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HomeMy WebLinkAboutOrd 5753 08/04/2009 ORDINANCE NO. 5753 AN ORDINANCE AMENDING CHAPTER 4 ARTICLE I ENTITLED 'VILLAGE MANAGER' OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS Passed and approved by the President and Board of Trustees the 4th day of August, 2009 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 5th day of August, 2009 ORDINANCE NO. 5753 AN ORDINANCE AMENDING CHAPTER 4 ARTICLE I ENTITLED "VILLAGE MANAGER" OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Sections 4.101 through 4.106 of Article I entitled "Village Manager" to Chapter 4 entitled "Appointed Village Officials" of the Mount Prospect Village Code, shall be amended by deleting Article I, Sections 4.101 through 4.106 in their entirety and inserting in lieu thereof a new Article I, Sections 4.101 through 4.106 which shall be and read as follows: ARTICLE I VILLAGE MANAGER SECTION: 4.101 Office Created 4.102 Appointment and Removal 4.103 Powers and Duties 4.104 Bonds and Compensation 4.105 Hearing Officer For the Purpose Of the Public Safety Employee Benefit Act 4.106 Village Clerk 4.107 Saving Clause 4.101: OFFICE CREATED: The position of village manager, as defined by the Illinois Compiled Statutes, is hereby established. (Ord. 2011, 7-18-1967). 4.102: APPOINTMENT AND REMOVAL: A. The village manager shall be appointed by the president and board of trustees for an indefinite term. The manager shall be appointed without regard to political beliefs, and need not be a resident of the village when appointed, but during his or her tenure of office, shall reside within the village. The manager shall be chosen on the basis of executive and administrative qualifications with special reference to actual iManage:237969 _I experience in or knowledge of accepted practice in respect to the duties of this office. Neither the village president, nor any village trustee shall receive such appointment during the term for which that person will have been elected or within one year after the expiration of such term. B. The village manager may be removed by the president and board of trustees by a majority vote of the entire board at any time. C. Any vacancy in the office of the village manager shall be filled within ninety (90) days after the effective date of such vacancy. In the case of the absence or disability of the manager, the village board may designate a qualified person to perform the duties of the manager during such absence or disability. (Ord. 2011,7-18-1967) 4.103: POWERS AND DUTIES: The village manager shall be the administrative head of the village government and shall be responsible for the efficient administration of all departments. The powers and duties of the manager shall be to: A. Have oversight of the enforcement of the Village's laws and regulations. B. Exercise control of all departments and divisions of the village. C. Appoint and remove department heads, and to appoint and remove all directors of departments, and all other appointed officials and employees except when the appointment power is vested, by law, in the elected officials of the village. No appointment shall be made upon any basis other than that of merit and fitness. The village manager may reallocate duties and responsibilities of the various departments created in this chapter. He or she shall report such reallocation in the duties and responsibilities of any department to the Village Board. D. Attend all meetings of the village board unless excused by the board. The manager shall have the privilege of taking part in the discussion of all matters coming before the board but shall have no vote. The manager shall be entitled to notice of all meetings, regular and special, of the board. E. Recommend to the board of trustees the adoption of such measures as he or she may deem necessary or expedient. F. Prepare and submit to the board of trustees a monthly report of activities of all departments of the village. G. Function as the procurement agent for the village subject to the following: 1. Negotiate and award contracts for or otherwise effect the procurement of (a) services, materials, supplies and equipment; or (b) any public work or improvement; if the expenditure pursuant to such contract iManage:237969_1 does not exceed the amount set forth in appendix A, division I of this code. 2. In circumstances where the amount exceeds or may exceed those set forth in appendix A, division I as stated in (1) above, to procure the goods, services or improvements according to the Illinois Municipal Code or in such other manner as may be approved by the corporate authorities. Specifically, but not by way of limitation, competitive bidding, as set forth in the Illinois Municipal Code, shall not be required when the village exercises the option of purchasing with the state or other governmental unit (30 ILCS 525/1 et seq.) or when the village pursuant to its home rule powers enters into a joint purchasing contract for materials, supplies or equipment with another entity which has conducted competitive bidding for such materials, supplies and equipment. 