R-1438 - 02/24/2015 - DUMM - Resolutions Supporting Documents ITEM 6.D.7)
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COUNI'sl`
AGENDA ITEM
Regular Board of Trustees Meeting
or
February 24, 2015
SUBJECT: DuPage Mayors and Managers Conference 2015 Legislative Positions
FROM: Riccardo Ginex, Village Manager
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: Motion to approve Resolution 2015-DUMM-LP-R-1438 a
Resolution Adopting the 2015 Legislative Positions and Priorities of the DuPage Mayors
and Managers Conference.
Background/History:
The Village has in the past adopted the legislative positions of the DuPage Mayors and Managers
Conference and the Illinois Municipal League (as expressed in their respective Legislative
Action Program and in other legislative positions taken in the course of the legislative session) as
Village policy through adoption of formal resolutions to that effect.
Recommendation:
In order to provide appropriate guidance to our Legislators and Village staff, I encourage the
Board to adopt the legislative positions expressed by the DuPage Mayors and Managers
Conference in its 2015 Legislative Action Program (LAP) and during the session via the attached
resolution.
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RESOLUTION 2015-DUMM-LP-EX1-R-1438
A RESOLUTION ADOPTING THE 2015 LEGISLATIVE POSITIONS
AND PRIORITIES OF THE DU PAGE MAYORS AND MANAGERS CONFERENCE
WHEREAS, the Village of Oak Brook is a member of the DuPage Mayors and Managers
Conference (Conference); and
WHEREAS, the Conference develops its annual Legislative Action Program with the goal of
establishing a comprehensive platform on legislative issues in order to protect and benefit the interests of
its member municipalities, residents and businesses in these municipalities, and the region generally; and
WHEREAS, on January 21, 2015 the Conference voted unanimously to adopt its 2015
Legislative Action Program, attached hereto and made a part hereof as Exhibit A; and
WHEREAS, the Village of Oak Brook will be individually benefited by formally establishing
positions on legislative issues affecting municipalities, thereby giving clear direction to officials and
employees of the Village of Oak Brook regarding legislative positions that may be represented in official
capacity or on behalf of the municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: The provisions of the preamble hereinabove set forth are hereby adopted as though
fully set forth herein.
Section 2: The positions and priorities advanced by the DuPage Mayors and Managers
Conference for the 2015 Legislative Session and as expressed by the Conference in its 2015 Legislative
Action Program are hereby adopted.
Section 3: A copy of this Resolution be forwarded to area legislators.
Section 4: The Village Board may, at any time, upon the concurring vote of four trustees, move to
take exception with any position of the Conference on any matter.
Section 5: This resolution shall be in full force and effect from and after its passage and approval
as provided by law.
APPROVED THIS 24th day of February, 2015.
Gopal G. Lalmalani
Village President
Resolution 2015-DUMM-LP-R-1438
DuPage Mayors&Managers
Page 2 of 2
PASSED THIS 24th day of February, 2015.
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
DuPage Mayors and Managers Conference
2015 Legislative Action Program
Legislative Priorities are those specific, immediate issues that the Conference pursues either through
initiating legislation or through strong advocacy in cooperation with partner organizations. Legislative
Priorities are our primary legislative focus as we commence the 99th General Assembly.
REVENUE AND TAXATION
Protect LGDF Revenue
The local portion of state-collected income tax is essential to fund basic municipal services and needs.
The state should refrain from freezing,diverting, delaying, or reducing Local Government Distributive
Fund (LGDF) revenue. Additionally,the local portion should be returned to the original share.
Reform Municipal Public Safety Pensions
While awaiting a Supreme Court ruling on the state's pension reform, it is vital that the Legislature
acknowledge the growing municipal public safety pension crisis. Of critical and immediate importance,
the compliance and penalty provisions of Public Act 96-1495 must be amended. This law requires
municipalities to fund pensions by 2015 to a level of 90%, amortized to 2040, or risk having local
revenue withheld by the state. If the high cost of current pensions is not addressed,this provision will
require some municipalities to immediately increase pension funding to a point that cripples their ability
to provide basic services. The penalty provision must not take effect before necessary cost-saving
reforms are implemented.
