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HomeMy WebLinkAboutOrd 4548 05/04/1993 ORDINANCE NO. 4548 AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 2 OF THE VILLAGE CODE OF MOUNT PROSPECT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES the 4th day of May , 1993 PubliShed in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 4th . day of . May , 1993. BH/CAF 4/1/93 4/30/93 ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE II OF CHA~TER 2 OF THE VILLAGE CODE OF MOUNT PROSPECT WHEREAS, in order to conduct the business of the Village, there should be Rules of Order governing various rules and regulations governing how meetings are conducted; and WHEREAS, both State Law and the Village Code of Mount Prospect often require votes of more than a majority of either the Corporate Authorities, the President and Board of Trustees, the Board of Trustees or Trustees, which vote is typically referred to as a super majority or extraordinary vote; and WHEREAS, there are times when a super majority vote is required of those "present and voting" and other times the requirement is a majority of those "holding office"; and WHE~, it is the intention of this Ordinance, in part, to standardize any and all super majority or extraordinary voting requirements regardless of the percentage of who is to be counted, so that any reference in the Village Code to an extraordinary vote or super majority vote is meant to be all- inclusive, whether the requirement is by Statute or local Ordinance. BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Chapter 2 entitled "Board of Trustees of the Village Code of Mount Prospect, as amended, is hereby further amended in its entirety; so that hereinafter said Chapter 2 of the Village Code of Mount Prospect shall be and read as follows: " ARTICLE I GENERAL PROVISIONS SECTION: 2.101. Election; Functions 2.102. Oath; Salary 2.103. Meetings of the Board Sec. 2.101. Election; Functions. The Board of Trustees, consisting of six (6) members, shall be elected to office for a four (4) year term, according to the method provided by Statute. The Board shall be the legislative department of the Village government, and shall perform such duties and have such powers as may be delegated to it by Statute. Sec. 2.202. Oath; Salary. A. Any person duly elected or appointed to sit as a member of the Board of Trustees of the Village, as a Trustee, shall take the oath of office prescribed by Statute and shall receive as compensation for the performance of his duties an annual salary of two thousand dollars ($2,000.00), payable in twelve (12) equal monthly installment. B. Any change in the compensation or fringe benefits provided for Trustees shall be made by ordinance adopted not less than one hundred twenty (120) days nor more than one hundred fifty (150) days prior to the date set for election of Trustees. Chapter 2 Page 2 of 9 Sec. 2.103. Meetings of the Board. A. Regular Meetings. The regular meetings of the Village Board of Trustees shall be held on the first and third Tuesday of each month at the hour of seven thirty o'clock (7:30) P.M.; provided, that if the regular meeting falls on a legal holiday, the meeting shall take place on the next secular day at the same hour. A notice of the change in the date of a regular meeting shall be required to be posted or published. B. Special Meetings. Special meetings may be called by the President of the Village or any three (3) Trustees upon at least twenty-four (24) hours' written notice to each Trustee and the President at their home address as well as posting the Notice at the Village Hall and providing written Notice to members of the media, as may be required by Statute; provided, that if the time and date of the Special Meeting is set at a meeting at which all the members are present then no further notice to the members of the Village Board shall be required. C. Committee Meetings; Committee of the Whole. The Board of Trustees of the Village, sitting as a Committee of the Whole, shall meet on the second and fourth Tuesday of each month at the four of seven thirty o'clock (7:30) P.M.; provided, that, if the meeting date falls on a legal holiday, the meeting shall take place on the next secular day at the same hour. Committee of the Whole meetings shall be included in the annual schedule of meetings of the Board of Trustees prepared and posted pursuant to the Open Meetings Act and no further notice of such Committee of the Whole meetings shall be required. D. Meeting Place. All meetings of the Village Board of Trustees shall be held in the Board