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HomeMy WebLinkAboutOrd 2746 09/20/1977 I' Ii II 9/9/77 I, "I II II Iii ! II ORDINANCE NO. 2746 I i I AN ORDINANCE RECODIFYING CHAPTER 8 OF THE MUNICIPAL CODE I i I I BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE i OF MOUNT PROSPECT t COOK COUNTY t ILLINOIS: I II SECTION ON~: That t pursuant to the authority vested in the President and Board I of Trustees of the Village of Mount Prospect under Article VII of the 1970 Constitu- ,I tion of the State of Illinois t Chapter 8 of the Municipal Code of Mount Prospect of 1957 t as amended t be and the same is hereby further amended in its entirety; so that hereafter the said Chapter 8 shall be and read as follows: II I I II I I ARTICLE I I' ARTICLE II ,I ARTICLE III j,ARTICLE IV ARTICLE V I ARTICLE VI I ARTICLE VII 11 II Ii ARTICLE I. OFFICERS; EMPLOYEES Ii SECTION 8.101. Effect. The provisions of this article shall apply alike II to all officers and employees of the Village t regardless of the time of the Ii creation of the office or position or the time of the appointment of the I i officer or employee. II jlSECTION 8.102. Appointments. All officers shall be appointed or se- Illected by the Village Manager as provided by statute t ordinance t or re- 'I solution t except all elected officials and those appointments expressly Iprovided for by statute t ordinance t or resolution t to be made by the IPresident and Board of Trustees. I I I SECTION 8.103. Term of Office - V acancie~. Every appointive officer 'I of the Village shall hold office until the first day of May following his appointment or until his successor is appointed and qualified, unless it is otherwise provided by ordinance. In case of a vacancy in any such place t it shall be filled in the same manner in which appointments or selections are made t in the absence of provision to the contrary. I I I "SECTION 8.104. Monies Received. Every officer of the Village shall at Ileast once a month turn over all money received by him in his official ca- :pacity, to the Treasurer with a statement showing the source from which Ithe same was received. " CHAPTER 8 OTHER PROVISIONS RELATING TO VILLAGE GOVERNMENT Officers; Employees Jail House Numbering Demolition or Repair of Buildings Other Regulations Employee Organizations Succession of Officers SECTION 8.105. Oath. Every officer of the Village, shall before enter- ing upon his duties t take the oath prescribed by statute. II II II ,II i ! SECTION 8.106. Salaries. All officers and employees of the Village I i shall receive such salary as may be from time to time provided by ordi- ! nance or resolution. I i I SECTION 8.107. Assignment of Duties. The Village Manager shall I have the power to assign to any appointive officer any duty which is not I assigned by ordinance to some other specific officer; and shall deter- i mine disputes or questions relating to the respective powers or duties I of officers. i SECTION 8.108. Records. All records kept by any officer of the IVillage shall be open to inspection by the President, or any member of i the Board of Trustees at all reasonable times, whether or not such re- I cords are required to be kept by statute or ordinance. i i i SECTION 8.109. Bond. Every officer and employee, shall if required (by the Board of Trustees, upon entering upon the duties of his office, i give a bond in such amount and with such sureties as may be determined Iby the said Board, conditioned upon the faithful performance of the duties ! of his office or position. I ' i i SECTION 8.11 o. Arrests. The Village President, me.mbers of the 'IBoard of Trustees, as well as every member of the Police Department, are hereby declared to be conservators of the peace with such powers to make I arrests as are given to conservators of the peace by statute. I I , :ISECTION 8.111. Termination of Office. Every officer and employee of lithe Village, upon the expiration of his term for any cause whatsoever, Ilshall deliver to his successor all books and records which may be the !'property of the Village; and if no successor has been appointed within lone week after the termination of office, such property shall be delivered lito the Village Clerk or Village Treasurer. II IISECTION 8.112. Impersonation. It shall be unlawful for any person to liimpersonate without lawful authority any Village officer or employee. I' I!SECTION 8.113. Interference with Officers. It shall be unlawful to in- i iterfere with or hinder any officer or employee of the Village while engaged i lin the duties of his office or employment. IlsECTION 8.114. Independent Audits. The President snd Board of IITrustees shall provide for an annual independent audit of all accounts of 'lithe Village for the prior fiscal year, which audits shall be conducted in- j!dependently of the Village Manager and Village Treasurer by some person I pr firm selected by the President and Board of Trustees. Full reports Ilof such audits shall be filed in the public records of the Village. The IPower with respect to such audits by the President and Board of Trustees I'lshall not be construed in any manner to limit the responsibility of the !linage Manager for the proper expenditure of Village funds. ISECTION 8.115. Conflicts of Interest. ! ii liA . Ii !! \1 " Ii Ii Ji Ii 'I Ii Ii Ii !: II II ii II " ._,.,_.~,_"J.,l_......,,, " Declaration of Policy. The proper operation of government requires that all officials, elected, appointed, and salaried employees, hereinaf- ter referred to as Village officials, be independent and impartial; that government decisions and policy be made and carried out in the proper -2- II Ii II II Ii II II I i I I . I I I I I I II I II _~_JL. II II Ii II II 'I II I I I I I I I I I I I I I ,I II II ,I II ,J II II II II I lB. I I I channels of the government structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. The attainment of one or more of these ends is impaired whenever there exists, or appears to exist, an actual or potential con- flict between the private interests of a government official and his duties as an official. The public interest requires, therefore, that the law pro- tect against such conflicts of interest and establish appropriate ethical standards with respect to conduct in situations where actual or poten- tial conflicts exist. 1. Public officials are agents of public purpose and hold office for the benefit of the public -- they are bound to uphold theConstitutlon of the United States and the Constitution of the State of Illinois and to carry out impartially the laws of the Nation, State and Village, thus fostering respect for all government. They are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their office regardless of personal considera- tions, recognizing that the public interest must be their primary concern. Their conduct in both their official and private affairs should be above reproach. 2. All officials of the Village of Mount Prospect shall not exceed their' authority, or breach the law or ask others to do so. Nonpartisan Organization. 1. No public official, whether elected or appointed, shall promise an appointment to any salaried municipal position as a reward for any political activity. 2. No public official, whether elected or appointed, shall cause any other Village employee to contribute to, or perform work for any political party as a condition of continued employment. c. Public Property. No public official shall request or permit the use of Village owned vehicles, equipment, materials, or property for person- al convenience or profit, except when such services are available to the public generally, or are provided as municipal policy for use of such public official in the conduct of official business. D. Gifts and Favors. No public official or his immediate family shall ac- cept any gift, from any person, firm, or corporation which to their knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the Village, nor shall such public official: 1. Accept any gift, favor or thing of value that may tend to influence him in the discharge of his duties; or 2. Grant in the discharge of his duties any improper favor, service, or thing of value. Official Activit~. No public official shall engage in any activity or may be in any manner interested, either directly or indirectly, in his name or in the name of any other person, association, trust, or corporation, in any contract or the performance of any work for the making or letting of which such official may be called upon to act or vote. -3- , .1 II Commonly Known I Address of Real I Property II II II il Ii 'I II I I I. 'I Ii II II . < IName of. Business rEntIty I I I II Ii I I , il II II c. I dentify the sources of your income hereinbelow: !I Ilsource of Income, if Source ISells Material and/or Services ! to the Village of Mount Prospect I II II I I I I I .L I I' I' II II I IF. i I II I I i I j i . i i I I i I II I 1. No such public official may represent , either as agent or otherwise, any person, association, trust, or corporation, with respect to any application or bid for any contract or work in regard to which such official may be called upon to vote. 2. Any contract made and procured in violation of this Section is void. Disclosure Statements. 