3. In case of accidents or other circumstances creating an emergency, award contracts, acquire services and make purchases for the purpose of repairing damages caused by the accident or meeting the public emergency. The manager shall file, within fourteen (14) days with the village board, a report describing the emergency and the necessity of such action, together with an itemized account of all expenditures. H. Perform such other duties as may be prescribed by Article 5 of the Illinois Municipal Code or as may be required of him or her by ordinance or resolution of the board of trustees. I. The village manager, in his or her sole discretion, may delegate any duty or obligation assigned to the office of the village manager to any other employee or agent of the village. 4.104: BONDS AND COMPENSATION: The village manager shall furnish a public employee's fidelity and performance surety bond in the amount as set forth in appendix A, division I of this code. The premium of the bond shall be paid by the village. The village manager shall receive such compensation as the village board shall fix from time to time. (Ord. 2011,7-18-1967; amd. Ord. 5189, 5-15-2001) 4.105: HEARING OFFICER FOR THE PURPOSE OF THE PUBLIC SAFETY EMPLOYEE BENEFITS ACT: The village manager shall act as a hearing officer under the public safety employee benefits act (820 ILCS 320/1 et seq.). The manager shall, as hearing officer, conduct hearings and make determinations as to whether or not any employee of the village, who is subject to the act, is entitled to the benefits provided by that act. The decision of the manager shall be a final administrative determination of the village and iManage:237969_1 may be appealed to the circuit court under the administrative review act. (Ord. 5420, 3- 16-2004) 4.106: VILLAGE CLERK: The village clerk shall be under the direction and supervision of the village manager. The village clerk shall have the duties set forth in 65 ILCS 5/3.1-35-90 and such powers and other duties as may be assigned by the village manager. The village manager shall be and function as a deputy village clerk and as such may exercise the powers and duties of the village clerk. 4.107: SAVING CLAUSE: If any section, subsection, or sentence, clause or phrase of this article is for any reason held invalid, such decision or decisions shall not affect the validity of the remaining portions of this article. All ordinances of the village prescribing the duties of heads of departments shall remain in full force and effect except insofar as they conflict with the provisions of this article in which case the provisions of this article shall govern. (Ord. 2011, 7-18-1967; amd. Ord. 5420, 3-16-2004) SECTION 2: Section 4.511 entitled "Creation, Appointment, Term and Removal of Village Clerk" , Section 4.512 entitled "Duties of the Village Clerk" and Section 5.13 entitled "Deputy Clerk" of Article V entitled "Finance Department" of Chapter 4 of the Mount Prospect Village Code shall be amended by deleting Sections 4.511,4.512 and 4.513 in their entirety and "Reserving" each section. SECTION 3: Section 4.504 entitled "Duties of Director" of Article V entitled "Finance Department" of Chapter 4 of the Mount Prospect Village Code shall be amended by adding a new subparagraph (d) to paragraph (K)(2) which shall be and read as follows: (d) The mayor and board of trustees shall make the annual budget conveniently available for public inspection for at least ten (10) days prior to the passage of the annual budget, by publication in the journal of the proceedings of the mayor and board of trustees or in such other form as they may prescribe. Not less than one week after the publication of the annual budget, and prior to final action on the budget, the mayor and board of trustees shall hold at least one public hearing on the annual budget. Notice of this hearing shall be given by publication in a newspaper having a general circulation in the municipality at least one week prior to the time of hearing. iManage:237969_1 SECTION 4: Appendix A, Division I entitled "Bonds, Salaries, Insurance and Miscellaneous" of the Mount Prospect Village Code shall be amended by deleting Section 4.103 under Chapter 4 "Appointive Village Officers" in its entirety and inserting a new Section 4.103 entitled "Powers and Duties" under Chapter 4 which shall be and read as follows: Section 4.103: POWERS AND DUTIES: H. Contracts where expense exceeds $20,000.00, purchase orders, contracts for labor, materials, equipment or supplies involving amounts in excess of $20,000.00 awarded to the lowest bidder. 4. Less than $20,000.00. SECTION 5: 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: Hoefert, Juracek, Korn, Matuszak, Pol it, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 4th day of August, 2009 A~ . ;;: 1Id/A= Irvana K. Wilks Mayor ATTEST: '7l? '~d 4.f 1) J M. Lisa ngell , Village Clerk H: \CLKO\WI N\ORDI NANCE2\amendchapter4aug2009. DOC iManage:237969_1