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HomeMy WebLinkAboutOrd 6149 08/05/2014 Amending Chapter 5, Articles II through XVIII ORDINANCE NO. 6149 AN ORDINANCE AMENDING CHAPTER 5, ARTICLES II THROUGH XVIII OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS HOME RULE POWERS: SECTION 1: Articles II through XVIII of Chapter 5, entitled "Boards and Commissions" of the Mount Prospect Village Code, shall be deleted in their entirety and replaced with the following: Article II GENERAL REQUIREMENTS — BOARD AND COMMISSIONS 5.200: APPLICABILITY: The general requirements of this Article II apply to all boards and commissions established under this Chapter 5, other than the library board of trustees, and apply only to the extent that the village code or state law does not provide otherwise. Commission for purposes of this Article shall include committees and subcommittees of any board or commission to the extent applicable. 5.201: APPOINTMENT: A. Training: No later than 30 days after the appointment of any board or commission member, the appointee must have completed the training required by the Illinois Open Meetings Act, 5 ILCS 120/1.05. B. Dual Appointment: Other than the board of fire and police commissioners, finance commission, audit commission and planning and zoning commission, two (2) persons may be appointed to hold and share a single membership on a board or commission, provided each must otherwise be qualified to serve as a member. Only a single vote may be cast even when both are present at a meeting. C. Appointment: 1. The Mayor shall appoint, with the consent of the Board of Trustees, each member of a board or commission. All vacancies shall be filled for a term determined by the Village President; either unexpired or new term. 2964535 1 2. No appointment or reappointment to any board or commission shall be made by the m a y o r within thirty (30) days of the expiration of the m a y o r s term of office. D. Terms 1. If recommended by the mayor and confirmed by a majority of the board of trustees, a member of a board or commission may serve an unlimited number of successive terms. 2. The term of a member of a board or commission shall not terminate or expire until a successor shall have been appointed and qualified. E. Eligibility: A member of a board or commission shall be a resident of the village, except as otherwise specifically provided in this chapter. 5.202: CHAIRPERSON, VICE - CHAIRPERSON: The chairperson of each village board or commission shall be appointed by the mayor with the consent of the board of trustees. The vice - chairperson and secretary, if any, shall be appointed by the respective board or commission. In the absence of the chairperson, the vice - chairperson or, in the absence of the vice- chairperson, a temporary chairperson elected by the board or commission, shall act as chairperson and shall have all the powers of the chairperson. 5.203: ORGANIZATION AND RULES: Each village board or commission shall generally follow Roberts Rules of Order, the Open Meetings Act and the dictates of the Municipal Code. 5.204: REMOVAL FROM OFFICE: Unless otherwise prescribed by statute or this code, any board or commission member may be removed by the mayor for failure to attend meetings, inattention to duties or any other cause. The mayor must report the reason for the removal to the board of trustees at a meeting to be held not less than five (5) days nor more than ten (10) days after the removal. If the mayor fails or refuses to report to the board of trustees the reasons for the removal, or if the board of trustees by a two- thirds (2/3) vote of all the members of the board of trustees disapprove of the removal, the member of the board or commission shall be restored to membership on the board or commission in question. 5.205: COMPENSATION: A member shall serve without compensation unless provided otherwise by the mayor and board of trustees. Authorized expenses shall be reimbursed in accordance with applicable village regulations. 5.206: MEETINGS: A All meetings (and hearings) of the boards and commissions shall be public meetings held in accordance with the Illinois Open Meetings Act. 2 B. A quorum shall be a majority of the members of a board or commission. A quorum shall be a majority of the duly appointed and serving members of any board or commission, such that a vacancy in a position of commissioner shall not be counted in determining a quorum. C. No business of a board or commission shall be conducted without a quorum. If less than a quorum is present, the meeting may be adjourned as provided in the Illinois Open Meetings Act. D. A written agenda shall be posted pursuant to the Illinois Open Meetings Act, and shall set forth the order of business substantially as follows: 1. Call to order. 2. Roll call. 3. Approval of minutes of the preceding regular meeting and special meetings, if any. 4. Chairperson's report. 5. Communications and petitions- citizens to be heard. 6. Old business. 7. New business. 8. Any other business (including items for information only) 9. Announcement of the next meeting date. 10. Adjournment. The order of the items on the agenda may be modified or rearranged, and additional items may be discussed, by the chairperson with consent of the respective board or commission. In the case of a special meeting, no items may be discussed that are not on the posted agenda. E. Written minutes and records of hearings shall be kept of all meetings and hearings, and those minutes and records shall be available for examination in the office of the village clerk during regular business hours in accordance with the Illinois Open Meetings Act. F. The chairperson may call for special meetings as needed. G. The village board, by resolution and upon ninety (90) days written notice to the respective chair, may place any non - statutory board or commission on inactive status. Inactive status shall mean that the board or commission shall neither meet nor undertake any action of any kind or nature. Any board or commission which has been on inactive status for more than thirty -six (36) months shall lapse by operation of law and may not be reactivated except by ordinance. 5.207 CITIZENS TO BE HEARD - PARTICIPATION GUIDELINES AT PUBLIC MEETINGS: In accordance with the requirements of section 2.06(g) of the Illinois Open Meetings Act, 5 ILCS 120/2.06(g), any person attending a public meeting of any board or commission shall be permitted to address the public officials on any subject germane to that board, committee, subcommittee or commission during the public comment period. 3 A. Each person shall state his or her name and address at the start of his or her public comment. B. Each person may provide pre - prepared copies of his or her public comments prior to, during or after the public comment session. C. Public comment related to an agenda item may be reserved for discussion on the specific item. D. Abusive, foul or other inappropriate language or conduct and /or personal attacks are not permitted. E. The village president or chair has the authority to terminate the public comments of any person who fails to adhere to these guidelines. A person may appear in person or may be represented by duly authorized agents or attorneys. Article III BOARD OF FIRE AND POLICE COMMISSIONERS 5.300: MEMBERSHIP, APPOINTMENT, QUALIFICATIONS: The board of fire and police commissioners ( "BOFPC ") shall consist of either three (3) or five (5) members as the mayor may from time to time deem appropriate. The members shall be officers of the village, and as such, shall be sworn in by the village clerk and file an oath of office and such other documents as may be required by law. (Ord. 5679, 3 -4 -2008) 5.301: GENERAL REQUIREMENTS: The general requirements set forth in Article II apply to the BOFPC to the extent not specifically otherwise provided herein. 5.302: TERM, VACANCIES, REMOVAL, CHAIRPERSON: The term of office of the members of this BOFPC shall be three (3) years. However, the mayor may appoint a person for a lesser term if that lesser term will be in the best interest of the village. Members shall be subject to removal for any reason, upon the affirmative vote of five (5) members of the mayor and board of trustees. The chairperson shall be appointed for a term of twelve (12) months. At the discretion of the mayor, the chair may continue to serve as a member upon the appointment of a new chair. (Ord. 5679, 3 -4 -2008) 5.303: AUTHORITY: The BOFPC derives its authority from this article pursuant to the home rule power of the mayor and board of trustees of the village. (Ord. 5679, 3 -4 -2008) 5.304: GENERAL DUTIES OF THE BOFPC: 4 The BOFPC shall have only those duties as set forth in this article or as otherwise may be provided in this code and as may be required by the terms of a valid collective bargaining agreement of the police and /or fire department. (Ord. 5679, 3 -4 -2008) 5.305: REGULATIONS: The BOFPC shall make rules to carry out the purpose of this article and chapter 4, articles VIII and IX of this code as pertaining to the hiring, promotion, and discipline of police officers or firefighters. Such rules shall be subject to the approval of the village board. (Ord. 5679, 3 -4- 2008) 5.306: REPORTS OF THE BOFPC: The BOFPC shall, on or before March 15 of each year, submit to the mayor a report of its activities and any suggestions which the BOFPC believes would result in greater efficiency in the fire or police department. The mayor shall transmit the report to the village board. (Ord. 5679, 3 -4 -2008) 5.307: SECRETARY OF THE BOFPC: The BOFPC shall elect one of its own members as official secretary. The secretary shall keep the minutes of the BOFPC's proceedings; shall be the custodian of all papers relating to the business of the BOFPC and shall perform such other duties as the BOFPC may from time to time prescribe. The village manager may appoint a village employee to act as the BOFPC's recording secretary. (Ord. 5679, 3 -4 -2008) Article IV ECONOMIC DEVELOPMENT COMMISSION 5.400: PURPOSE: It is recognized by the mayor and board of trustees of the village that the economic stability of the Village is dependent on a strong and diverse commercial base. A municipality which desires to attract and retain a vital business community must be sensitive to the complex factors which influence today's marketplace. It is also recognized that Mount Prospect currently has a wealth of expertise of business leaders within the community who are familiar with the peculiar problems and strengths of the Village. For this reason, it is desirable to form the economic development commission, which draws upon the talents of these leaders to optimize Mount Prospect's opportunities to attract and retain successful businesses. (Ord. 4469, 9 -15 -1992; Ord. 4738, 7 -5 -1995) 5.401: CREATION AND MEMBERSHIP: There is created a permanent commission which shall be known as the economic development commission. The membership of this commission shall be constituted as follows: A. The commission shall consist of seven (7) members. The chairperson shall serve no more than two (2) consecutive terms as chairperson. In addition to the seven (7) members appointed to this commission, the director of community development or his /her designee shall serve ex officio. 