1. All public officials shall file with the Village Clerk a verified Dis- closure Statement, responding in detail to the following questions in the following form: II Disclosure Statement a. Do you or any members of your immediate family have any interest in real property lying within the corporate limits of the Village of Mount Prospect or within one and one-half (Ii) miles thereof? If your answer is in the affirmative, state the following: Nature of Interest in Such Real Property (Owner Joint Owner, Tenant, Bene- ficiary, Trustee, etc.) Permanent Real Estate Tax Identi- fication Number b. Do you or any member of your immediate family own five per- cent (5%) or more of any business entity? Are you or any members of your immediate family an officeror director of any business entity? _ If your answer to either of the foregoing questions is ill the affirmative, state the following: Nature of Your Relationship to Business Entity Type of Product Produced or Service Rendered by Business Entity Percentage of Income From This Source, If 10% or More of Gross Income -4- I II 'I Ii I; Ii Ii Ii I I II ,I II 'I i: II Ii I' ,i II I' i I Ii 'I I I I II ,I II I! Ii II II II Ii ,I il II II Ii ,I II Ii .....Je II ,'I I I II !I II II Ii II Ii II II i, II II I' II Subscribed and Sworn to ;'1 before me this day of I , 19 . II ---- I ~e~) Notary Public" I I I I I, , declare that the foregoing statements have been examined by me and are to the best of my knowledge and belief f . true f correct, and accurate. I have received from the Village Clerk copies of the Municipal Code of the Village of Mount Prospect and Sta- tutes of the State of Illinois pertaining to conflicts of interest, income disclosures, and misconduct by public office holders. I understand that the penalty for wilfully attesting to a false disclaimer is a fine not to exceed Five Hundred Dollars ($500), removal from office, or both. Dated: ,19_ 2. The Disclosure Statement required above shall be completed on forms provided by the Village Clerk and shall be filed pursuant to the following schedule: a. Public officials holding office, elective, appointive, or other- wise, on the date of this Ordinance adoption, shall file within thirty (30) days of the date of adoption. b. Any candidate for elective public office within the Village gov- ernment shall file with his nominating petition. c. Any person appointed as a public offici~, if required to do so by this Ordinance, shall file his Disclosure Statement prior to his appointment. d. Any person elected to public office within the Village shall again file within fifteen (15) days after his election. e. Any other public official, elected or appointed, shall file his Disclosure Statement annually on or before May 1. 3. The Village Clerk shall provide each person filing such Disclosure Statement with a written receipt, indicating the date on which such filing took place. 4. All Disclosure Statements so filed under this Section shall be avail- able for examination and copying by the public during regular busi- ness hours. a. Each person examining a Disclosure Statement shall fill out a form prepared by the Village Clerk, identifying the examiner by name, occupation, address, and telephone number, listing the date of examination and reason for such examination. b. The Village Clerk shall promptly notify each person required to file a Disclosure Statement under this Section of each in- -5- II !I , I I I stance of an examination of his Disclosure Statement by send- ing him a duplicate original of the identification form filled out by the person examining his Disclosure Statement. G. Campaign Contributions. Campaign contributions shall be reported by all candidates for elected Village office in strict conformity with the pro- visions of the Illinois State Statutes. Section 8.116. Rules and Definitions. A. The language set forth in the text of this Article shall be interpreted in accordance with the following rules of construction: 1. The singular number includes the plural number, and the plural the singular. 2. The word "shall" is mandatory; the word "may" is permissive. 3. The masculine gender includes the feminine and neuter. i, II II II II Ii " II Ii II 'I II I, I I i I B. Whenever in this Article the following words and phrases have been used, they shall, for the purposes of said Article, have the mean- ings respectively ascribed to them in this Article, except when the con- text otherwise indicates. 1. Business Entity. Any organization or enterprise operated for pro- fit, including but not limited to a proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation, or associa- tion. 2. Gift. Any property, real or personal, tangible or intangible, of a market value in excess of Fifty Dollars ($50) obtained by an indivi- dual without the payment of the property's full market value. Gifts from an individual's spouse, child, parent, grandparent, grand- child, brother, sister, parent-in-law, brother-in-law, sister-in- law, aunt, uncle, or first cousin, or the spouse of any such person, or gifts to a church, religious, or charitable organization qualified as such under the provisions of the Internal Revenue Code shall not be considered gifts for the purposes of this definition. Gifts of in- formational material such as books, pamphlets, reports, calendars, or periodicals shall not be considered gifts for the purposes of this definition. Ii 'I II II II II II ,: II [I II I ! 3. Immediate Family. An individual's spouse, dependent children, or others claimed by such individual as dependents for Federal income tax purposes. 4. Interest in Real Property includes, but is not limited to the follow- ing: Legal or equitable title; a beneficial interest in any trust (in- cluding a land trust); any assignment of any interest from a benefi- ciary or any other party of an interest; a power to direct convey- ance; a right to receive rents or proceeds from property; the obliga- tion to pay rent; a lien; a tax sale certificate; an option; or any ot- her financial interest, real or personal, direct or indirect, in such property including status as a nominee or undisclosed principal. 5. Person. An individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, asso- ciation, committee, and any other organization or group of persons -6- II I 'I I I acting in concert. 6. Public Official. Any person who seeks to be elected or is elected to any public office in the Village of Mount Prospect government, or is appointed as a Mayor, as Trustee, or as a member of the Zon- ing Board of Appeals, or as Manager, or head of a.ny department of the Village of Mount Prospect. 7. Village. The Village of Mount Prospect, Cook County, Illinois. SECTION 8.117. Penalty. Any person, firm, or corporation found guilty of violating the provisions of any Section of this Article, or part thereof, shall be guilty of a misdemeanor and shall be fined not to exceed Five I Hundred Dollars ($500), and/or removal from office. Each day that a vio- I lation is permitted to exist shall constitute a separate offense. ARTICLE II. JAIL SECTION 8.201. Establishment. The place in the Village heretofore established and used as the jail, or any other place which may be here- after used for that purpose, is hereby declared to be the Village jail. I SECTION 8.202. Keeper. The Chief of Police shall be the keeper of the jail and shall have custody over all persons confined therein and of all property pertaining thereto. SECTION 8.203. Prisoners. The jail shall be used for the incarceration of all persons arrested for violating any laws of the State of Illinois, the United States, or for violating any Village ordinance until such person I shall be lawfully brought before a duly appointed or elected judge of the I Circuit Court of Cook County, Illinois, for a hearing or until such person shall be lawfully transferred to some other place of incarceration or otherwise lawfully released. SECTION 8.204. Escape. It shall be unlawful for any person to escape, attempt to escape, or to assist any prisoner to escape from jail. SECTION 8.205. Communications with prisoners. It shall be unlaw- ful for any person to communicate with any prisoner held in the jail without the permission of the Chief of Police or the police officer in charge. ! SECTION 8.206. Penalty. Any person, firm or corporation violating I any of the provisions of this article shall be fined not less than ten dollars nor more than three hundred dollars for each offense. ARTICLE III. HOUSE NUMBERING SECTION 8.301. House Numbering Required. All lots , buildings and structures in the Village shall be numbered in accordance with the chart of house numbers maintained by the Director of Building and Zoning. I I i -7- I I I ..Jt JJ I .1 'I I: II A. Odd numbers shall be on the east and south sides of the streets; II even numbers shall be on the north 'and west sides of the streets. Ii B. I I SECTION 8.302. Chart. The Village Clerk shall keep a chart showing , the proper street number of every lot in the Village which shall be open to inspection by anyone interested. There shall be 100 numbers to each block. SECTION 8.303. Numbers on Houses. It shall be the duty of the owners and occupants of every house in the Village to have placed there- on, in a place visible from the street, figures at least tv\ro and one-half inches high; showing the number of the house; any person, firm or corporation failing to so number any house, building or other structure occupied by him, or if after receiving notice to do so from the Director of Building and Zoning