Room of the Mount Prospect Senior Citizen Center, 50 South Emerson Street, Mount Prospect, Illinois, unless, pursuant to due and proper notice, another meeting place is selected. Chapter 2 Page 3 of 9 RULES OF ORDER SECTION: 2.201. Conduct of Business 2.202. Order of Business; Regular Meetings Only 2.203. Except to Reading of Minutes of Previous Meeting 2.204. Committee of the Whole 2.205. Other Rules of Procedure 2.206. Enforcement of Decorum 2.207. Veto; Passage Over Veto 2.208. Reconsideration 2.209. Definitions Sec. 2.201. Conduct of Business A. Quorum: A majority of the President and Board of Trustees shall constitute a quorum to do business at any regular or special meeting, unless otherwise provided in paragraph B hereunder. B. President: The Village President shall be the presiding officer of all regular and special meetings of the Board of Trustees and at all times when the Board meets as a Committee of the Whole. C. Ordinances, Resolutions and Motions: 1. With respect to Ordinances, the passage of all Ordinances for whatever purpose shall require: a. Two (2) readings, except that this provision can be waived by a majority of the Board of Trustees present at such meeting; and b. The concurrence of a majority of the President and Board of Trustees then holding office unless this Village Code expressly provides for the concurring vote of a greater number. 2. With respect to resolutions and motions, the passage of the following types of resolutions or motions shall require the concurrence of a majority of the President and Board of Trustees then holding office, unless this Village Code expressly provides for the concurring vote of a greater nu/~ber. a. Resolutions or motions creating any liability against the Village. b. Resolutions or motions for the expenditure or appropriation of the money of the Village. 3. Proposed Ordinances and resolutions shall be circulated among the President and Board of Trustees at least three (3) days prior to the meeting at which the same are scheduled to be considered by the President and Board of Chapter 2 Page 4 of 9 Trustees. This provision may be waived by unanimous consent of those voting on the Ordinance or Resolution. 4. For the purpose of this Article II, a majority shall be more than one-half (1/2) of the President and Board of Trustees then holding office. 5. In certain circumstances Illinois law or this Village Code may require a greater number of concurring votes than is set forth in Section 2.201.C. In each of those instances, regardless of the language of the Statute, there shall be required a concurring vote of five (5) if all seven (7) mer~bers of the Corporate Authorities are present and voting, and a concurring vote of four (4) if less than seven (7) members of the Corporate Authorities are present and voting. Although this schedule is not meant to be exhaustive, this extraordinary vote is required in the following circumstances: a. To override veto of Mayor; V.C. 2.207 (Only the Trustees vote) b. To vacate streets of alleys; 65 ILCS 5/3-11-19 c. To approve Annexation Agreements; V.C.8.510(B) 65 ILCS 5/11-15.1-3 d. To make additional emergency 65 ILCS 5/8-1-6 appropriations; e. To lease or purchase real or 65 ILCS 5/11-76.1-1 personal property; f. To exchange real estate; 65 ILCS 5/11-76.2-1 65 ILCS 5/11-76.2-3 g. To lease equipment or machinery;65 ILCS 5/11-76-6 h. The waive competitive bidding for V.C. 4.103(H) 3 purchase of supplies or equipment. D. Duty to Vote; Exception. While a member of the Corporate Authorities may not be compelled to vote on any question, it is the duty of every member to vote on each question in which the member does not have a conflict of interest as set forth in Section 8.115 of this Code. If a conflict of interest is declared, the member's "abstention" or "pass" or "present" vote shall not be counted on either side of the question. Otherwise, an "abstention" or a vote of "present" or "pass" shall be considered a vote on the prevailing side upon announcing the adoption or rejection of a proposition on the floor. Sec. 2.202. Order of Business; Regular Meetings Only A. Promptly at the hour set by law on the date of each regular meeting, the Village President, Trustees, Village Clerk and Village Manager shall take their places in the meeting room of the Mount Prospect Senior Citizen Center, 50 South Emerson Street, unless notice for the meeting specifies another place. Chapter 2 Page 5 of 9 Bo Immediately thereafter the business of the Board of Trustees shall be taken up in the order found in the written agenda circulated among the President