5 B. Appointments shall be staggered for four (4) years. C. Economic development commission members shall be chief executive officers or similar positions of businesses or corporations in the village, business owners or entrepreneurs, or residents with expertise in business development. Members of the commission are not required to be village residents. D. The membership shall be broadly representative of the business community in the following respects: 1. Geographical location; 2. Type of business, i.e., retail, real estate, financial, industrial and service; 3. Educational background; and 4. Experience background. E. Immediately upon its organization, the commission shall select from its membership a vice chairperson and a secretary. The persons so selected shall serve for terms of one year and may be reelected. (Ord. 4469, 9 -15 -1992; Ord. 4738, 7 -5 -1995; Ord. 4820, 9 -3 -1996) 5.402: GENERAL REQUIREMENTS: The general requirements set forth in Article II apply to the economic development commission to the extent not specifically otherwise provided herein. 5.403: MEETINGS: A. The commission shall meet as required but at least quarterly on the first Thursday of the month. Special meetings may be called by the mayor, the commission chairperson, or by any four (4) members of the commission. (Ord. 4469, 9 -15 -1992; Ord. 4738, 7 -5 -1995) 5.404: OBJECTIVE AND ROLE OF THE ECONOMIC DEVELOPMENT COMMISSION: The objective of the commission shall be to encourage and facilitate economic growth throughout the village. The commission shall function as advisor to the village board on the following economic development goals and objectives: A. Develop a local economic development action plan. B. Prepare appropriate economic developmental promotional materials. C. Evaluate and select promotional opportunities for local business development efforts. D. Target specific companies or industries for business attraction efforts. E. Participate in the business visitation program and evaluate findings of program progress. F. Identify areas of joint interest for projects with the Mount Prospect Chamber and Mount Prospect Downtown Merchants Association. 6 H. Recommend and evaluate legislative action of the village board whose purpose would be the assurance of the health of the Mount Prospect business community. (Ord. 4469, 9 -15- 1992; Ord. 4738, 7 -5 -1995) 5.405: ANNUAL REPORT: Each December, the commission shall make an annual report to the mayor and board of trustees with respect to the following: A. Business development in the village during the previous calendar year. B. Current general business climate within Mount Prospect. C. Specific activities of the commission within the past twelve (12) months. D. Economic prospects and trends for the Village. E. Recommendation of measures with respect to economic development that should be considered by the corporate authorities in the following twelve (12) months. (Ord. 4469, 9- 15 -1992; Ord. 4738, 7 -5 -1995) Article V PLANNING AND ZONING COMMISSION 5.500: CREATION AND MEMBERSHIP: A planning and zoning commission is hereby created. A. Regular Members: commission shall consist of six (6) regular members. B. Chair: In addition to the six (6) regular members, the chairperson shall be a deliberative and voting member of the commission. C. Associate Member: The village president, with the consent of the trustees, shall appoint one associate member, who shall be a deliberative member in all instances and a voting member when one or more regular members or the chair is absent. D. Term: Each member of the commission, including the chair and the associate member, shall serve for a term of five (5) years. The chair shall serve no more than two (2) consecutive terms as chair. These terms shall be staggered to assure that no more than three (3) members' terms expire in the same year. E. Quorum: A quorum shall be four voting members. (Ord. 5219, 11 -6 -2001) 5.501: GENERAL REQUIREMENTS: The general requirements set forth in Article II apply to the commission to the extent not specifically otherwise provided herein. 5.502: ORGANIZATION: 7 A. The mayor and board of trustees of the village may provide by resolution for the compensation of the members and chair of the commission. B. The commission shall adopt rules for the conduct of its hearings and meetings, which rules shall not conflict with this article. Such rules may include the creation of a committee authorized to conduct the appropriate public hearings at any time two (2) or more members of the commission are present. Such a committee may not conduct hearings or render a decision in any matter which requires an affirmative vote of three (3) or more members. Except for meetings of the aforementioned committee of two (2), the presence of four (4) members shall constitute a quorum. 1. In the case of meetings when no public hearing is to be conducted, the rules shall provide that business may be conducted if a simple majority of the currently filled commission positions are present. 2. For the purpose of determining a quorum at meetings and members present at public hearings, the chair and the associate member shall be considered members of the commission. (Ord. 5219, 11 -6 -2001) 5.503: PUBLIC HEARINGS AND MEETINGS: A. Hearings and Meetings Generally: 1. Generally, a public hearing is a gathering of the commission, the purpose of which is to take testimony from and permit comment by petitioners and interested parties. A meeting is a gathering at which the commission deliberates and votes with respect to matters before it. B. Regular Meetings: The regular meetings of the commission shall be held on the second and fourth Thursday of each month at the hour of seven thirty o'clock (7:30) P.M., or at such time or date as may be designated by the chairperson, following proper notice as described in section 14.203 of this code. 1. No testimony shall be taken and no witnesses may be heard except at a properly convened public hearing. 2. All testimony shall be given under oath and a summary of such testimony and proceedings shall be subsequently prepared by the recording secretary. Any petitioner or other interested party may provide, at his /her own expense, a court reporter to transcribe testimony given in any case so heard by the commission, provided that the department of community development is given a copy of the transcript. 3. The chairperson, or in the chairperson's absence, the vice chairperson shall administer or authorize the administration of oaths and may compel the attendance of witnesses. 4. No vote shall be had at any public hearing unless the commission shall by notice provide that such public hearing shall also be deemed a meeting and minutes of the hearing are maintained by the secretary. 5. The director of community development is authorized to make such additional charges to any petitioner as may be necessary to cover the costs of the village in the event the filing fees are insufficient to cover the cost of the application, review and public hearing. 8 C. Procedure: All meetings shall be held at the call of the chair and at such other times as the said commission may determine by rule. 1. The commission shall keep minutes of its meetings, indicating the vote of each member upon every question or any absence or failure to vote. 2. The commission shall make its decision or its determination on all matters presented to it within a reasonable time. The following shall apply to such decision making: a. The commission may reverse or confirm, wholly or partly, or may modify or amend any order, requirement, decision or determination, appealed from to the extent and in the manner the commission may decide to be fitting and proper, subject to the provisions contained in this article, chapter 14 of this code or under applicable law. (1) The concurring vote of four (4) members shall be necessary to reverse any zoning determination of the director of community development. A concurring vote of the majority of those in attendance shall be required to approve any variation or to make a positive recommendation with respect to any variation. b. In all instances where the decision of the commission is final, such decision shall be a final administrative determination and shall be subject to review by a court of law in the manner provided by applicable Illinois statutes. D. Special Meetings: All special hearings shall be held at the call of the chairperson and at such other times as the commission may determine. All of the foregoing rules and regulations governing the conduct of hearings before the commission at regular meetings shall apply to hearings at special meetings. (Ord. 5219, 11 -6 -2001; amd. Ord. 5336, 5 -20- 2003) 5.504: JURISDICTION: The commission is hereby vested with the following jurisdiction and authority and it shall be its duty: A. To hold public hearings on requests for amendments to chapter 14 of this code and forward its findings and recommendations on such requests to the president and board of trustees of the village. B. To hear and decide appeals from any zoning determination made by the director of community development in the administration or enforcement of chapter 14 of this code. C. To hear and decide or forward recommendations as is appropriate for variations, conditional uses and /or relief from the regulations and restrictions contained in chapter 14 of this code. D. To hear and decide or make recommendations on such other matters as may be committed to the jurisdiction of the commission by other ordinances of the village or at the direction of the mayor and board of trustees of the village. E. To hear and decide all requests for variations, special uses and appeals pursuant to the village sign ordinance, chapter 7 of this code. 9 F. To hear and forward recommendations on all requests for exceptions to chapter 16 of this code. G. To prepare, amend and recommend to the mayor and board of trustees of the village an official comprehensive plan ( "the plan ") for the present and future development or redevelopment of the village. The official comprehensive plan and its amendments shall be accomplished in accordance with section 5.505 of this article. H. To recommend changes, from time to time, in the official comprehensive plan after review and public hearing. I. To give aid to the municipal officials charged with the direction of projects for improvements embraced within the plan, and to generally promote the realization of the plan. J. To review and recommend the denial or the approval of plats of subdivision. 