shall continue in his failure to so number such house, building or structure shall be fined one dollar for each day during or on which a failure to so number continues. TICLE IV. DEMOLITION or REPAIR of BUILDINGS II SECTION 8.401. I A. A uthority to Act. II II I , I I I ,I I 'j Pursuant to that power vested in the corporate authorities of the Village of Mount Prospect as a home rule unit under the 1970 Constitution of the State of Illinois as well as Article VII thereof, and in line with the sta- tutes of the State of Illinois made and provided, the President and Board of Trustees of the Village of Mount Prospect may demolish, repair, or cause the demolition or repair of dangerous -and unsafe buildings or un- completed and abandoned buildings within the corporate limits of the Village of Mount Prospect in the following manner: The President and Board of Trustees shall, through the Village Attorney, apply to the Cir- cuit Court of Cook County for an Order authorizing the demolition or re- pair or authorizing said corporate authorities to cause the demolition or repair of any such dangerous and unsafe building or uncompleted or abandoned building whenever the owner or owners thereof, including the lien holders of record, after at least fifteen (15) days' written no- tice by mail so to do, have failed to put such building in a safe condition or to demolish it. 1. It is not a defense to such cause of action that the building is board- ed up or otherwise enclosed nor may the court order such building boarded up or otherwise enclosed. i I II 2. Where, upon diligent search, the identity or whereabouts of the owner or owners of any such building, including the lien holders of record is not ascertainable, notice mailed to the person in whose name such real estate was last assessed is sufficient notice under this Section. 'I I, II Ii ,[ I~. II Ii II 3. The hearing upon such application to the Circuit Court shall be ex- pedited by the court and shall be given precedence over all other sui ts . The cost of such demolition or repair incurred by the Village of Mount Prospect or by a lien holder of record is recoverable from the owner or owners of such real estate and is a lien thereon, which lien is superior to all prior existing liens and encumbrances, except taxes, provided -8- II II II i that, within sixty (60) days after such repair or demolition, the Village i of Mount Prospect or the lien holder of record who incurred such cost I' ,I and expense shall file Notice of Lien 'off such cost and eXI?enshe infcf:~rredf Ii in the office of the Recorder of Deeds 0 Cook County or In t eo ICe 0 1:1 the Registrar of Titles of Cook County if the real estate affected is re- gistered under the Torrens system. I,I:, 1. The notice must consist of a sworn statement setting out: 'I Ii i I a. A description of the real estate sufficient for identification I' thereof: I . lb. The amount of money representing the cost and expense in- curred; and c. The date or dates when the cost and expense was incurred by the Village of Mount Prospect or by the lien holder of record. 2. Upon payment of the cost and expense by the owner of or persons interested in the property after Notice of Lien has been filed. the lien shall be released by the Village of Mount Prospect or person in whose name the lien has been filed and the release may be filed of record as in the case of filing Notice of Lien. 3. The lien may be enforced by proceedings to foreclose as in the case of mortgages or mechanics' liens. I I ,I I, !I II II ARTICLE V. OTHER REGULATIONS Ii SECTION 8.501. Seal Established. The seal of the Village shall be a tri-colored circular disc consisting of inner rings as well as an emblem I composed of an eagle and shield with the words, t1Village of Mount Pros- I pect. Incorporated February 3, 1917, TI and containing the slogan, "Where i Friendliness Is a Way of Life," -- all of which shall be more particularly I arranged in the following fashion: I I I I I ! I 4. Suit to foreclose this lien must be commenced within three (3) years after the date of filing Notice of Lien. I SECTION 8.502. Fiscal Year. The fiscal year for the Village shall I begin on the first day of May of each year and end on the last day of April I of the following year. I 'I SECTION 8.503. Injury tp Public Pro12ert~. It shall be unlawful for I anyone to injure, deface or interfere with any property belonging to the Village without proper authority from the Village Board. Any person violating the provisions of this Section shall be fined not less than twenty I dollars ($20.00) nor more than five hundred dollars ($500.00) for each ,I offense. II ,I Ii II .._L -9- SECTION 8.504. Elections. Elections for municipal offices shall be held as provided by statute, and at the time prescribed by statute. SECTION 8.505. Suretx.~~!.lds. Whenever a surety bond to indemnify the Village is required as a prerequisite to exercising the duties of any office or position, or to the issuance of a license or permit or for the exercise of any special privilege, the surety on such bond shall be a corporation licensed and authorized to do business in this state as a surety company , in the absence of specific provision to the contrary by ordinance. A. Whenever in its opinion additional sureties or an additional surety may be needed on any bond to indemnify the Village against loss or liability because of the insolvency of the existing surety or sureties or for any other reason, the Village may order a new surety or sureties to be secured for such bond. B. If such new surety or sureties are not procured within ten (10) dt?Ys from the time such order is transmitted to the principal of the bond, or his assignee, the Board shall declare the bond to be void and thereupon such principal or assignee, shall be deemed to have sur- rendered the privilege or position as condition of which the bond was required. SECTION 8.506. Official Time. Central Standard Time shaH be the official Village time; except that the official time shall become Day- light Saving Time when and as established in the State of Illinois. All clocks and other timepieces in or upon the public buildings or other premises maintained by or a.t the expense of the Village shall be set and run at the official time prescribed by this Section. I ! i I I ,/ i I I i II iI Ii II !I II Ii SECTION 8.507. Non-Referendum Bonds. The Village of Mount Prospect, Cook County, Illinois, acting by and through its President and Board of Trustees, may, from time to time, borrow money for proper public pur- poses and in evidence of such borrowing, issue its full faith and credit bonds (general obligation) payable from ad valorem taxes to be levied with- out limitation as to rate or amount, against all taxable property situated with- in the Village. Such bonds may be issued without the submission of the question of their issuance to the electors of the Village for their approval and the procedures for the issuance of such bonds shall be substantially as herein provided. A. In each instance of such borrovving, the Village of Mount Prospect shall adopt an ordinance (hereinafter designated as the "Bond Ordinance") describing the public purpose or purposes to be served by sueh bor- rowing and in such Bond Ordinance shall make a finding and deter- mination that such borrowing of money is necessary for the welfare of the government and affairs of the Village, is a proper public purpose or purposes and is in the public interest, which finding and determination shall be deemed conclusive. B. The Bond Ordinance shall indicate the amount of money necessary to be borrowed, the amount of bonds to be issued in evidence thereof, shall fix the details of sueh bonds, including their date, number, denomina- tion, maturity (which shall not exceed forty (40) years from the date of -10- I I said bonds) , and their rate of interest which shall be at such rate as the President and Board of Trustees shall determine. 1. The bonds shall be sold in such manner as may be determined by the President and Board of Trustees. I ., 2. A contract for the sale of such bonds may be entered into prior to the adoption of the Bond Ordinance or the Bond Ordinance may pro- vide for the subsequent sale of the bonds therein authorized. In the event of such subsequent sale and if the bonds bear interest at a rate or rates less than that authorized in such Bond Ordinance, prior to the delivery of such bonds the taxes levied in such Bond Ordinance shall be abated by that amount representing the savings resulting from the sale of such bonds at a lower rate of interest than authorized in such Bond Ordinance. II II I C . The Bond Ordinance shall authorize the execution of the bonds therein authorized on behalf of the Village of Mount Prospect by the signatures of the Village President and the Village Clerk, shall require the seal of the Village to be affixed to such bonds, shall determine whether such bonds to be issued shall be registered in the name of the owner as to principal only or whether the same shall be fully registered as to both principal and interest, shall indicate the place or places of payment of the principal and interest maturing on said bonds, and shall set forth the form of bond. 1. The Village President may designate another to affix his signature to any full faith and credit bonds of the Village which are required to be signed by the President. 