and Board of Trustees prior to the meeting date. C. The written agenda shall set forth the order of business substantially as follows: 1. Call to Order 2. Roll Call 3. Invocation 4. Approval of Minutes of preceding regular meetings and special meetings, if any 5. Approval of Bills and Monthly Financial Report 6. Mayor's Report 7. Communications and Petitions - Citizens to be Heard 8. Trustee Comments 9. Old Business 10. New Business 11. Village Manager's Report 12. Any Other Business (including items for information only) 13. Adjournment D. A waiver of the rules for the purpose of discussing an item not on the written agenda of a regular meeting shall be effective if requested by any two (2) members of the Board and if a majority of those present and voting concur. With respect to a Special Meeting, an item may not be acted upon unless it is on the written agenda. Sec. 2.203. Exception to Reading of Minutes cf Previous Meeting. Unless a reading of the minutes of a previous Board meeting is requested by a member of the Board of Trustees, such minutes may be approved without reading if the Clerk has previously furnished each Board member with a copy thereof. Sec. 2.204. Con~uittees: Reports A. Committee of the Whole: Working sessions and the discussion of Municipal business shall be undertaken by the Village Board of Trustees sitting as a Committee of the Whole. Minutes shall be taken at all committee meetings and the same shall be submitted to the President and Board of Trustees prior to the next regular meeting of said Board. B. Special and Ad Hoc Committees: Special and Ad Hoc Committees may be appointed by the Village President from time to time to fulfill such purpose as the President shall designate. Such committees may be comprised of persons who are not members of the Corporate Authorities. Chapter 2 Page 6 of 9 Sec. 2.205. Other Rules of Procedure. The following rules of procedure shall govern the conduct of all regular, special and committee meetings of the Board of Trustees, although these rules, other than those prescribed by Statute, may be suspended at any time upon proper motion and consent of the majority of the President and Board of Trustees present at any meeting: A. Rule I: The President shall decide all questions of order. B. Rule II: 1. Trustees discussing a question shall address the President and no Trustee has the floor until recognized by the President. 2. No other person may address the Board unless the person is permitted to do so by the President. C. Rule III: A roll call "Ayes" and "Nays" shall be taken and recorded in the journal of proceedings (minutes) for all ordinances, resolutions or motions which Greate any liability against or obligation on the part of the Village, or for the expenditure or appropriation of its money, and in all other instances where requests for a roll call vote are made by any member of the Corporate Authorities. D. Rule IV: Following any hearing of any matter before any other commission or board of the Village, a detailed report of the commission or board meeting, including a recommended order or decision, shall be forwarded to the President and Board of Trustees by the commission or board. 1. The report shall include a minority view and recommendation, if there is any. 2. The President and Board of Trustees shall limit oral argument to ten (10) minutes wherein such argument is made on behalf of petitioners appearing before the Board of Trustees with respect to any report of any commission or board. E. Rule V: Any report of a commission or board which has been referred to the Corporate Authorities for final action shall be deferred to the next regular meeting of the Corporate Authorities upon the written or officially stated request of any member of the Corporate Authorities. The same member may not defer the same question more than one time. F. Rule VI: 1. When a motion is before the Board, no other motion shall be in order but the following: a. To adjourn b. To lay on the table c. To call the question d. To postpone indefinitely e. To postpone to a certain date or time f. To amend Chapter 2 Page 7 of 9 2. These motions are privileged and have precedence in the order in which they succeed each other in this rule. 3. Motions to adjourn, to lay on the table, and to call the question shall be decided without debate. G. Rule VII: A motion to adjourn is always in order, except: 1. When a member is in possession of the floor 2 When the Ayes and Nays are being called 3. When adjournment was the last preceding motion 4. When it has been decided to call the question H. Rule VIII: 1. In all cases where the rules hereinabove are not applicable, the Board shall be governed by parliamentary law as laid down in Robert's Rules of Order, Revised. 