1. No map or plat of any subdivision or resubdivision presented for recording, affecting land within the corporate limits of the village, or contiguous territory outside of, but not more distant than one and one -half (1'/ miles from such limits of the village, shall be entitled to be recorded or shall be valid unless the subdivision shall meet the subdivision regulations as set forth in the village's development code and otherwise conform to any requirements shown in the official comprehensive plan of the village. 2. The procedures for review of such maps or plats of subdivision shall be as established within the subdivision regulations of the village which are a constituent part of the development code. K. With respect to the village's community development block grant funds: 1. Conduct public hearings where required by law; 2. Review requests for funding from nonvillage agencies and make recommendations with respect to such requests. L. To make recommendations to the mayor village board with respect to the village's development, review and planning processes. M. To recommend regulations, projects and programs pertinent to the development, redevelopment and renewal of the village and such surrounding territory over which the village exercises subdivision jurisdiction. N. To exercise such other powers as may be conferred by the corporate authorities. (Ord. 5219, 11 -6 -2001) 5.505: THE OFFICIAL COMPREHENSIVE PLAN The commission shall carry out its responsibilities with respect to the official comprehensive plan according to the following: A. After receiving a proposed comprehensive plan or an amendment to an existing comprehensive plan, the commission shall hold a public hearing to consider such plan or amendment. 10 1. Not less than fifteen (15) days prior to the public hearing, notice of the proposed hearing, setting forth the time and date and place shall be given by publication in a newspaper of general circulation in the village and the contiguous unincorporated area. 2. The hearing may be recessed to another date if not concluded; provided, notice of the time and place is publicly announced at the hearing at the time of such recess or notice is given by newspaper publication not less than five (5) days prior to the rescheduled hearing. B. No testimony regarding the comprehensive plan or any amendments shall be taken, and no witnesses heard, except at a properly convened public hearing of the commission. C. No comprehensive plan or amendment shall be adopted by the mayor and board of trustees that has not been submitted to the commission for review, public hearing and recommendation. D. The plan may be adopted in whole or in separate geographical or functional parts, each of which, when adopted, shall be the official comprehensive plan or a constituent part of the comprehensive plan of the village. E. The plan, by its very terms, may be made applicable to land situated within the corporate limits of the village and contiguous territory not more than one and one -half (1 1 /2) miles beyond the corporate limits of the village. F. The plan may designate land suitable for annexation to the village, along with recommended zoning classification for such land upon annexation. G. The plan shall be the primary planning guide of the village, but shall not be construed to actually regulate or control the use of private property which is the function of the zoning ordinance and official maps. H. The official comprehensive plan and any ordinances implementing it shall be on file with the village clerk and shall be available at all times during regular business hours for public inspection. I. Within ninety (90) days after the conclusion of the public hearing held by the commission, the commission shall make its written recommendation to the mayor and board of trustees. If the commission fails to make such written recommendation within ninety (90) days, then the mayor and board of trustees may proceed to consider adoption of such comprehensive plan or portion of the comprehensive plan or an amendment to an existing comprehensive plan in the same manner as if the commission had made a written recommendation. 1. After consideration of the recommendation of the commission of a proposed amendment to the comprehensive plan, the mayor and board of trustees shall either adopt the comprehensive plan or amendment in whole or in part or reject the entire comprehensive plan or amendment. 2. If approved, the mayor and board of trustees of the village shall enact the ordinances necessary to give effect to the plan. 3. If, at the expiration of one hundred eighty (180) days after the recommendation of the commission to the mayor and board of trustees, the mayor and board of trustees have taken no formal action, the comprehensive plan or amendment may not be acted upon by 11 the mayor and board of trustees without renewing the public notice and public hearing process. J. The plan and its amendments, if approved and adopted, shall become effective upon the expiration of ten (10) days after the date of filing notice of such adoption with the Cook County recorder of deeds. K. Copies of the plan, all ordinances implementing it, and the official map, shall be available to any interested party. (Ord. 5219, 11 -6 -2001) Article VI FINANCE COMMISSION 5.600: CREATION AND PURPOSE: In that it is useful to the economic welfare of the village, there is hereby created a citizens' commission which shall be known as the finance commission of the village. The finance commission shall advise and assist the mayor and board of trustees in the maintenance of a sound tax structure and overall fiscal policy for the village'. (Ord. 2722, 7 -19 -1977; Ord. 4738, 7- 5 -1995; Ord. 5146, 10 -3 -2000) 5.601: GENERAL REQUIREMENTS: The general requirements set forth in Article II apply to the commission to the extent not specifically otherwise provided herein. 5.602: MEMBERSHIP: A. There shall be seven (7) voting members of the commission. 1. The chairperson shall serve no more than two (2) consecutive terms as chairperson. 2. Appointments shall consider the appointee's background relating to municipal finance and planning. 3. The term of office for this commission shall be four (4) years. Terms may be adjusted by the mayor and village board to assure that no more than three (3) terms end in any particular year. (Ord. 2585, 9 -2 -1975; Ord. 4738, 7 -5 -1995; Ord. 4820, 9 -3 -1996; Ord. 5146, 10 -3 -2000) 5.603: ORGANIZATION: A. The finance commission shall select from its membership a vice chairperson and a secretary who shall serve for terms of one year, and may be reelected to the same position. (Ord. 2585, 9 -2 -1975; Ord. 4738, 7 -5 -1995; Ord. 5146, 10 -3 -2000) 5.604: DUTIES AND RESPONSIBILITIES: In advising and assisting the mayor and board of trustees, the finance commission shall have the following duties, which shall be executed in the public interest and to promote the financial stability of the village: 12 A. To review the proposed budget and make recommendations to the village board as the commission deems appropriate. B. To make findings and recommendations regarding village finances, from time to time as it shall deem useful. C. To make findings and recommendations regarding such charges as the mayor or the board of trustees may make to the commission from time to time. (Ord. 2722, 7 -19 -1977; Ord. 4738, 7 -5 -1995; Ord. 5146, 10 -3 -2000) 5.605: MEETINGS: The finance commission shall meet on the fourth Thursday of each month, unless notice of cancellation is given by the chair or finance director. (Ord. 5146, 10 -3 -2000) Footnote 1: See chapter 4, article V of this code for provisions relating to the finance department. Article VII COMMUNITY RELATIONS COMMISSION 5.700: ESTABLISHMENT AND STATEMENT OF MISSION: There is hereby established a community relations commission. The mission of the commission shall be to foster and promote understanding, mutual respect, cooperation and positive relations between and among all residents of the village of mount prospect regardless of race, color, sexual orientation, religion, gender, age, disability, national origin or ancestry to the end that a sense of shared community among residents is strengthened, the value of each individual is affirmed and the constitutional rights of all are realized. (Ord. 5228, 12 -18 -2001) 5.701: GENERAL REQUIREMENTS: The general requirements set forth in article II apply to the commission to the extent not specifically otherwise provided herein. 5.702: MEMBERSHIP: The commission shall consist of five (5) members. The terms shall be established so that no more than two (2) terms end at the same time and so that subsequent members' terms will be for three (3) years ending on April 30 of the final year of service. A member of the board of trustees may serve on the commission, but the commission will not be required to have a trustee as a member. There shall be no quotas for assuring diversity of membership on the commission, but appointments shall be made with diversity as a primary objective. (Ord. 5228, 12 -18 -2001) 5.703: FUNCTIONS: The commission shall act in an advisory capacity to the mayor and the board of trustees subject to the provisions of this article and shall: 13 A. Assist residents in discovering opportunities to gather, contribute, volunteer and participate in neighborhood and community events and services. B. Cooperate with and enlist the aid of other commissions, organizations, schools, religious institutions and neighborhood and civic groups in actively promoting goodwill and understanding among the people of the community. C. Receive, hear and investigate noncriminal complaints or charges of practices of discrimination or acts of prejudice or intolerance against any person or group because of race, color, religion, ancestry, national origin, gender, sexual orientation, age or disability by a village official and to make recommendations for the resolution of such matter. D. Initiate or conduct educational or informational programs if the commission believes that acts of intolerance are occurring within the community or if the commission believes that programs will further the purpose for which it was established. E. Receive, investigate and hear complaints of unlawful real estate practices according to chapter 23, article XII of this code. F. Coordinate the amicable settlement of disputes between or among residents through mediation and conciliation services. G. Render an annual written report to the mayor and board of trustees and issue such special reports concerning its work and investigations as it and the mayor and board of trustees may consider desirable. H. Perform such other duties and exercise such other powers as the mayor and board of trustees may assign to it. I. Have the power and authority to solicit and /or accept contributions of cash and in -kind services or products in furtherance of its functions as set forth in this section. The commission shall have no jurisdiction over decisions, legislation or determinations of the village board or its members for actions taken while sitting as the village board. Further, the commission shall have no jurisdiction to hear appeals, complaints or grievances from or based on actions or decisions of the planning and zoning commission, the local liquor control commissioner or any village hearing officer with respect to business licenses or zoning or building code matters. Likewise, the commission shall have no jurisdiction to hear complaints lodged by village employees. (Ord. 5228, 12 -18 -2001; amd. Ord. 5501, 7 -19 -2005) 5.704: DEFINITIONS: The following terms shall have the following meanings when used in these rules of procedure: ANSWER: A reply to a complaint, verified on oath, and filed with the commission, in the manner and form set forth in these guidelines. CODE: The Mount Prospect village code (1981), as it has been and may be amended from time to time. COMPLAINANT: Any person or persons that has filed a complaint with the commission. For purposes of this article complainant shall not include employees of the village. 