HomeMy WebLinkAboutOrd 6300 02/07/2017 Amending Chapter 11 of the Village Code with regards to conflicts with certain Home Rule County Ordinances Relating to Paid Sick LeaveORDINANCE NO. 6300
ORDINANCE AMENDING CHAPTER 11 OF THE VILLAGE CODE OF MOUNT
PROSPECT WITH REGARD TO CONFLICTS WITH CERTAIN HOME RULE
COUNTY ORDINANCES
WHEREAS, the Village of Mount Prospect ("Village"), as a home rule unit of local
government as provided by Article VII, Section 6 of the Illinois Constitution of 1970, has the
authority to exercise any power and perform any function pertaining to its government and
affairs except as limited by Article VII, Section 6 of the Illinois Constitution of 1970; and
WHEREAS, on October 5, 2016, the County of Cook Board of Commissioners adopted
an ordinance that requires employers in "Cook County" to provide a minimum number of paid
sick days to employees ("Cook County Paid Sick Leave Ordinance"); and
WHEREAS, on October 26, 2016, the County of Cook Board of Commissioner adopted
an ordinance creating a minimum wage for employers in "Cook County" ("Cook County
Minimum Wage Ordinance"); and
WHEREAS, the Village of Mount Prospect finds that these Cook County Ordinances
place an undue burden on employers within the Village of Mount Prospect given the current
rights of employees available under Federal and State law; and
WHEREAS Article VII, Section 6(c) of the Illinois Constitution provides that if a home
rule county ordinance conflicts with an ordinance of a municipality, the municipal ordinance
shall prevail within its jurisdiction; and
WHEREAS, pursuant to its home rule powers, the Village of Mount Prospect finds it in
the best interest of the Village to amend the Village Code to clearly define the sick leave and
minimum wage regulations that apply to employers located in the Village of Mount Prospect.
NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS
AS FOLLOWS:
SECTION ONE: The recitals above shall be and are hereby incorporated in this
Section 1 as if restated herein.
SECTION TWO: Chapter 11 of the Village Code of Mount Prospect is hereby
amended by adding a new Section XXXX to read in its entirety as follows:
"Article XXXX — CONFLICTS WITH CERTAIN HOME RULE COUNTY
ORDINANCES
A. Employers located within the Village shall comply with all applicable federal and/or
State laws and regulations as such laws and regulations may exist from time to time
with regard to both the payment of minimum hourly wages and paid sick leave.
Employee eligibility for paid sick leave and minimum hourly wages shall also be in
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ORDINANCE AMENDING CHAPTER 11 OF THE VILLAGE CODE OF MOUNT
PROSPECT WITH REGARD TO CONFLICTS WITH CERTAIN HOME RULE
COUNTY ORDINANCES
compliance with all applicable federal and/or State laws and regulations as such laws
and regulations may exist from time to time.
B. No additional obligations with regard to paid sick leave, or minimum hourly
wages imposed by any ordinance adopted by the County of Cook Board of
Commissioners shall apply to employers located within the Village.
C. For the purposes of this Section, the term "employee" means an individual permitted
to work by an employer regardless of the number of persons the employer employs,
and the term "employer" means any person employing one or more employees, or
seeking to employ one or more employees, if the person has its principal place of
business within the Village or does business within the Village.
D. For the purposes of this Section, the term "employer" does not mean:
(a) The government of the United States or a corporation wholly owned by
the government of the United States;
(b) An Indian tribe or a corporation wholly owned by an Indian tribe;
(c) The government of the State or any agency or department thereof; or
(d) The government of any municipality."
SECTION THREE: This Ordinance shall be in full force and effect, after passage,
approval and publication as required by law.
AYES: Hoefert, Polit. Rogers, Saccotelli, Zadel
NAYS: None
ABSENT: Matuszak
ADOPTED this 71h day of February, 2017.
Arlene A. Jurace
Village Presiden
ATTEST:
/z, X, � 6?
Karen M. Agorans
Deputy Village Clerk
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