2. In all other cases where the rules hereinabove are in conflict with Robert's Rules of Order, Revised, the former shall control the conduct of the meeting. Sec. 2.206. Enforcement of Decorum. A. The Chief of Police, or such member or members of the Police Department as the Chief may designate, shall be Sergeant at Arms at all regular and special meetings of the President and Board of Trustees when so requested by the Village President or any member of the Board of Trustees. The Sergeant at Arms shall carry out all orders and instruction given by the President for the purpose of maintaining order and decorum at the said meetings. Upon instructions of the President, it shall be the duty of the Sergeant at Arms to place any person who violates the order and decorum of the meeting under arrest and cause that person to be prosecuted under the provisions of this Code. B. Any person found guilty under this Section shall be fined not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00) for each offense. Sec. 2.207. Veto; Passage Over Veto A. The President may veto any of the following: 1. A Resolution or motion creating any liability against the Village; 2. A Resolution or motion providing for the expenditure of any Village money; 3. Any Ordinance. No attempted veto on the part of the President shall be effective unless the measure is returned to the Board at the next regular Board Meeting with the written reasons for the veto. Any measure which is not returned to the Board of Trustees with the written reasons for veto shall be deemed adopted despite the President's failure to sign. Chapter 2 Page 8 of 9 B. Passage over veto of President 1. Every measure which has been duly vetoed by the Village President shall be further discussed by the Board of Trustees at the meeting when it is returned. 2. After further discussion, if two-thirds (2/3) of all the Trustees then holding office shall agree to pass the measure, it shall then be effective notwithstanding the President's refusal to approve it. Sec. 2.208. Reconsideration. A. Procedure of Reconsideration. The vote upon the adoption of an ordinance, resolution or motion of the Board may be reconsidered at the same meeting at which the vote was taken or at the next regular meeting on motion of any Trustee not present at the time the ordinance, motion or resolution was adopted, or on the motion of any Trustee previously voting on the prevailing side of the ordinance, motion or resolution. However, no ordinance, resolution or motion shall be rescinded except by the same number of votes which were required to pass the matter sought to be reconsidered. B. Rescinded Action - Special Meetings Only. No vote of the President and Board of Trustees shall be reconsidered at a special meeting, unless there are present at that special meeting as many of the President and Board of Trustees as were present when the vote was originally taken. Sec. 2.209. Definitions. For this purpose of this Village Code,the following definitions shall apply: CORPORATE AUTHORITIES The term Corporate Authorities shall mean the President and Board of Trustees. MAJORITY VOTE: The term majority vote shall be more than one-half (1/2) of the President and Board of Trustees then holding office. MAYOR: The term Mayor shall mean Village President. TRUSTEE: The term Trustee shall mean those persons duly elected or appointed to the Office of Village Trustee. PRESIDENT: The term President shall mean the person duly elected or appointed as Village President. " SECTION TWO: That Section 2.207 herein shall remain in full force and effect until November 30, 1996, at which time it shall automatically lapse unless one of the following has occurred: 1. The Illinois Legislature has acted upon or has pending an actual numbered Bill, the purpose of which is to specify the grant of veto authority to Illinois municipalities with the Chapter 2 Page 9 of 9 same form of government as the Village of Mount Prospect; or 2. The electors of the Village of Mount Prospect have approved, at the November 5, 1996 election, a referendum question specifying the grant of veto authority to the Village President of the Village of Mount Prospect. SECTION THREE: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Clowes, Corcoran, Floros, Hoefert, Wilks NAYS: None ABSENT: Busse PASSED and APPROVED this 4th day of May, 1993. Village President ATTEST: Carol A. Fields' Village Clerk