14 COMPLAINT: A written allegation on a form supplied by, and filed with, the commission alleging an act of discriminatory conduct committed by an official of the village. DISCRIMINATORY CONDUCT: An act of discrimination committed by an official of the village against a person because of his or her race, color, sexual orientation, religion, gender, age, disability, national origin or ancestry. RESPONDENT: Any person or persons who is a village official and is accused by a complainant of engaging in discriminatory conduct against a complainant. SUPERVISOR: The current head of the village department in which the respondent was employed at the time that the discriminatory conduct was alleged to have occurred. VILLAGE: The Village of Mount Prospect, Cook County, Illinois. VILLAGE BOARD: The mayor and trustees of the Village of Mount Prospect, Cook County, Illinois. VILLAGE OFFICIAL: An officer or employee of the village. (Ord. 5228, 12 -18 -2001) 5.705: COMMISSION ORGANIZATION: A. Creation of Subcommittees: The chairperson, with the consent of a majority of the voting members present at the meeting at which the consent vote is taken, may establish and appoint a subcommittee chairperson and members to such subcommittees of the commission as may be necessary from time to time to make reports to the full commission in connection with the duties assigned to the commission. B. Secretary of the Commission: The village manager shall appoint a staff liaison to the commission who shall be the secretary of the commission. The secretary shall not be considered a member of the commission and shall not vote on any matters. (Ord. 5228, 12 -18 -2001) 5.706: COMMISSION MEETINGS: A. Recording of Meetings: All hearings on complaints shall be audio taped or recorded by a certified stenographic reporter. B. Regular Meetings: The commission shall hold its regular meetings not less than quarterly, but may meet more often if the commission or the mayor and board of trustees deem it necessary. The commission shall establish a schedule of its regular meetings for each calendar year prior to the beginning of each calendar year. All meetings shall be held on village property unless otherwise approved by the village manager. C. Special Meetings: The commission may call and conduct such special or emergency meetings as it determines may be necessary from time to time. D. Workshops: The commission may hold such workshop sessions as it determines may be necessary from time to time. E. Closed Meetings: The commission may hold meetings or portions of meetings that are closed to the public only in accordance with applicable law. 15 F. Notice of Absence: Any member of the commission, who is unable to attend any meeting, shall notify the chairperson, his or her designee, or the staff liaison. Such notice shall be provided as far in advance as is practical under the circumstances. (Ord. 5228, 12 -18 -2001) 5.707: ORDER OF BUSINESS; AGENDAS: A. Establishing the Agenda: The chairperson shall establish the items to be included on the agenda for each meeting of the commission. In establishing each agenda, the chair shall consider the number of pending complaints and other agenda items, the complexity of such matters, and any applicable time constraints for the processing of such matters. B. Order Of Business: each agenda may contain the following additional item before Old Business: 1. Discriminatory Conduct Complaints: a. Reports: Consideration of reports of findings and commission recommendations. b. Continued Complaints: Consideration of complaints for which the hearing or meeting has previously been convened and continued by the commission and on which testimony has been heard by the commission. c. New Complaints: Consideration of complaints for which no hearing or meeting has previously been convened or on which no testimony has been heard by the commission. C. Distribution of Agenda and Related Materials: The agenda and all relevant materials prepared by complainants or village staff shall be distributed to each commission member. D. Voting: 1. General Matters: Except as required by subsection D3 of this section, the commission may take action to conduct its business without a written resolution before it. In such cases, the vote required to approve such an action shall be a majority of those voting members present. 2. Minority or Dissenting Reports: Members of the commission may file minority or dissenting reports in support of any position concerning a matter brought before the commission. 3. Reports and Findings on Complaints: The commission shall vote to approve a report of findings and to make a recommendation on a complaint only by adoption of a written resolution. In such cases, the vote required to pass such resolution shall be a majority of the voting members of the commission present at the meeting at which the vote is taken. A roll call vote shall be taken on all resolutions. A member absent from all or any portion of a hearing on a complaint shall not be qualified to vote on the matter unless that member first certifies that he or she has reviewed the entire record of such missed portion of the hearing and has been fully informed of the essential facts and issues of the 16 matter being heard so as to be able to make an informed and independent vote. (Ord. 5228, 12 -18 -2001) 5.708: DISCRIMINATORY CONDUCT COMPLAINT PROCEDURES: A. Filing Procedures for Complaints of Discriminatory Conduct: 1. Filing a Complaint of Discriminatory Conduct: The following procedures shall be employed by individuals seeking to file a complaint through the commission for alleged discriminatory conduct by a village official: a. Eligibility for Filing: Any person claiming to be aggrieved by discriminatory conduct of a village official while that official was acting within the scope of his or her authority may file a complaint. b. Complaint Form: A person wishing to file a complaint must submit the particulars of his or her complaint on a standardized complaint form provided by the office of the village manager. Anonymous complaints will not be considered. c. Place of Filing: The complainant shall return the complaint either by regular mail, facsimile or in person to the address designated on the complaint. d. Time of Filing: A complaint must be filed no later than sixty (60) days from the date of the last occurrence of the alleged discriminatory conduct. e. Response to Filing: Subject to section 5.709 of this article, within thirty (30) days of receiving a fully executed and completed complaint, the secretary to the commission shall: (1) Schedule a commission hearing on the complaint in accordance with provisions of the Illinois open meetings act, on a date not later than sixty (60) days after receiving the fully executed and completed complaint, unless automatically postponed pursuant subsection Alf of this section or waived by the complainant pursuant to subsection Al g of this section; and (2) Deliver a copy of the complaint to the parties listed below, along with a written notice of the time and place of the hearing (unless waived by the complainant): (A) The complainant; (B) The chairperson and the other members of the commission; (C) The supervisor (if a complaint is lodged against employee); (D) The village manager; and (E) The village board. The notice to the supervisor shall advise the supervisor that the respondent, or the supervisor, or both, may attend the hearing and present testimony to the commission on the scheduled date. It shall be the responsibility of the supervisor to notify the respondent of the complaint. f. Automatic Postponement for Pending Litigation: Notwithstanding anything in these rules to the contrary, no hearing shall be scheduled or conducted with respect to a complaint that is related to, or concerns, a matter that is the subject of any pending 17 litigation in a court of law until a date that is at least thirty (30) days after the final disposition and adjudication of such litigation. g. Waiver: A complainant may waive his or her right to a hearing. In such event, the commission shall base its report and findings, and any recommendation, on the complaint and the written answer, if any, provided by the supervisor or the respondent. 2. Answering a Complaint: The supervisor and the respondent shall have the right, but not the obligation, to respond to the complaint. Any such response shall be in accordance with the following: a. Place of Filing: The answer may be filed by the supervisor or the respondent by regular mail, facsimile, or in person to the secretary c/o the office of the village manager at the village hall. b. Content of the Answer: The answer shall contain the full name of the respondent, and if represented by an attorney, the name and address of the attorney. The answer may contain a denial, a rebuttal or an admission of the complaint, in part or in whole, as well as documentary evidence to indicate the verity of such denial. c. Time of Filing: The answer shall be filed within fourteen (14) days from the date of service of the complaint upon the supervisor. B. Commission and Subcommittee Procedures for Complaint Hearings: 1. Hearings by a Quorum: No hearing shall take place unless a quorum is present. 