2. In such case, the Village President shall send to the Board of Trustees a written notice of the person so designated by him, such notice stating the name of the person so selected and the particular bonds which such person shall have authority to sign as proxy for the President. a. A written statement of the President executed by the person so designated, with the signature of the person so designated underneath, shall be attached to each notice. b. Each notice, with the signature attached, shall be recorded in the official journal of the proceedings of the President and Board of Trustees and then filed with the Village Clerk. 3. When the signature of the President is placed on a full faith and cre- dit bond of the Village at the direction of the President in the speci- fied manner, such full faith and credit bond in all respects shall be as binding on the Village as if signed by the President in person. D. The Bond Ordinance shall make provision for the payment of such bonds, both principal thereof and interest thereon until maturity, by the levy of a direct annual tax upon all the taxable property within the Village of Mount Prospect sufficient for such purpose. 1. A copy of such Bond Ordinance, as adopted, certified to by the Vil- -11- lage Clerk, shall be filed in the offices of the County Clerk of Cook County, in which county the Village of Mount Prospect is situated. 2. Such Bond Ordinance, as so filed, shall constitute the authority for the Cook County Clerk in and for each of the years for which taxes are levied in said Bond Ordinance, to extend such taxes for collec- tion against all the taxable property situated within the Village of Mount Prospect. 3. The taxes so levied for the payment of principal of and interest on the bonds shall be extended annually by the Cook County Clerk without limitation as to rate or amount and such taxes shall be in addition to and in excess of all other taxes levied or authorized to be levied by the Village of Mount Prospect. 4. Except as provided herein, such taxes so levied shall not be sub- j ect to repeal or abatement in any manner whatsoever until such time as all the bonds authorized under the terms of said Bond Ordi- nance and issued shall have been paid in full, both principal there- of and interest thereon up to and including the date of maturity, pro- vided, however, that if the Village of Mount Prospect has funds available, it may appropriate same and order their deposit in trust with the paying agent for purpose of the payment of any of the ma- turities of bonds or interest thereon, in which event the taxes so levied to pay such principal or interest may be abated by the amount so deposited, such abatement to be by ordinance of the Vil- lage of Mount Prospect duly adopted and placed on file with the Cook County Clerk. E. The provisions of any such Bond Ordinance shall constitute an appro- priation of the amounts required as therein referred to and described and upon the delivery of the bonds therein authorized, the proceeds thereof shall be used solely and only for the purpose or purposes for which the bonds were authorized. Upon the adoption of any such Bond Ordinance by the Village of Mount Prospect and its approval by the President, the same shall be publish- ed in a newspaper published and of general circulation in the Village of Mount Prospect if there be one and if there is no such newspaper, then in a newspaper published and of general circulation in the county in which the Village or the major portion thereof is situated and said ordinance shall become effective ten (10) days after the date of such publication. F. Any bonds authorized and issued pursuant to the provisions of any Bond Ordinance adopted pursuant to the provisions hereof and also any bonds issued and outstanding, which by their terms are payable from taxes unlimited as to rate or amount and levied against all the taxable property within the Village of Mount Prospect, may be refunded prior to their maturity or at their maturity, and including the refunding of matured interest coupons evidencing interest upon such unpaid bonds. I I i I I I I I ! 1. Such refunding shall be by the issuance of refunding bonds to be authorized by a Refunding Bond Ordinance which shall be adopted in the manner and subject to the terms, conditions, and provisions as herein required for the issuance of bonds for public purposes. II il Ii ^ ...11. -12- I i B. , I c. ; I I I I I I ! ! ! i I I D. ! I II I' II i! I' Ii II I' il Ii I: I; ,\ II ,~..J.L.. . 2. Any such refunding shall be issued on the basis of an exchange of par for par for bonds and matured interest coupons to be refunded, or such refunding bonds shall be sold at not less than par and the proceeds thereof be used for the purpose of paying maturing princi- pal and matured interest coupons on such outstanding bonds as they become due. G. Pursuant to the authority granted by Section 6 of Article VII of the 1970 Constitution of the State of Illinois, the procedures hereby established for the issuance of full faith and credit bonds (general obligation) as herein provided for, shall be controlling and shall be complied with by the Village of Mount Prospect in the borrowing of money through the is- suance of general obligation bonds of the Village notwithstanding any- thing to the contrary contained in the provisions of the Illinois Munici- pal Code and all acts amendatory thereof and supplementary thereto and any other law or laws of the State of Illinois. SECTION 8.508. Contracts with Owners of Planned Unit Developments. The President and Board of Trustees of the Village of Mount Prospect shall have the power to contract with the owners of record of driveways and park- ing areas located upon, within, and/or through Planned Unit Developments, provided any such Planned Unit Development, ("PUD" is as defined in the Zoning Ordinance of the Village of Mount Prospect), lies within the corpor- ate limits of the Village of Mount Prospect, and has been developed as a PUD pursuant to a specific Special Use Permit authorized by the President and Board of Trustees of the Village of Mount Prospect, and further provided that the procedures set forth hereinbelow are followed: A. That, if traffic regulation, control, and patrol is desired by a maj ority of the owners of record of such driveways and parking areas located upon, within, and/or through any given such Planned Unit Develop- ment, said majority of owners shall sign a petition and file same with the Village Clerk. Upon receipt by him of such petition, the Village Clerk shall place same on the agenda of the next regular meeting of the President and Board of Trustees of the Village of Mount Prospect for consideration by them. Within six (6) months after such petition has been filed with the Village Clerk, the President and Board of Trustees shall finally consider the question of whether the Village of Mount Prospect shall contract with such owners of such driveways and parking areas located upon, with- in, and/or through such Planned Unit Development for the purpose of providing traffic patrol and to regulate the traffic and the parking of automobiles in and upon such driveways and parking areas located upon, within, and/or through such Planned Unit Development. If entered into by and between the Village of Mount Prospect and such owners of driveways and parking areas located upon, within, and/or through such Planned Unit Development, such contract shall empower the Village of Mount Prospect to accomplish all or any part of the follow- ing: 1. The erection of stop signs, flashing signals, or yield signs at -13- 2. II I 3. I I 4. I I i I 5. I I 6. II I 7. I I 8. I [I I 9. specified locations in a parking area and the adoption of appro- priate regulations thereto pertaining, or the designation of any intersection in the parking area as a stop intersection or as a yield intersection and the ordering of like signs or signals at one or more entrances to such intersection, subject to the pro- visions of Chapter 18 of this Municipal Code. The prohibition or regulation of the turning of vehicles or speci- fied types of vehicles at intersections or other designated locations in the parking area. The regulation of a crossing of any driveway in the parking area by pedestrians. The designation of any separate roadway in the parking area for one-way traffic. The establishment and regulation of loading zones and speed zones. The prohibition, regulation, restriction, or limitation of the stop- ping, standing, or parking of vehicles in specified areas of the parking area. The designation of safety zones in the parking area and fire lanes. Provision for the removal and storage of vehicles parked or aban- doned in the parking area during snow storms, floods, fires, or other public emergencies, or found unattended in the parking area, (a) where they constitute an obstruction to traffic, or (b) where stopping, standing, or parking is prohibited, and for the payment of reasonable charges for such removal and storage by the owner or operator of such vehicle. Provision that the cost of planning, installation, maintenance, and enforcement of parking and traffic regulations pursuant to any con- tract entered into under the authority of subsection D of this Sec- tion be borne by the Village of Mount Prospect, or by the property owner(s), or that a percentage of said cost be shared by the part- ies to the contract. 