such vacancy shall take the committee
position held by his or her predecessor; provided, however, if the
position of said predecessor was that of committee chair, the vice
chair of the committee shall assume the office of "acting chair"
and the new alderperson shall become the vice - chair. The acting
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chair shall complete the term of the chair which was vacated and
retain eligibility for a committee chairmanship for the next
succeeding term.
IV. Shall control the movement of items from committee agendas to City Council
agendas. Items may not move out of committee but for a vote of approval by a
majority of the quorum present. When passing items out of committee, where the
committee reasonably believes that if the items are approved by the City Council,
the impacts of that approval could significantly impact many residents, the item
should first be listed on the City Council agenda under the committee report
section and listed as being for first reading. The City Council at its discretion
may waive a first reading if they deem it desirable. -Items for first reading are
intended to give notice to the public that a substantial change is being
contemplated and the City Council will be taking input and considering the item
at their next scheduled City Council meeting. For items forwarded to the City
Council which are not expected to have as significant an impact should be
recommended for placement on the consent agenda. Items for first reading do not j
literally have to be read into the record at the city council meeting, placement on
agenda is sufficient. When an item is listed for first reading the chairman should
explain the item being proposed and that the City Council is seeking input from
the public to aid them in the decision making process.
V. 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
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Cancellation of a Meeting:
A. Regularly scheduled City Council Meetings or Special Meetings called by the
Mayor may be cancelled by the Mayor if advised that a quorum shall not be in
attendance or there is not a quorum of the members present at the regularly
scheduled meeting.
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B. Special Meetings called by three (3) aldermen may be cancelled by two (2) of the
three (3) aldermen that called the meeting if there is not a quorum of the members
present or for any other reason.
C. Committee Meetings may be cancelled by the Chairman of the committee if there
is not a quorum of the members present.
D. Cancellation of any of the meetings referenced in this Section requires notice by
the person canceling the meeting to the City Clerk, all scheduled attendees, and
all news media that has filed an annual request with the City Clerk.
E. Lack of a quorum for any meeting prohibits proceeding with the meeting, but
permits discussion solely of agenda items so long as no prior notice of
cancellation has been issued.
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This Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
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Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois, this t 2�, day of 2009.
ROBYN SUTCLIFF DIANE TEELING
GARY GOLINSKI ARDEN JOE PLOCHER
WALLY WERDERICH MARTY MUNNS
ROSE SPEARS GEORGE GILSON JR.
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Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this 10- day of MAY 2009.
Mayor
Attest:
Ciby
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CITY
I o� United C o f Yorkville
E: 0 1836 800 Game Farm Road
1 � Yorkville, Illinois 60560
o i Telephone: 630 -553 -4350
Fax: 630-553-7575
ILL
AGENDA
CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
7:00 p.m.
Date
Call to Order:
Pledge of Allegiance:
Roll Call by Clerk: WARD I WARD II WARD III WARD IV
Wally Werderich Gary Golinski Marty Munns Rose Ann Spears
George Gilson, Jr. Arden Joe Plocher Robyn Sutcliff Diane Teeling
Establishment of Quorum:
introduction of Guests:
Amendments to Agenda:
Committee Meeting Dates:
Public Works Committee Meeting
Economic Development Committee
Administration Committee Meeting
Public Safety Committee Meeting
Presentations:
City Council Meeting Agenda
Date
Page 2
Public Hearings:
---------------------------------
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Citizen Comments:
Consent Agenda:
Plan Commission / Zoning Board of Appeals:
Minutes for Approval (Corrections and Additions):
Minutes of City Council —
Bill payments for approval from the current Bill List (Corrections and Additions):
Checks total these amounts:
$ (vendors)
$ (payroll period ending )
$ (total)
Reports:
Mayor's Report
City Council Report
City Attorney's Report
City Clerk's Report
City Treasurer's Report
City Administrator's Report
Finance Director's Report
Director of Public Works Report
Chief of Police Report
Director of Parks & Recreation Report
Community Development Director Report
Community Relations Officer
Community & Liaison Report
City Council Meeting Agenda
Date
Page 3
Committee Reports:
Public Works Committee Report
Economic Development Committee Report
Public Safety Committee Re ort
Administration Committee Report
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Additional Business:
Executive Session: j
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Adjournment:
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COMMITTEES, MEMBERS AND RESPONSIBILITIES
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2 UBLIC WORKS;
-- --------------- - - ------------------------- - - - - -- ----------------------------------------------------------------------------------------------------------------------------------------------------------------------
Committee Departments Liaisons
Chairman: Alderman Besco Water and Sewer Park Board
Vice - Chairman: Alderman Plocher Streets and Alleys YBSD
Committee: Alderman Allen Sanitation and Waste
Committee: Alderwoman Sutcliff
[ECONOMIC DEVELOPMENT;
Committee Departments Liaisons j
Chairman: Alderman Golinski Planning & Building & Zoning Chamber of Commerce
Vice - Chairman: Alderman Allen Business & Economic Dev. Kendall County Econ. Dev.
Committee: Alderman Munns Plan Commission
Committee: Alderman Besco Bristol Plan Commission
Yorkville Econ. Dev. Corp.
Aurora Area Convention &
Tourism Council
Downtown Re- development
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PUBLIC SAFET
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Committee Departments Liaisons
Chairman: Alderwoman Spears Police Human Resource Comm.
Vice - Chairman: Alderwoman Sutcliff Schools School District
.ommittee: Alderman Werderich Public Relations KenCom
Committee: Alderman Plocher
City Council Meeting Agenda
Date
Page 4
COMMITTEES, MEMBERS AND RESPONSIBILITIES (con't)
ADMINISTRATION!
________ _______________________________ _ ___------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Committee Departments Liaisons
Chairman: Alderman Munns Finance Metra
Vice - Chairman: Alderman Werderich Public Properties Library
Committee: Alderwoman Spears Personnel Cable Consortium
Committee: Alderman Golinski
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, CA D C / rY
Jz� 4 o United City of Yorkville
Mayor Pro Tem Policy — Approved 2/22/05
1836
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MAYOR PRO TEM.
(A) There is created the office of Mayor Pro Tem for the City.
(B) In the event of a temporary absence, or a disability causing the Mayor of the City to
be incapacitated from the performance of his duties, but which by law does not create a vacancy
in the office of Mayor, the Council of Alderpersons shall elect one of its members to act as
Mayor Pro Tem. The Mayor Pro Tem, during the absence or disability of the Mayor, shall
perform the duties and possess all the rights and powers of the Mayor.
(C) The selection of a Mayor Pro Tem shall be made on an annual basis at the first City
Council meeting in May. The Council of Alderpersons shall vote to elect one of its members
Mayor Pro Tem. No member may be elected as Mayor Pro Tem for two consecutive years.
However, the Mayor Pro Tem shall not act as Mayor Pro Tem unless and until the Mayor is
temporarily absent or is disabled to an extent so as to incapacitate him from the performance of
his duties.
(D) In the event the Mayor fails to attend a meeting of the City Council, the Mayor Pro
Tem shall act as a temporary chairman for the meeting of the City Council, and while so serving
as temporary chairman, shall have only the power of a presiding officer and a right to vote in his
capacity as Alderperson on any ordinance, resolution, or motion.
Statutory reference:
Mayor pro tem, see ILCS Ch. 65, Act 5 § 3.1 -35 -35
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