2. Standards of Decorum: All commission members and all others attending hearings of the commission shall conduct themselves in a manner that shall not disrupt the business of the commission. 3. Introduction by the Chairperson: a. General: The chairperson shall begin each hearing by announcing the name of the complainant and the title of the complaint. The chair shall explain the procedures for conducting the hearing. b. Swearing in Witnesses: The chairperson shall administer an oath to all persons intending to testify during the course of the hearing, whether for the complainant, the supervisor or for the respondent. c. Counsel: Parties to the complaint will be permitted to attend the hearing accompanied by attorneys, but such attorneys will be allowed to participate in the hearing only as advisors to their clients. Such attorneys shall refrain from speaking on behalf of their clients or cross examining other parties. d. Time Limits: Prior to the start of the hearing or meeting, the chairperson, in conjunction with appropriate village staff, shall establish reasonable time limits for the oral presentation of the complaint by the complainant, for the answer by the supervisor and, or the respondent, if attending, and for the testimony of witnesses, if any. 18 4. Chairperson's Summary of Complaint: The chairperson or his or her designee shall explain, in summary form, the basic facts of, and relief requested in, the complaint. 5. Complainant's Presentation: The complainant shall present the complaint in such form and with testimony of witnesses and other evidence as the complainant deems desirable. In general, the commission shall allow the complainant to make this presentation without interruption, except for those questions allowed by the chairperson that may be immediately necessary to aid the commission in understanding the material being presented. 6. Supervisor's and Respondent's Presentation: If in attendance, the supervisor, based on his or her internal investigation, and the respondent, on his or her own behalf, may answer the complaint in such form and with testimony of witnesses and other evidence as he or she deems desirable. In general, the commission shall allow the supervisor and, or the respondent to make this presentation without interruption, except for those questions allowed by the chair that may be immediately necessary to aid the commission in understanding the material being presented. 7. Prohibition of Cross Examination: No party shall be entitled or permitted to cross examine or ask questions of any other party. All questions and comments shall be directed to the commission. 8. Questions by the Community Relations Commission: At the conclusion of each presentation, the commission members may ask such questions of the complainant, the supervisor, the respondent or the witnesses as may be necessary to clarify the material presented. 9. Commission Statements: Members of the commission may read statements related to the complaint into the hearing record. 10. Commission Discussion and Deliberation: Following testimony, the commission may close the hearing and discuss, in an orderly fashion, the complaint and all material presented. During this discussion, members of the commission may ask the chair to direct additional questions to the complainant, the supervisor, the respondent or witnesses during this portion of the meeting. 11. Report and Findings: At the conclusion of any hearing, subject to section 5.709 of this article, a written draft report and findings shall be prepared by the commission in the manner it deems appropriate. The draft report and findings shall be distributed to the commission members for review at the next scheduled meeting. The report and findings shall be based solely on the statements, documents and other evidence provided at the hearing by the complainant, the supervisor and the respondent. It shall include: a. Brief statement of the complaint; b. The solutions sought by the complainant; c. The recommended solution of the supervisor and /or the respondent; d. Findings of fact; e. A determination of whether the complaint has merit; and f. The proposed recommendations of the commission. 19 12. Commission Action: Upon receipt and review of the report and findings, the commission shall, by resolution duly adopted, either: a) approve the report and findings in the form as drafted, or b) approve the report and findings with designated modifications. Although the commission shall have the right to make recommendations, it shall have no obligation to do so in the final resolution. 13. Transmittal of Commission Action Documents: The secretary shall, within fourteen (14) days after the conclusion of the meeting at which the commission approved a report and findings, transmit the same along with any minority reports to the village manager. The village manager will then provide copies of the report to the village board, the complainant, the supervisor and the respondent. The village manager will also notify the village board of any change in administrative procedures or any disciplinary action that has been or will be taken with respect to any employee. 14. Continuances: Any complainant, supervisor or respondent, may request, and shall be granted, one continuance, without cause, of a hearing on a complaint. If a complainant fails to appear at a scheduled hearing without giving prior written notice to the secretary and has not previously used a continuance, the hearing shall be continued. Any further requests for a continuance by the complainant, supervisor or respondent, shall be subject to the approval of the commission for good cause shown. 15. Withdrawal of Complaint: If the complainant chooses to withdraw his or her complaint, then the proceeding may be deemed complete and the commission shall have no obligation to transmit a report and findings to the village board. However, if the complainant alleges that he or she withdraw his or her complaint because he or she was the subject of overt acts of retaliation, harassment or threats committed by an official of the village, then the complainant may renew his or her prior complaint within sixty (60) days of the alleged overt retaliatory, harassing or threatening act in conformity with these rules. (Ord. 5228, 12 -18 -2001) 5.709: FIRE AND POLICE PERSONNEL: It is required that the hiring, promotion and discipline of sworn fire and police personnel be governed by specific state and local law. Because of the specificity and complexity of these procedures, it is neither practical nor proper to have them compromised in any manner by providing a concurrent process for investigating or hearing complaints against such officials. Therefore, while retaining the authority to receive complaints against sworn fire or police personnel, the commission will immediately forward such complaints to the respective fire or police chief. The appropriate chief will then provide a written monthly report to the commission and the village manager as to the procedural progress of the matter and will file a final report describing its ultimate disposition. Occasionally, certain portions of a final disposition may be subject to a confidentiality requirement. In such instances, these portions may not be transmitted to the community relations commission. However, no disposition to be presented to the board of fire and police commissioners may be subject to confidentiality provisions unless approved in writing by the village manager. If, after all administrative and judicial appeals have been exhausted, the complainant is not satisfied with the result of the board of fire and police commissioners' process, the complainant may then request a hearing on the matter before the commission and such hearing shall be conducted pursuant to these rules. In the event a hearing is commenced pursuant to this section, the commission may make recommendations with respect to avoiding such complaints in the future, but shall make no recommendation with respect to the disciplining of the respondent. (Ord. 5228, 12 -18 -2001) 20 Article VIII POLICE PENSION BOARD 5.800: CREATED: There shall be a police pension board consisting of five (5) members. Of these members, who need not be residents, two (2) shall be appointed by the mayor with the advice and consent of the board of trustees, serving a term of two (2) years each; two (2) shall be elected from the regular police force of the village, and one shall be elected from the beneficiaries of the pension. Each member shall serve for two (2) years and elected members shall be selected in the manner provided by law. (1957 -Code, 5.501) 5.801: GENERAL REQUIREMENTS: The general requirements set forth in Article II apply to the board to the extent not specifically otherwise provided herein. 5.802: DUTIES OF THE BOARD: It shall be the duty of the members of the board to manage, invest and control the police pension fund and all monies pertaining thereto in the manner provided by statute'. (1957 Code, 5.502) Footnote 1: 40 ILCS 5/3 -128. Article IX FIREFIGHTERS' PENSION BOARD 5.900: CREATED: There shall be a firefighters' pension board consisting of five (5) members, who need not be residents. Of these members, two (2) shall be appointed by the mayor with the advice and consent of the board of trustees; two (2) shall be elected from the active participants of the pension fund; and one shall be elected from the beneficiaries of the pension fund. Each member shall serve for three (3) years and elected members shall be selected in the manner provided by law. Officers of the board shall be elected, hold office and have such authority to act for said board on such terms and in such manner as said board may provide and as provided by law. (Ord. 5554, 4 -4 -2006) 5.901: GENERAL REQUIREMENTS: The general requirements set forth in article II apply to the board to the extent not specifically otherwise provided herein. 5.902: DUTIES OF THE BOARD: It shall be the duty of the members of the board to manage, invest and control the firefighters' 21 pension fund and all monies pertaining thereto in the manner provided by statute'. (Ord. 5554, 4 -4 -2006) Footnote 1: 40 ILCS 5/4 -122. Article X TRANSPORTATION SAFETY COMMISSION 5.1000: CREATION AND PURPOSE: There is hereby established the Mount Prospect transportation safety commission to assist, inform and advise the village's staff and elected officials on matters pertaining to the transportation of people and materials within the village, between the village and adjoining municipalities, and throughout the northeastern Illinois region as it affects the village. (Ord. 5867, 7 -19 -2011) 5.1001: GENERAL REQUIREMENTS: The general requirements set forth in article II apply to the commission to the extent not specifically otherwise provided herein. 