10. Causing the installation of parking meters on the parking area and establishing whether the expense of installing said parking meters and maintenance thereof shall be that of the Village or property owner. An moneys obtained from such parking meters as may be installed on any parking area shall belong to the Village. 11. Contracting for such additional reasonable rules and regulations with respect to traffic and parking in the parking area as local con-- ditions may require for the public or of the users of the parking area. E. No contract entered into pursuant to this Section shall exceed a period of twenty (20) years. -14- IA. I II II I I B. II I I , II SECTION 8.510. IIA. I II , IF. I I Any contract entered into pursuant to this Section shall be recorded in the Office of the Recorder of Deeds of Cook County, Illinois, and no re- gulation made pursuant to the contract shall be effective or enforceable until three (3) days after the contract is so recorded. I r I At such time as parking and traffic regulations have been established at any parking area pursuant to the contract as provided for in this Section, then it shall be a petty offense for any person to do any act forbidden or to fail to perform any act required by such parking or traffic regulation, provided signs have been posted promulgating such regulations and such posting of signs has been noted in the appropri- ate Schedules contained in Article XX of the Mount Prospect Traffic Code (Chapter 18) contained in this Municipal Code of Mount Prospect. I II SECTION 8.509. Municipal Use Tax. In accordance with the provisions of Section 8-11-6 of the Illinois Municipal Code as well as Section 6 of Article I VII of the 1970 Constitution of the State of Illinois, a tax is hereby imposed I upon the privilege of using within the corporate limits of the Village of Mount Prospect any item of tangible personal property which is purchased outside the State of Illinois at retail from a retailer, and which is titled or registered with any agency of the government of Illinois. This tax shall be at a rate of one (1%) percent of the selling price of such tangible property to have the meaning as defined in the Use Tax Act, approved July 14, 1955. Such tax shall be collected by the Illinois Department of Revenue for the Village of Mount Prospect and all other municipalities imposing this tax and shall be paid before the title or certificate of registration for the per- sonal property is issued. The Village Clerk is hereby directed to transmit to the Illinois Depart- ment of Revenue a certified copy of this Ordinance not later than five (5) days after its effective date. Establishment of a Line of Credit. In an effort to continually balance the municipal budget, and to further the purposes of the "Municipal Budget Officer System" as heretofore adopted by the corporate authorities of the Village of Mount Prospect by encouraging efficient planning, budgeting, auditing, reporting, account- ing, and other fiscal rnanagment procedures, it has become necessary for the Village of Mount Prospect to maintain flexibility to borrow and tax in order to meet short term deficits, where receipts from Federal, State, and local revenues (while determined to be made available during any given fiscal year) may be inconsistent and sporadic so as to create short term cash flow problems, the Village of Mount Prospect, Cook County , Illinois, acting by and through its President and Board of Trustees may borrow money from time to time against the full faith and credit of the Village of Mount Prospect, a municipal corporation. B. In order to provide for the payment of necessary expenses, debts, and liabilities of the municipal corporation and in order to avoid possible judgments against the Village of Mount Prospect, the President and Board of Trustees, by Resolution, may authorize the Budget Officer to establish a Line of Credit with a depository bank so that whenever the Village of Mount Prospect does not have sufficient money in its General Fund to meet such necessary expenses, debts, and liabilities of the Village of Mount -15- IC. I I I I I I I I I II II 11 I I II I I I I I I I I I II II 'I II II II l! Ii II Ii I I II !I II II I SECTION 8.511. Submitting Questions of Public Policy. A. Questions of public policy shall be submitted to all or part of the re- gistered voters of the Village of Mount Prospect by way of advisory referenda whenever: Prospect, any and all overdrafts drawn upon said General and Related Fund shall be honored by such depository bank, provided: 1. The aggregate of such overdrafts drawn upon such depository bank shall not exceed $500,000; 2. The interest charged by such depository bank shall not exceed seven (7%) percent per annum and shall be compounded daily against the outstanding sum total of such overdrafts on any given day; 3. The President and Board of Trustees of the Village of Mount Pros- pect shall have budgeted sufficient funds to pay interest on such debt with such depository bank at the rate provided for hereinabove; and 4. The President and Board of Trustees of the Village of Mount Pros- pect before, at the time of, or after incurring any such indebtedness, shall provide for the levy and collection of a direct annual tax suffi- cient to pay the interest on any such debt created by any such over- draft as such interest thereon falls due. I , I, II II 'I I I i lB. 1. A written petition requesting the submission of a specific question or questions is filed with the Village Clerk, which petition must be signed by registered voters of the Village of Mount Prospect equal in number to at least 25% of the number of persons voting at the last general municipal election in the Village of Mount Prospect; or 2. The Board of Trustees of the Village of Mount Prospect determines by a duly carrried motion to submit any such specific question or questions. On such written petition being filed with the Village Clerk of the Village of Mount Prospect or upon such a motion of the Board of Trustees thereof, it shall be the duty of the President and Board of Trustees of the Village of Mount Prospect in each case to submit by ordinance any question of public policy so petitioned for or moved upon to all or part of the electors of the Village named in the petition or motion as the case may be. In addition to the foregoing, the submission of questions of public policy for an advisory referendum shall be subject to the following restrictions: 1. Such petition must be filed with the Village Clerk in each case not less than 78 days before the date of the general or official election at which the question or questions petitioned for are to submitted. -16- I I I I I I I L I! II ,I II 'I II Ii Ii II II II II ,I II Ii n. , ......, .-..........""'...._...H....,.. a. Petitions so filed shall consist of sheets of uniform size and each sheet shall contain, above the space for signature. an appropriate heading, giving the information as to the ques- tion of public policy to be submitted, the area of the Village of Mount Prospect within which it is to be submitted, and the heading of each sheet shall be the same. 1) Before being presented to the Village Clerk, such sheets shall be numbered consecutively and shall be neatly fastened together in book form by placing the sheets in a pile and fastening them together at one edge in a se- cure and suitable manner. 2) The sheets shall not be fastened by placing them to- gether end to end, so as to form a continuous strip or 1'011. b . Such petition shall be signed by the registered voters of the area of the Village of Mount Prospect in which the question of public policy is to be submitted in their own proper persons only, and opposite the signature of each signer his residence address shall be written or printed. 1) The words "Village of Mount Prospect" may be printed on the petition forms in that all of the such electors signing the petition must reside in the Village of Mount Prospect. 2) Standard abbreviations may be used in writing the resi- dence, including street number, if any. 3) No signature shall be valid or be counted in considering the validity or sufficiency of such petition unless the require- ments of this Section are complied with. c. At the bottom of each sheet of such petition shall be added a statement, signed by a registered voter of the area of the Village of Mount Prospect in which the question of public policy is to be submitted stating his residence address, certi- fying that the signatures on that sheet of the petition were signed in his presence and are genuine and that to the best of his knowledge and belief the persons so signing were at the time of signing the petition registered voters of the area of the Village of Mount Prospect in which the question of public policy is to be submitted and that their respective residences are correctly stated therein. Such statement shall be sworn to before some officer authorized to administer oaths in this State. d. A petition, when filed, shall not be withdrawn, altered or added to, and no signature shall be revoked except by re- vocation in writing presented or filed with the Village Clerk before the filing of such petition. -17- I' 2. Not more than 3 propositions shall be submitted at the same election and such proposition shall be submitted in the order of its filing. 