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G-1041 - 12/09/2014 - BOARD OF TRUSTEES - Ordinances Supporting Documents ITEM 1 1 .B. 1) 6 OF ogti. F � l/?rti tq 1fiJ1 �,.� � . elk GOUNI1' AGENDA ITEM Regular Board of Trustees Meeting of December 9, 2014 SUBJECT: Amendment to Ordinance 1-4B-2 Composition; Powers - Agenda Preparation FROM: Riccardo F. Ginex, Village Manager BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: Motion To Approve Ordinance 2014-BD-BOT-A-G-1041, An Ordinance Amendmending Chapter 4 of Title 1 (Administration) of the Village Code of the Village of Oak Brook relating to Board Agenda Items i Background/History: The present internal staff policy for Village Board agenda preparation conflicts with the present Village Ordinance. Our present internal policy asks that any request from two trustees for an item to be placed on a regular Board agenda for which action or discussion is warranted must be submitted by twelve o'clock(12:00)noon on the Wednesday immediately preceding the regular Board meeting, while our Village Ordinance states, "At the request of two (2) trustees, items may be placed on a regular board agenda,providing the village manager or his/her designee is notified: a) by twelve o'clock(12:00)noon on the Thursday immediately preceding the regular board meeting of any item(s)for which action is sought at that board meeting by motion, resolution, or ordinance,' or b) by twelve o'clock (12:00) noon on the Friday immediately preceding the regular board meeting of any item(s)for which board discussion only is sought... " (Ord. G-984, 11-13-2012). The present policy was put in place prior to my arrival and has been beneficial for staff, enabling them to get the agenda completed and posted around noontime on Thursday preceding the Board meeting. Prior to this change, staff would be here until at least 10:00 pm on either Thursday or Friday evening getting the agenda finalized,book-marked, posted and sent out to all the 0....0 Last saved byrgrnex 3\Agneda Item-Ordinance Amendment I-4b-2 12-9-14.docx Last printed 12/2/2014 9:24 AM Directors and Board members. In the past, staff has even been as late as midnight on Friday getting the agenda posted. I am proposing to amend the Village ordinance to read as follows: "At the request of two (2) trustees, items may be placed on a regular board agenda,providing the village manager or his/her designee is notified: a) by twelve o'clock(12:00) noon on the Tuesday immediately preceding the regular board meeting of any item(s)for which action is sought at that board meeting by motion, resolution, or ordinance; or b) by twelve o'clock(12:00) noon on the Wednesday immediately preceding the regular board meeting of any item(s)for which board discussion only is sought... " This amendment will be consistent with our present internal policy and will continue to provide staff the ability to get the agenda out in a timely manner. Recommendation: The Board amends the ordinance to assist staff with a timely dissemination of the agenda and our present internal policy Last saved by rginex J:\Agneda Item-Ordinance Amendment 1-4b-2 12-9-14.docx Last printed 12/2/2014 9:24 AM ORDINANCE 2014-BD-BOT-A-G-1041 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE 1 (ADMINISTRATION) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATING TO BOARD AGENDA ITEMS WHEREAS, Section 1-4B-2 of "The Village Code of the Village of Oak Brook," as amended ("Village Code"), provides, in part, that at the request of two Trustees, items may be placed on a regular Village Board agenda provided that the Trustees provide the Village Manager notice prior to: (i) 12:00 noon on the Thursday preceding the applicable Village Board meeting for items on which action is sought; and (ii) 12:00 noon on the Friday preceding the applicable Village Board meeting for items on which only Board discussion is sought (collectively, "Notification Deadlines"); and WHEREAS, in order to prepare agendas from Village Board of Trustee meetings in an efficient and expeditious manner, and to make the Village Code and the Village's current practices more consistent, Village staff has recommended that Section 1-4B-2 of Village Code be amended to make each Notification Deadline 48 hours earlier; and WHEREAS, the Village Board has determined that it will serve and be in the best interest of the Village to amend Section 1-4B-2 of the Village Code to make the Notification Deadlines 48 hours earlier; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Ordinance as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Amendment to Section 1-4B-2. Section 1-4B-2, entitled "Composition; Powers," of Article B, entitled "Village Board of Trustees,"of Chapter 4, entitled "Elected Village Officials," of Title 1, entitled "Administration," of the Village Code, shall be amended to read as follows: 1-4B-2: COMPOSITION; POWERS: The village board of trustees shall consist of the president and trustees and, except as otherwise provided by statute, shall exercise the same powers and perform the same duties as city council in cities. It shall pass ordinances, resolutions and motions in the same manner as a city council. The village president may exercise the same veto power and powers in 65 Illinois Compiled Statutes 5/3.1-40-30, and with like effect, as the mayor of a city. The trustees may pass motions, resolutions and ordinances over the president's veto in like manner as the aldermen of a city council. At the request of two (2) trustees, items may be placed on a regular board agenda, providing the village manager or his/her designee is notified: (i) by twelve o'clock (12:00) noon on the Thursday Tuesday immediately preceding the regular board meeting of any item(s) for which action is sought at that board meeting by motion, resolution, or ordinance; or(ii) by twelve o'clock (12:00) noon on the Friday Wednesday immediately preceding the regular board meeting of any item(s) for which board discussion only is sought. The president shall preside at all meetings of the board. Section 3: Severability. If any provision of this Ordinance or part thereof is held invalid by a court of competent jurisdiction, the remaining provisions of this Ordinance shall remain in full force and effect, and shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent of this Ordinance to the greatest extent permitted by applicable law. Additions are bold and double-underlined; :- : ':• . _ . -•. Ordinance 2014-BD-BOT-A-G-1041 Amending Title 1 re:Agenda Deadlines Page 2 of 2 Section 4: Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. APPROVED THIS 99"day of December, 2014. Gopal G. Lalmalani PASSED THIS 9th day of December, 2014. Ayes: Nays: Absent: ATTEST: Charlotte K. Pruss Village Clerk