PERSONNEL AND LABOR
Amend the Public Safety Employee Benefits Act
PSEBA was originally created to supply health insurance benefits to public safety employees who suffer
catastrophic injuries in the line of duty. However,the system is frequently used to provide duplicative
benefits at the expense of taxpayers even when recipients are able to secure alternative,gainful
employment with health benefits. The federal definition of"catastrophic injury" must be adopted to
ensure that taxpayers are no longer needlessly overcharged.
Amend the Illinois Labor Relations Act to Create a Level Playing Field for Labor Arbitration
Municipalities are at a severe disadvantage during interest arbitration, resulting in significant costs to
taxpayers. Arbitrators should be required to take into consideration the interest and welfare of the
public and the financial ability of the unit of government to meet costs with current revenue streams.
The Act should also be amended to establish additional standards that prevent minor issues and
unreasonable positions from being taken to arbitration.
Amend the Workers'Compensation Act
Incremental changes to the Illinois Workers' Compensation system have increased the burden on
taxpayers to a level that is both unfair and unsustainable. Four specific reforms are sought at this time.
• Remove the Burden of Proof for the Cause of Firefighter Injuries from Municipalities
Statutory rebuttable presumption provisions put the burden of proof on the employer to prove
that an injury arose from a cause outside of employment. In certain situations this presumption
unfairly shifts the burden to the taxpayer to prove causation, particularly in cases where the
public agency does not have access to records from an employee's secondary employer. The
Act should be changed to place the same burden of proof on firefighters as is placed on other
employees.
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DuPage Mayors and Managers Conference
2015 Legislative Action Program
• Require Arbitrators to Adhere to the AMA Disability Rating Guidelines
The American Medical Association provides guidelines for rating the level of permanent
impairment due to injury. However, arbitrators may give little or no consideration to the AMA
ratings when provided at hearings, instead awarding greater loss of use, at the expense of
taxpayers. State statute should require arbitrators to adhere to the AMA guidelines.
• Return the Length of Time Compensated to Pre-2006 Levels
The Act specifies the number of weeks of salary an employee shall receive in compensation for
each specific injury. As of February 1, 2006,the number of weeks of compensation was
increased by approximately 7%, resulting in additional taxpayers costs. Compensation levels
should be returned to those granted through 2005.
• Overturn the Workers Compensation Commission Case Regarding Shoulder Injuries
The Commission has ruled that a permanent shoulder injury would be viewed as"man as a
whole," doubling the cost of compensation and also providing duplicative compensation for
previous arm injuries. The Act should be amended to overturn the ruling and equate permanent
loss of shoulder to loss of use of the arm,which is limited to a total of 253 weeks including
previous compensation.
MUNICIPAL AUTHORITY
Remove Barriers of Non-Home Rule Authority
The distinction between home rule and non-home rule communities should be removed to recognize
the ability of all municipalities to govern themselves, regardless of population.
• Amend the Hotel-Motel Tax
Allow non-home rule municipalities flexibility in how they may spend Hotel-Motel Tax revenues.
• Allow Crime Free Housing Regulations
Home rule municipalities are permitted to license landlords and require periodic inspection of
dwellings. Legislation should allow non-home rule communities to use this program as well.
• Allow Freer Expenditure of Sales Tax Revenue
Allow non-home rule municipalities to spend referendum-approved sales tax revenue on
expenses other than infrastructure.
AIRPORT DEVELOPMENT AND REGULATIONS
Support Western Access
As the Elgin-O'Hare Expressway expansion project is finalized, the state must consider the project's
impact on local residents and businesses. The state should approve a resolution supporting maximum
project benefits by ensuring the new access route is a true western entrance to the airport.
Replace the Official Metric for Measuring Aircraft Noise
The recent expansion of the Chicago-O'Hare International Airport and the reconfiguration of its runways
have raised aircraft noise significantly, disrupting nearby residents and negatively impacting their quality
of life. The state should amend the Permanent Noise Monitoring Act and adopt the Community Noise
Equivalent Level (CNEL)as the official metric for measuring aircraft noise in Illinois,thereby providing
communities with a more accurate means of documenting the impact of airplane noise.
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