3. Any such referendum shall be advisory only and shall neither bind nor mandate the President and Board of Trustees of the Village of Mount Prospect to any policy or course of action whatsoever. 4. Any such ordinance providing for the submission of a specific question or questions of public policy shall set forth the purpose of said advisory referendum, the form of notice of same, the form of ballot to be used, as well as the number of precincts with a description of same and the location of the polling place located within same. 5. The results of such advisory referendum shall be canvassed in the manner and form provided by law for regular municipal elections. D. Whenever a public measure is submitted to be voted upon by any electors of the Village of Mount Prospect, the substance of such public measure shall be clearly indicated on a separate ballot. I I I 1. Two spaces shall be provided upon the right-hand side of such ballot: one for the votes favoring the public measure, to be de- signated by the word, "Y es "; and one for the votes opposing the measure, to be designated by the word, "No". The form of such ballot shall therefore be as shown: Shall (here print the substance of the public measure)? Yes No 2. The elector shall designate his vote by a cross mark, thus (X). 3. Any such separate ballot shall be printed on paper of sufficient size so that when folded once it shall be large enough to contain the following words, which shall be printed on the back, "Ballot for (name of public measure to be voted on)" . 4. Such ballot shall be handed to the elector at the same tjme as the ballot containing the names of the candidates, and returned there- with by the elector to the proper officer. All provisions of this section relating to ballots shall apply to such separate ballot, except as herein otherwise provided. 5. Such separate ballot or ballots shall be printed upon paper of a distinctly different color from any other ballot used at such election and shall, as near as may be practicable, be of uniform size and color, but any variation in the size of such ballots or in the tinc- ture thereof shall not impair their validity. , E. In precincts in which voting machines are used, separate ballots shall not be required if such voting machines permit the casting of votes on such proposition. -18- I I II !I It II j I F. When an electronic voting system is used, which utilizes a ballot label booklet and ballot card, there shall be used in the ballot label booklet a separate ballot label page or pages as required for such public measures or propositions. II I I i i ;1 I Ii I I II 1. This page or pages for such public measures or propositions shall be of a color separate and distinct from the ballot label page or pages used for other purposes. 2. The ballot card provided for recording the voter's vote or choice on any such public measures or propositions may be the same card as is used for recording his vote for candidates. 3. More than one public measure or proposition may be placed on the same ballot label page or series of pages and may be voted or re- corded on the same column or series of columns on the same ballot card, and all columns on the ballot card may be of the same color. ARTICLE VI. EMPLOYEE ORGANIZATIONS SECTION 8.601. Declaration of Policy. It is hereby declared to be the public policy of the Village of Mount Prospect, Cook County, Ill- inois: A. That neither is there nor can there be an analogy of status between public employees and private employees, in fact or in law, because: II Ii I Ii II I 1. Of the inherent differences in the employment relationships aris- ing out of the nature of the public employer as a sovereign, es- tablished by and run for the benefit of all of the people with its authority founded neither in contract nor in the profit motive inherent in private enterprise but set forth in the constitution, statutes, municipal charters, ordinances, fire and police commission rules, resolutions, and other regulations; 2. Public employers cannot abdicate or bargain away their legisla- tive discretion and are bounded by appropriations and laws applicable thereto; 3. Constitutional provisions as to contract, property, and due process do not apply to the public employer - employee relationship. 4. Both the public employer and public employee are employees of the government of the people and each owes his individual allegiance to that government; and 5. It should be the aim of every public employee to do his part to make government function as efficiently and economically as possible with uninterrupted service to all of the people re- presented by such government. -19- B. That unresolved disputes, work stoppages, and strikes by public employees are a real danger to the health, safety, and welfare of the general public and especially the residents of the Village of Mount Prospect, and furthermore, such disputes constitute a dangerous threat to the government of the Village of Mount Pros- pect at all its levels, and are an unlawful action against the people which calls for the exercise by the Village of Mount Pros- pect of its police power in the form of,law to prohibit work stop- pages and strikes and to set penalties for violations, and to pro- vide for the peaceful settlement of such disputes. C. That, in order to minimize the possibility of unresolved con- troversies between the Village of Mount Prospect as a public employer and its employees, it is encumbent upon the Village of Mount Prospect to make available a governmental facility for the adjustment of grievances and controversies relating to the employment so that orderly proceedings can be had to adjust such controversies, because: 1. The paramount interest of the people and the nature of governmental process make it necessary to impose special limitations upon public employment; and 2. Because arbitration and mediation facilities may be lack- ing for the public employees of the Village of Mount Prospect. I SECTION 8.602. Definitions. That, when used in this Chapter, Ithe following words and phrases shall have the meanings respectively lascribed to them hereinbelow, except when the context otherwise r~qUires: ,A. Administrative Aides means any individual employee by the VIllage as I a secretary or assistant to any management personnel. i lB. Appropriate Negotiating Unit means empl?yees of one or more 0: the several departments of the Village recogmzed by law and establ1shed in the Mount Prospect Municipal Code; provided that no negotiating unit may include managerial or supervisory employees who occupy a position of special trust and confidence involving matters of a con- fidential nature, or employees engaged in personnel work in other than a purely clerical capacity. C. Employee Organization means any organization of any kind or any association, agent, or employee representation committee or plan which includes in its membership Village employees and which exists for the purpose, in whole or in part, of dealing with the Village concerning grievances, wages, rates of pay, hours of employment, or conditions of work. D. Employer or Village means the Village of Mount Prospect, Cook County, Illinois. E. Full Time Basis means employment which contemplates the regular rendering of service to the Village amounting to at least thirty-seven (37-1/2) hours per week. F. Management means the Village Manager, Assistant Village Manager, department heads, 8,nd other supervisors. -20- Ii I I G. Management Personnel means persons in management of the Village of Mount Prospect. H. President and Board of Trustees means the President and Board of Trustees of the Village of Mount Prospect. J. Public Employee or Employee means any individual employed by the Village on a full time basis, but does not mean or include: elected officials, members of boards and commissions, the Village Manager, department heads, administrative aides, other supervisors, and any other employee who acts as a representative of the Village for the purpose of collective bargaining. K. Strike means any concerted action of or by public employees of the Village in failing to report for duty or work, the willful absence from one's position, the stoppage of work (including a stoppage by reason of the expiration of an existing collective bargaining agree- ment) , picketing (if the effect of such picketing is to induce any in- dividual not to pick up, deliver, or transport any goods or items, or not to perform any services), the interruption or interference with the operations of the Village, slowdowns, or the abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment. L. Supervisor means any individual who has authority to accomplish any or all of the following: To recommend hiring, firing, transferring, suspending, promoting, and/or discharging other persons; assign and direct work; and/or to adjust compensation. SECTION 8.603. Recognition of Employee Organization. A. Public employees shall have the right to self-organization; to form, to join, or to assist employee organizations; to bargain collectively through representatives of their own choosing; and to engage in other concerted activities for the purpose of collective bargaining. lB. I I I c. Public employees shall have the right to refrain from any or all of the activities enumerated in Paragraph A. of this Section 8.603. The Village, may, but need not, accord any employee organization informal recognition