5.1002: MEMBERSHIP: The commission shall consist of nine (9) voting members and one nonvoting member, who shall be appointed as follows: A. The mayor with the advice and consent of the board of trustees shall appoint six (6) voting members, not in the employ of the village, who have an interest in the transportation of people and materials, and transportation safety. These members shall serve without compensation. B. The chief of police, fire chief and director of public works shall each assign a representative from the Mount Prospect police department, Mount Prospect fire department and Mount Prospect public works department, respectively, to serve on the commission as voting members without additional compensation. C. A representative of the engineering division shall serve without additional compensation as an ex officio, nonvoting member of the commission and shall perform the duties of the secretary of the commission. The chairperson -shall serve no more than two (2) consecutive terms in the position. D. Vacancies on the commission shall be filled for the unexpired term of the chairperson or any member who is not employed by the village, by appointment of the mayor with the consent of the board of trustees. The term of office for members, who are not employed by the village, shall be four (4) years. Any member shall be eligible for reappointment. (Ord. 5867, 7 -19 -2011) 22 5.1003: OBJECTIVE AND TOPICS OF DISCUSSION: The objective of the transportation safety commission shall be to encourage and facilitate safe and efficient transportation throughout the village, between the village and adjoining municipalities, and throughout the northeastern Illinois region as it affects the village. The commission shall function as advisor to village staff, the village president and board of trustees on the following transportation topics: A. The efficient and safe movement of vehicles, bicycles and pedestrians along village, county and state roads. B. Safety plans around schools, churches and other locations that generate a high level of vehicle /pedestrian interaction. C. Bicycle and pedestrian infrastructure projects in support of the village's comprehensive plan and bicycle plan. D. On street parking and village owned parking lots. E. Mass transportation including trains, buses and other such means. F. Multijurisdiction and regional transportation issues. (Ord. 5867, 7 -19 -2011) 5.1004: DUTIES: In advising and assisting village staff, the mayor and board of trustees, the transportation safety commission shall have the following duties: A. To review and consider topics described in section 5.1003 of this article, and to recommend such action, as it deems appropriate, to the mayor and board of trustees. B. To consider and make recommendations on transportation issues, as directed by the mayor and board of trustees. C. To provide feedback and recommendations to village staff on local and regional transportation projects and programs presented to the commission by the engineering division or others. D. To create an open atmosphere that allows the public to communicate with the commission and participate in its meetings. E. To invite and encourage community organizations such as schools, churches, homeowners' associations and civic groups to participate in the work of the commission. F. To submit correspondence to the mayor and board of trustees on all activities of the commission including, but not limited to, agendas, meeting minutes and recommendations. G. To request statistical and other information from village departments for review in relation to the commission's duties. 23 H. To consider appeals from decisions of the engineering division with respect to sight obstructions, as provided in section 9.308 of this code. (Ord. 5867, 7 -19 -2011) 5.1005: MEETINGS: The commission shall meet on the second Monday of each month unless notice of cancellation is given by the chairperson or director of public works. (Ord. 5867, 7 -19 -2011) Article XI RESERVED (Ord. 5793, 4 -20 -2010) Article XII SPECIAL EVENTS COMMISSION 5.1200: CREATION AND MEMBERSHIP: There is hereby established a commission to be known as the special events commission of the village, consisting of fifteen (15) members, a majority of whom shall be residents of the village. The village president shall be an ex officio member of the commission. A. Each member and the chairperson so appointed, shall serve staggered four (4) year terms, The chairperson shall serve no more than two (2) consecutive terms as chairperson. (Ord. 4573, 8 -3 -1993; Ord. 4738, 7 -5 -1995; Ord. 4820, 9 -3 -1996) 5.1201: GENERAL REQUIREMENTS: The general requirements set forth in article II apply to the commission to the extent not specifically otherwise provided herein. (Ord. 4573, 8 -3 -1993; Ord. 4738, 7 -5 -1995) 5.1202: POWERS AND DUTIES: A. It shall be the duty of the commission to develop, promote and coordinate a series of community events for the enjoyment and education of the residents of the village and visitors to our village. B. All activities organized by the commission shall be conducted within the financial constraints placed upon the commission as established by the mayor and board of trustees through passage of the annual budget for the village. C. The commission shall have the authority to enter into agreements with participants, organizations and /or groups solicited by the commission to participate in the specific events organized by the commission. D. The commission shall prepare a calendar of events for the village. Said calendar shall be presented to the president and board of trustees of the village on a quarterly basis. 24 E. The commission shall have the power and authority to solicit and /or accept contributions of cash and in -kind services or products in furtherance of the promotion and /or staging of any special events. (Ord. 4573, 8 -3 -1993; Ord. 4738, 7 -5 -1995) 5.1203: MEETINGS: The commission shall meet on a regular basis, as established by the commission. (Ord. 4573, 8 -3 -1993; Ord. 4738, 7 -5 -1995) Article XIII MOUNT PROSPECT CENTENNIAL COMMISSION 5.1300: CREATION AND PURPOSE: There is hereby established a centennial commission of the Village of Mount Prospect to plan and promote a coordinated effort to celebrate the Village of Mount Prospect's Centennial Year. Unless action by the corporate authorities is taken to shorten or extend the life of the commission, it shall cease to exist, by operation of law, December 31, 2018. (Ord. 6021, 7 -17- 2012) 5.1301: GENERAL REQUIREMENTS: The general requirements set forth in article II apply to the commission to the extent not specifically otherwise provided herein. 5.1302: MEMBERSHIP: A. The commission shall consist of seven (7) to eleven (11) members as may be determined by the mayor. All members shall reside or work in the village. C. The membership of this commission, shall consist of persons from community organizations that have previously shown interest in the cultural life of the village. D. The term of office for the members shall be until the commission ceases to exist pursuant to section 5.1301 of this article. (ord. 6021, 7 -17 -2012) 5.1303: ORGANIZATION: A. The commission shall select from its members a vice chairperson and secretary. Those positions may be rotated among the membership at the discretion of the chairperson. (Ord. 6021, 7 -17 -2012) 5.1304: DUTIES AND RESPONSIBILITIES: The commission will perform and exercise the following functions: A. Cooperate with the mayor, board of trustees, village staff and various community organizations to develop a program that will appropriately and officially commemorate the village's centennial year. 25 B. Recommend such actions to the board of trustees as it may deem appropriate to carry out its responsibilities. C. All activities organized by the commission shall be conducted within the financial constraints placed upon the commission as established by the mayor and board of trustees through passage of the annual budget for the village. Any proposed expenditures or financial commitments of the commission are subject to the written approval of the village manager. D. The commission shall have the power and authority to solicit and /or accept contributions of cash and in -kind services or products in furtherance of the promotion and /or staging of any special events. E. The commission shall have the authority to enter into agreements with participants, organizations and /or groups solicited by the commission to participate in the specific events organized by the commission, so long as such agreements are within the restrictions set forth in subsection C of this section. (Ord. 6021, 7 -17 -2012) 5.1305: MEETINGS: The commission shall meet on a regular basis, but not less often than bimonthly. The meeting schedule will be determined by the commission. (Ord. 6021, 7 -17 -2012) Article XIV MOUNT PROSPECT YOUTH COMMISSION 5.1400: CREATION AND PURPOSE: There is hereby created the Mount Prospect youth commission. The membership of the commission shall be broadly representative of the entire community, taking into particular account the various high schools and junior high schools attended by the youth of Mount Prospect. (Ord. 4850, 4 -2 -1997) 5.1401: GENERAL REQUIREMENTS: The general requirements set forth in article II apply to the commission to the extent not specifically otherwise provided herein. 5.1402: APPOINTMENT: Members of the commission shall be appointed for a term of one year. Members may be selected from recommendations from schools, youth organizations, churches, businesses, residents, other government agencies, etc. It shall be an objective, but not a mandatory requirement, that each school serving Mount Prospect youth above the age of eleven (11) years old be represented on the commission. (Ord. 4850, 4 -2 -1997) 5.1403: MEMBERSHIP: A. The membership of the commission shall elect a chairperson, who shall vote on every final decision of the commission. 