as representative of its member employees where there is no certain exclusive negotiating agent as provided hereinbelow. I I I 1. This informal recognition, if accorded, permits such employee organization to present to the President and Board of Trustees of the Village of Mount Prospect its views on matters of concern to its members to the extent consistent with efficient and orderly conduct; and --21- 2. The Village need not, however, consult with such an employee organization in the formulation of personnel or other policies, except as otherwise provided by this Chapter. D. An employee organization shall be recognized as the exclusive re- presentative of all public employees in an appropriate negotiating unit provided that the following steps shall have first been taken, or the requirements shall have first been made: 1. A petition for a secret ballot election has been filed with the Village Manager. (i) A petition for a secret ballot election may be filed no more frequently than once in each twelve (12) month period May 1st through the following April 30th; and I II (ii) The petition must be filed by an employee organization along with authorization cards signed by at least thirty percent (30%) of the public employees in an alleged appropriate ne- gotiating unit. 2. If the Village Manager voluntarily recognizes that a question of representation exists with respect to the employees of the appro- priate negotiating unit, he shall direct an election by secret ballot and certify the results thereof to the Mayor and Board of Trustees. Such election shall be pursu~nt to the following rules: (i) That no employee organization shall be placed on the ballot if such organization has encouraged or participated in a strike of any of, the employees of the Village within five (5) years of the date of its petition for recognition or if such organization asserts the right to strike against any public employer, or to conduct, assist, or participate in any such strike; (ii) That neither party shall make threats of any nature to in- fluence employee voting. (iii) That the Village shall not make promises of promotions, pay raises, or other benefits to influence an employee vote. However, this provision shall in no way effect the right of the Village to implement any personnel program affecting all Village employees. (iv) That neither the employee organization seeking to be repre- sented nor the Village shall make mis-statements of important facts, nor shall they incite racial, religious, or union dis- crimination or other prejudice by inflammatory appeals. (v) That the Village Clerk of the Village of Mount Prospect shall conduct the election, and said election shall be conducted in the same manner, as nearly as possible, as all other Village elections. -22- I! II ,I P II I! I I I II Ii II ,i II II II 3. Any employee organization shall be certified as the negotiating i agent for the public employees in an appropriate negotiating I unit if it receives affirmative votes from a majority of the eligible d voters in an appropriate negotiating unit. II 4. The Village may elect to cease or refuse to recognize or to ne- Ii gotiate with any group and may terminate any existing agreement II, I with any such group, association, or individual representing such groups or associations where any of the above have been convicted I of violating any federal laws , statutes of the State of Illinois, or I ordinances of the Village of Mount Prospect, provided that the II conviction of any individual was related to his activities on be- I half of such group or association. IISECTION 8.604. Rel'resentation. IIA. Where an employee organization has been certified as the exclusive II representative of employees in an appropriate negotiating unit, it is I i entitled to act for and to negotiate on behalf of such appropriate ne- II gotiating unit for agreements concerning compensation, grievances, Ii personnel practices, and matters effecting general working conditions I i of employees in the appropriate negotiating unit. Ii II I , I I I: I! ,I II 'I I, I! II Ii II ,! Ii II liB. All negotiations and agreements with such erployee organization(s) il are subject to the following requirements: I 1. i ! , I I I II II II II II ....1J. (vi) That the ballot used in such election will contain the name of that group or employee organization as well as the question as to whether such group shall represent an appropriate negotiating unit. Each voter shall have an opportunity to vote "Yes" or "No" with such other modifications on the ballot as can be agreed upon by the Village Manager and the employee organization seeking recognition. 1. It shall be the responsibility for representing the interests of all such employees of the appropriate negotiating unit it represents without discrimination and without regard to specific employee organizational membership, provided that any Village employee at any time may present his grievance adjusted without the in- tervention of the exclusive negotiating representative, but such adjustment may not be inconsistent with the terms of a collective negotiating agreement then in effect, if any. 2. The Village, through its designated representative, shall meet at reasonable times to negotiate on the aforedescribed subjects, shall negotiate in good faith and shall be willing to execute a written agreement or memorandum of agreement incorporating any agreement reached between the Village and the representatives of the employee organization. In the administration of all matters covered by the agreement, the Village and the employees are governed by the provisions of any existing or future laws or regulations which may be applicable and the negotiations and agreements shall at all times be con- ducted and applied subject to such laws and regulations. -23- 2. Management officials of the Village retain the right: (i) To direct Village employees to maintain the efficiency of the Village's operations; and to. determine the methods, means, and personnel with which operations are to be conducted; and (ii) To exercise all other rights of management. Any right not specifically mentioned herein or within the agreement as an employee right is reserved as, and shall be deemed, a right of management. I I I I I; I; II I, ii I ! 3. Membership in an employee organization or the payment of dues, fees, or other charges of any kind to such an employee organi- zation may not be required as a condition of employment for any Village employee. 4. Any arbitration provision in any memorandum of agreement shall provide that the arbitrator has no power to add to or to subtract from or to modify any of the terms of the agreement or to deter- mine the terms of a new agreement. , I , ,iC II . rI " ,I I I I I II 'I II II II II When the employee organization has been certified as the exclusive representative of employees in an appropriate negotiating unit, no employee of such unit, no. employee' s repre~entative, and no ne- gotiating representative to whom this Chapter applies, shall indivi- dually, collectively, directly, and/or indirectly: 1. By written or oral word, solicit, give, or receive, any assess- ment, contribution, or payment for any party or political pro- cess whatever, from any officer of the Village or Village employee; 2. Give or hand over to any organization, party, official represen- tative, candidate, or to anyone else any money or other thing of value on account of or to be applied, directly or indirectly, to the promotion of any political party or political object what- ever; 3. Take any part in the work, management, or affairs of any poli- tical party, or in any political campaign, except to exercise his right as a citizen privately to express his opinion and to cast his vote; 4. Attempt in any way to influence the Village, the President and Board of Trustees, the employee, the employee organization, and/or the fact-finder to obtain for himself or such representative any benefit by the use of political" pressure, or by the threat of use. D. It shall be an unfair practice for the Village, its agents, and represen- tatives: -24- I I' 1. To interfere with, restrain, or coerce public employees in the exercise of their rights guaranteed under the constitutions of the State of Illinois and of the United States; 2. To dominate or interfere with the formation, existence, or adminis- tration of any employee organization; 3. To encourage or to discourage membership in any employee organi- zation by discriminating with respect to hiring, tenure of employ- ment, or any term or condition of employment; 4. To discharge or otherwise discriminate against a public employee because such employee has signed an authorization card, affida- vit, petition, complaint, bargaining agreement, or give any in-- formation to further negotiations under the terms of this Article; 5. To refuse to bargain collectively in good faith with an employee organization which is the exclusive bargaining agent of Village employees, subj ect to the provisions of this Article; 6. To refuse to reduce a collective bargaining agreement in writing and to sign such agreement; and 7. To refuse to comply with the contractual agreement. E. It shall be an unfair practice for employee organizations, their agents or representatives, and public employees; 1. To restrain or coerce other employees in the exercise of their rights guaranteed them under the constitution of the State of Illinois and of the United States; 2. To restrain or coerce the Village in the selection of its represen- tative for the purpose of collective bargaining or the adjustment of grievances; 3. To refuse to bargain collectively in good faith with the Village, if in fact the employee organization is the exclusive bargaining representative of the employee and an appropriate negotiating unit, pursuant to the terms of this Article; 4. To refuse to reduce a collective bargaining agreement in writing and to sign such agreement; 5. To violate any of the rules and regulations established by the Village regulating the conduct of representation elections; 6. To refuse to comply with the terms of a contractual agreement; and 7. To fail to represent fairly all employees in the appropriate ne- gotiating unit which it represents. I I 8. Encourage or participate in any strike or slowdown of public employees within the Village or encourage or participate in any work action that precludes or prevents the performance of regularly assigned duties of public employees within the Village. -25- II 'i II II I I SECTION 8.605. I I A. I I ,I II II II II ,I I! II I II Ii 1/ I II IIF. I i I i I I II II II I I II II I ! i ! II If, after a reasonable period of negotiation over the terms of a basic agreement, a dispute exists between the Village and the employee organization which has been certified as an exclusive negotiating agent, either party shall submit to the other party a panel of three (3) qualified disinterested persons belonging to the Federal Media- tion and Conciliation Service, from which lists of three the parties jointly shall select one (1) person to serve as a fact-finder. 1. In the event the parties are unable to agree upon an arbitrator within seven (7) calendar days after the list has been submitted by one party to the other, they shall jointly request the Federal Mediation and Conciliation Service to submit a panel of five (5) arbitrators. The employee organization shall strike one name and the Village shall strike one name; the employee organization shall strike another name, and the Village shall strike another name; and the person whose name remains upon the list shall be the "fact- finder" . 2. Within thirty (30) days from the date of appointment, the fact- finder shall conduct a hearing and shall make written finding of fact and recommendations for resolution of the dispute and shall cause the same to be served upon the Village and the employee organization. Such findings and recommendations shall not be binding but shall be available and open to the public. 3. The cost of the aforedescribed fact-finding procedure, including compensation for the fact-finder, shall be divided equally be- tween the Village and the employee organization involved. 4. Nothing in this Section 8.604 shall be construed so as to pro- hibit the fact-finder from endeavoring to mediate the dispute. Strikes. Nothing in this Section 8.605 shall constitute a grant of or recognition of any right to strike to any Village employee and such strikes are prohibited. B. The Village employee who violates Paragraph A of this Section 8.605 is subject to disciplinary proceeding, including being discharged from employment by the Village. 1. Such employee's wages or compensation shall cease to accrue as of the moment of such participation in such strike and the Village shall not, in any circumstances, payor cause such em- ployee to be paid wages or compensation for any time of partici- pation in such strike, other than wages or compensation earned before the said employee's participation in such strike. 2. If, under any applicable law or agreement, the employee is entitled to any review procedure for discipline imposed by the Village because of participation in a strike, such review shall be limited to whether or not such employee has violated Paragraph A of this Section 8.605 and the extent of the penalty imposed for such violation shall not be subj ect to review. -26- I ! i II Ii Ii 'I j, 11 I' I I I II Ii JL. I I I I I I , I , i ! , i IJ C. II II Ii !i I, I: Ii " Ii ,I I! II 11 II I i II Ii I , I, liD. II I I I I I IE. ! In the event of a strike by Village employees, the Village may file suit for an injunction, damages, and/or such other relief as may be available to it under any law, including the common law. 1. Such suit may include as defendants any employee organization as well as any individual persons encouraging or participating in such strike. 2. No strike settlement or private agreement between the Village and any of its employees or any employee organization shall be effective to eliminate the power and the duty of the Court in connection with contempt proceedings for violation of any injunc- tion; nor shall any such strike settlement or private agreement be effective to serve the Village's right to damages, if any. However, the party to any such litigation for damages may enter into bonafide settlements of such existing suit upon receiving express approval of the settlement by the Court. Any employee or employee organization, and any individual or organization encouraging or participating in a strike of public em- ployees in the Village shall be disqualified for a period of two (2) years from acting on behalf of any appropriate negotiating unit of employees. whether involved in the strike or not. Any person, firm, corporation, organization, or association who incites, agitates, influences, coerces, or urges a Village employee to strike is guilty of violating this Section 8.605 of this Chapter and shall be fined not less than One Hundred Dollars ($100.00), or more than Five Hundred Dollars ($ 500.00) for each such violation, and each day a violation is found to exist shall constitute a separate violation. I ! I SECTION 8. 606 . I' 1111.lIA. It is hereby declared a misdemeanor for any person to violate any pro- visions of this Chapter. I' liB. II I i Dollars ($100.00). I iSECTION 8. 607. Conflict with Other Limitation.. Law. or Re!(ulation.. I ~. This Chapter does not presume, nor is it intended, to exceed any !I limitations imposed upon the Village by law or to exercise functions not within the Village's power, authority or discretion; nor is it intended to abrogate, repeal or replace any other existing law, rule or regulation to which the village and its employees are now subject. in their relationship with each other or separately, including but not limited to all existing law, and rules and regulations of and concerning the Board of Fire and Police Commissioners. Penalties. Every person convicted of a misdemeanor for a violation of any pro- visions of this Chapter for which another more specific penalty is not provided. shall upon conviction thereof be punished by a fine of not less than Fifty Dollars ($50.00) nor more than One Hundred -27- II 11 Ii II 1/ III lB. II , i i i ! SECTION 8.608. Separability. That, if any section, subsection, sen- 1'1 tence, clause, phrase or portion of this Chapter is for any reason, held i 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 thereof. The Board of Trustees of the Village of Mount Prospect hereby declares that it would have passed the remaining parts of this Chapter if it had known that such part or parts thereof would be declared uncon- stitutional. In the event of any conflict between any of such other limitations, laws, rules or regulations and this Chapter, the former shall control, over any conflicting provision contained herein. ARTICLE VII. SUCCESSION OF OFFICERS SECTION 8.701. Succession in the Event of Emergency. A. In the event that the Village Manager is killed or rendered incapable of performing the duties of such office or position, said office or position shall be filled without further action of the Board of Trustees in the following order of preference until such time as a successor is named and takes office in the manner provided by law: 1. The Coordinator of the Mount Prospect Department of Emergency Services and Disaster; or 2. Assistant Manager; or 3. Personnel Director; or 4. Director of Finance B. In the event that the Village President is killed or rendered incapable of performing the duties of such office, said office shall be filled with- out further action of the Board of Trustees in the following order of preference until such time as a successor is named and takes office in the manner provided by law: 1. The remaining members of the Board of Trustees - senior Trustees utilized first and in alphabetical order if two or more are of the same seniority; or 2. The Village Clerk -28- I I I 1'1 I I ,ISECTION 8.702. Powers and Duties. The person(s) filling such vacan- I cies as provided herein shall exercise all the duties and powers of that I position during the emergency and until such time as a successor can be I appointed or selected in the manner provided by law. " Ii II SECTION TWO: That the Village Clerk be and is hereby directed to publish I the foregoing ordinance in pamphlet form, pursuant to the statutes of the I State of Illinois made and provided. ' I SECTION THREE: That this Ordinance shall be in full force and effect from I and after its passage, approval, and publication in the manner prescribed by law. AYES: 5 NAYS: 0 PASSED this 20th day of September , 1977. APPROVED this 20th day of Rpptpmhpl' , 1977. APPROVED: II /9 / ~ Vill~~~nt4 / ~ - ATTEST: ~~ -{)).~ Village Clerk -29-