26 B. There shall be nine (9) voting members of the commission, each having one (1) vote. C. Members of the commission shall be between the ages of twelve (12) and twenty one (21), inclusive, when appointed or reappointed to the commission. When a member of the Mount Prospect youth commission reaches the maximum age for membership, said member shall complete the term for which he /she was appointed. D. There shall be no limit on the number of terms a member may serve. (Ord. 4850, 4 -2 -1997) 5.1404: ADULT ADVISORS: There shall be at least three (3) adult advisors to the commission appointed by the Village President, with the advice and consent of the village board. The adult advisors shall consist of a village trustee, a sworn member of the Mount Prospect police department and an adult associated with Mount Prospect. Adult advisors shall serve for a term of four (4) years and may be reappointed for additional four (4) year terms. An adult advisor shall not be a voting member of this commission. (Ord. 4850, 4 -2 -1997) 5.1405: DUTIES: The duties of the commission shall be as follows: A. Formulate recommendations on specific topics as assigned by the mayor and board of trustees or initiated by the commission, including, but not limited to, vandalism, liquor and drug law enforcement, automobile and bicycle safety, and youth and family issues; B. Identify youth issues in the community by holding public meetings, studying youth services in the village and in other communities, and receiving communications from schools, community groups, and village residents; where possible, develop solutions to these problems and, if appropriate, present recommendations to the president and board of trustees of the village; C. Compile, maintain, and distribute a current directory of existing services and programs for youth in the village furnished by public and private agencies; D. Organize and coordinate existing youth programs such as youth in government day; E. Develop and implement new programs for youth in the village; F. Foster and promote cooperation among governmental and nongovernmental organizations serving youth within the village; G. As needed, recommend changes in the structure or function of the commission so that the commission may better accomplish the purposes for which it was created; and H. Prepare annually and present to the village manager the commission budget recommendations for inclusion in the annual village budget submittal. (Ord. 4850, 4 -2 -1997) 5 -1406: MEETINGS: The commission shall meet on the first Wednesday of each and every calendar month, which meeting date, time and location shall be included on an agenda which agenda shall be posted. The chairperson may call a special meeting as required or change the date of the monthly 27 meeting to accommodate calendar conflicts. In addition to its regular monthly meeting, the commission shall meet in June and December of each year with the mayor and the board of trustees at a committee of the whole meeting. The first priority of these meetings shall be to report on issues currently before the commission. (Ord. 4850, 4 -2 -1997) 5 -1407: VOTING: (Ord. 4850, 4 -2 -1997) Article XV SISTER CITIES COMMISSION 5.1500: CREATION AND PURPOSE: There is hereby created the sister cities commission of the Village of Mount Prospect. The purpose of the commission is to recommend policies and programs to enhance the village's participation in the Sister Cities International Organization, and to maintain any relationship the village might establish with a sister city. It is recognized that there is no financial, political or religious goal of the program. The sole objective of the commission and the program is to promote goodwill and international understanding. (Ord. 5095, 3 -22 -2000) 5.1501: GENERAL REQUIREMENTS: The general requirements set forth in article II apply to the commission to the extent not specifically otherwise provided herein. 5.1502: MEMBERSHIP: The commission shall consist of fifteen (15) members, a majority of whom shall be residents of the village. One (1) member shall be a village trustee. The mayor shall serve as an ex officio member of the sister cities commission. A. Each member and the chairperson shall serve staggered four (4) year terms. The chairperson shall serve no more than two (2) consecutive terms as chairperson. B. The commission shall elect a vice chairperson and a secretary, who shall serve for terms of one (1) year and may be reelected. C. The commission may also establish sub - committees as it may, from time to time, deem appropriate. Committee members need not be commission members, but committee membership requirements shall be the same as for commission membership. (Ord. 5095, 3- 22 -2000; amd. Ord. 5107, 5 -2 -2000) 5.1503: MEETINGS: A. The commission shall meet at least quarterly on dates and at times as may be determined and deemed needed upon the vote of the commission. Special meetings may be called by the mayor the chairperson, or by any three (3) members of the commission. (Ord. 5095, 3 -22 -2000) 28 5.1504: OBJECTIVE AND ROLE: The objective of the shall be to encourage and facilitate programs and exchanges between mount prospect and its sister city(ies). The commission shall function as advisor to the village board on the following objectives: A. Development of annual programs and exchanges. B. The provision of such programs and exchanges, including finding and providing for host families and cultural experiences for approved visits to Mount Prospect by sister cities residents, business persons and other appropriate delegates and plans for reciprocal visits by Mount Prospect residents and business persons to the sister city(ies). C. The commission shall have the power and authority to solicit and /or accept contributions of cash and in -kind services or products in furtherance of such programs and exchanges. (Ord. 5095, 3 -22 -2000; amd. Ord. 5459, 9 -21 -2004) 5.1505: ANNUAL REPORT: Each September, the commission shall make an annual report to the mayor and board of trustees with respect to the following: A. Exchanges and projects in the village within the past twelve (12) months. B. Planned exchanges and projects for the future. C. Recommendation of measures with respect to the sister cities program that should be considered by the corporate authorities in the following twelve (12) months. D. Quality of cooperation between mount prospect and its sister city(ies). E. Budget recommendations for the program's future. (Ord. 5095, 3 -22 -2000) Article XVI FOREIGN FIRE INSURANCE TAX BOARD 5.1600: CREATION AND PURPOSE: There is hereby established a foreign fire insurance tax board of the village of mount prospect to receive and expend foreign fire insurance tax funds for the maintenance, use and benefit of the village fire department, in accordance with the Illinois Compiled Statutes'. (ord. 5511, 9 -20- 2005) 5.1601: GENERAL REQUIREMENTS: The general requirements set forth in Article II apply to the board to the extent not specifically otherwise provided herein. 29 5.1602: DEFINITION: "Members of the department ", for purpose of this article, shall include all members of the fire department, including sworn and nonsworn members, but excluding probationary members. (Ord. 5511, 9 -20 -2005) 5.1603: ORGANIZATION: A. Membership: The board shall consist of seven (7) board members, who need not be residents, as follows: 1. One (1) board member shall be the chief of the fire department, 2. One (1) board member shall serve from the sworn rank of battalion chief and above, 3. One (1) board member shall serve from the sworn rank of lieutenant, 4. Three (3) board members shall serve from the sworn rank of firefighter, and 5. One (1) board member shall serve from the department's nonsworn personnel. B. Nomination and Election: Except for the chief of the fire department, the board members within each of the categories in subsection A of this section shall be nominated and elected by the members of the department within the respective categories. C. Village Liaison: The village finance director, or designee, shall serve as the village's liaison to the foreign fire insurance tax board. D. Officers: At the first meeting of the board and annually thereafter, the board members shall select a chairperson, vice chairperson, secretary and treasurer. E. Term Of Office: 1. Each board member shall hold office during his /her term unless the member resigns from the department, retires from the department, or is discharged from the department. If any of these three (3) events occur, the board member shall automatically be removed from the board and the position shall be deemed vacant. 2. Vacancies in the board shall be filled by election of the members of the department from those members within the vacant category, and such election shall be for the balance of the unexpired term. Any person elected to fill a board position vacancy shall assume office immediately upon completion of the election. F. Election Procedures: 1. Temporary Election Procedure: There is hereby established a temporary election committee, which shall consist of five (5) members of the department. The chief of the fire department shall serve as a member and as chairperson of the committee. The chief shall appoint a member of the department to represent each of the categories of members set forth in subsection A of this section. The temporary committee shall be responsible for organizing, conducting and supervising the initial election of department members to serve on the board. 2. Permanent Election Procedure: The foreign fire insurance tax board shall develop a procedure for the nomination of members of the department to the various categories set forth in subsection A of this section. All rules and regulations with respect to the election 30 process shall be posted throughout the department a minimum of thirty (30) days prior to the election. G. Duties of Officers: 1. The chairperson shall preside over meetings of the board. He /she shall be the executive head of the board and an ex officio member of all subcommittees. He /she shall appoint such committees as may be provided for in this article and any special committees as may be from time to time established by the board to carry out specific tasks. The chairperson shall have general supervision of the activities of committees created in accordance with this article. 2. The vice chairperson shall assist the chairperson in any such manner as the chairperson may determine. In the absence of the chairperson, he /she shall preside at the meetings of the board. If the office of the chairperson becomes vacated, the vice chairperson shall be acting chairperson until the office of chairperson is filled in accordance with this section. 3. The secretary shall be custodian of all documents, records, books and papers belonging to the board. He /she shall keep an accurate record of the meetings of the board and of the various committees of which he shall be the secretary. He /she shall conduct correspondence of the board promptly. 4. The treasurer shall be charged with the responsibility of monitoring the expenditures of all monies. He /she shall work closely with the village's finance director with regards to the fund balances and financial transactions affecting the fund. He /she shall maintain a current ledger showing the starting fund balance and subsequent debits for items purchased. He /she shall present a financial statement at all regular business meetings. (Ord. 5511, 9 -20 -2005; amd. Ord. 5768, 11 -3 -2009) 5.1604: POWERS AND DUTIES: A. The board shall make all necessary rules and regulations with respect to the board and /or the management of funds appropriated to the board. B. The board shall develop and maintain a listing of those items that it determines are appropriate expenditures for the maintenance, use, and benefit of the fire department. The funds received by the village pursuant to this article shall be appropriated to the foreign fire insurance tax board annually by the village board and set apart as a separate fund. C. All expenditures by the board shall be in accordance with the village's ordinances, rules, procedures and policies concerning the expenditure of municipal funds. D. The funds of the board shall be annually reviewed as part of the village audit. The audit shall verify that purchases by the board are for the maintenance, use and benefit of the fire department, as described in section 5.1606 of this article. E. The treasurer of the board shall give a sufficient bond to the village in the amount set forth in appendix A, division I of this code. The bond shall be conditioned upon the faithful performance by the treasurer of his duties under statute, the provision of this article, and the rules and regulations adopted by the foreign fire insurance tax board. 31 F. The treasurer of the board shall receive funds appropriated by the village, and shall pay out such funds and /or otherwise make expenditures upon the order of the board, in accordance with current village purchasing policies. Any expenditure made by the treasurer, pursuant to the order of the board, shall be solely for the maintenance, use and benefit of the fire department, as described in section 5.1606 of this article. (Ord. 5511, 9 -20 -2005) 5.1605: QUORUM, SPECIAL MEETINGS: The board shall establish a regular time and place for its meetings. Four (4) board members shall constitute a quorum for the transaction of business. The chairperson may call a special meeting at any time. A special meeting may also be called upon the written notice by three (3) board members. Such notice shall be in writing, duly signed by the board members, describing, in brief, the nature or object of the special meeting. (Ord. 5768, 11 -3 -2009) 5.1606: USE OF FUNDS: A. Funds received by the foreign fire insurance tax board may be used solely for the maintenance, use and benefit of the fire department. B. No funds shall be used for the personal benefit of any persons, use, or function not directly related to the village fire department. No funds shall be used for parties, alcoholic beverages or any activities deemed inappropriate by the foreign fire tax board or violate fire department or village policies. C. The costs for the treasurer's bond and those associated with the annual audit of the foreign fire insurance funds, which is conducted as part of the village audit, shall be paid by the board from the funds of the board. (Ord. 5511, 9 -20 -2005; amd. Ord. 5618, 3 -6 -2007) 5.1607: FOREIGN FIRE INSURANCE TAX IMPOSED: Every corporation, company, and association which is not incorporated under the laws of this state and which is engaged in effecting fire insurance in the Village of Mount Prospect, shall pay to the director of finance for the maintenance, use, and benefit of the fire department thereof, a tax in the amount of two percent (2 %) of the gross receipts received from fire insurance upon property situated within the village. All payments under the provisions of this article shall be made on or before July 15 following the termination of the year for which such payments are due. (Ord. 5511, 9 -20 -2005) 5.1608: ACCOUNT: Every person acting as representative for or on behalf of any such company or association shall, on or before July 15 of each year, render to the director of finance a full, true and just account, verified by his oath of all premiums which have been received by him on behalf of the company during the year ending the preceding July 1 on such fire insurance policies on property located within the village. Such agent shall at the time of rendering such report, pay to the director of finance the sum of money for which the company, corporation, or association represented by him is chargeable, by virtue of the provisions of this article. (Ord. 5511, 9 -20- 2005) 5.1609: FAILURE TO ACCOUNT OR PAY TAX: If the account is not rendered on or before July 15 of each year, or if the sum due remains unpaid after that day, it shall be unlawful for any corporation, company, or association, so in 32 default, to transact any business in the municipality or fire protection district until the sum due has been fully paid. This provision shall not relieve any corporation, company, or association from the payment of any loss upon any risk that may be taken in violation of this requirement. (Ord. 5511, 9 -20 -2005) 5.1610: MARINE INSURANCE: The provisions of this article shall not be applicable to receipts from contracts of marine insurance, even though they include insurance against fire, where the premium for the fire insurance is not separately specified. (Ord. 5511, 9 -20 -2005) Footnote 1: 65 ILCS 5/11 -10 -2. Article XVII AUDIT COMMITTEE 5.1700. CREATION AND PURPOSE: There is hereby established an audit committee of the Village of Mount Prospect. The purpose of the audit committee is to further enhance an auditor's independence by providing a link between the auditor and the mayor and board of trustees. The committee is advisory in nature and assists management and the mayor and board of trustees to ensure a fair and accurate presentation of the village's financial statements. The committee shall also be responsible for audit selection, oversight of the annual audit and oversight of financial policies. 5.1701: GENERAL REQUIREMENTS: The general requirements set forth in article II for commissions apply to the committee to the extent not specifically otherwise provided herein. 5.1702. MEMBERSHIP: A. There shall be 5 voting members of the audit committee. All members shall be residents of the village, except the director of finance, who shall serve as an ex- officio member. The voting members, who shall be appointed by the mayor with the advice and consent of the board of trustees, shall consist of the following: 1. Two (2) members of the board of trustees; 2. One (1) member of the finance commission; and 3. Two (2) residents at large. B. Every two years at the first meeting of the calendar year, a chair shall be elected by the members of the committee. The chairperson shall serve no more than two consecutive terms as chairperson. C. Each member of this committee shall serve for a term of four (4) years. Terms may be adjusted by the mayor and board of trustees to assure no more than 3 terms end in any particular year. In the event that a member of the committee is an elected official who fails to retain a seat on the board of trustees, the committee position shall be vacated and another member of the board of trustees shall be appointed to serve any remaining portion of the term. 33 5.1703. ORGANIZATION: A. The audit committee shall select a vice chairperson and a secretary, who shall serve for terms of two (2) years, and may be reselected to the same position. 5.1704. DUTIES AND RESPONSIBILITIES: In advising and assisting the mayor and board of trustees, the committee shall have the following duties: A. Selection of an independent auditor. Results of a competitive RFP process will be brought to the committee for discussion and recommendation to the mayor and board of trustees. B. Oversight of the village's fraud risk assessment program. Guidelines for monitoring compliance are included in the Statement of Auditing Standards No. 99 entitled — "Consideration of Fraud in a Financial Statement Audit ". C. Oversight of the annual audit to include 1) an update on pre -audit conference, 2) a status report on progress of annual audit, and 3) the results and findings of the final audit report. D. Present annually to the mayor and board of trustees and management a written report on its activities in discharging its duties and responsibilities set forth in this section. 5.1705. MEETINGS: A. The committee shall meet at least twice a year. Its meeting schedule will correspond to Village staff's work on the annual audit. Article XVIII CITIZEN CORPS COMMISSION 5.1800: CREATION AND PURPOSE: There is hereby established a citizen corps commission of the Village of Mount Prospect to promote and enhance homeland security by providing a means of communication and coordination among the various citizen corps programs throughout the village of Mount Prospect. (Ord. 5711, 10 -7 -2008) 5.1801: GENERAL REQUIREMENTS: The general requirements set forth in article II apply to the commission to the extent not specifically otherwise provided herein. 5.1802: MEMBERSHIP: 34 A. The citizen corps commission shall consist of eight (8) commission members. All members shall reside or work in the village. B. The membership of this commission shall be constituted as follows: 1. One (1) member shall serve from the first responder community: emergency management, police, fire, EMS; 2. One (1) member shall be an elected official; 3. One (1) member shall be from the volunteer, community service or faith and community based organizations; 4. One (1) member shall serve from an educational institution; 5. One (1) member shall serve from a medical facility: hospital, long term care, health department physician; 6. One (1) member shall serve from the business and industry community; 7. One (1) member shall serve from an established neighborhood association; 8. One (1) member shall serve from an established not for profit organization. C. The term of office for the members shall be for a period of four (4) years. Terms may be adjusted by the corporate authorities to assure that no more than two (2) terms end in any particular year. (Ord. 5711, 10 -7 -2008; amd. Ord. 5725, 2 -17 -2009) 5.1803: ORGANIZATION A. A vice chairperson and a secretary shall serve for terms of one year, and may be elected to the same positions for subsequent terms. (Ord. 5711, 10 -7 -2008) 5.1804: DUTIES AND RESPONSIBILITIES: The commission will perform and exercise the following functions: A. Cooperate with the mayor and board of trustees in carrying out a program of emergency response in the village. B. Recommend such actions to the board of trustees as it may deem appropriate to serve the cause of emergency response. (Ord. 5711, 10 -7 -2008) 5.1805: MEETINGS: The commission shall meet twice each year at a minimum. The meeting schedule will be determined by the commission. (Ord. 5711, 10 -7 -2008) SECTION 2: This Ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. AYES: Hoefert, Korn, Matuszak, Polit, Zadel NAYS: None ABSENT: Rogers PASSED and APPROVED this 5 th day of August, 2014 35 Arlene A. Juracek Mayor ATTEST: M. Lisa Angell Village Clerk 36