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G-537 - 08/09/1994 - BOARD OF TRUSTEES - Ordinances 94-BD-BOT-G-537 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK RELATIVE TO FUNCTIONS, DUTIES AND COMPENSATION OF CERTAIN MUNICIPAL OFFICERS WHEREAS, pursuant to Ordinance G-19, passed and approved December 13, 1960, the corporate authorities established the rate of compensation for Village President and the Board of Trustees; and WHEREAS, pursuant to Ordinance G-285, passed and approved March 24, 1981, the corporate authorities adjusted the rate of compensation for Village Trustees; and WHEREAS, pursuant to Ordinance S-61, passed and approved April 9, 1963, the corporate authorities established the rate of compensation for Village Clerk; and WHEREAS, pursuant to Ordinance G-354, passed and approved March 26, 1985, the corporate authorities adjusted the rate of compensation for the Village Clerk; and WHEREAS, the President and Board of Trustees deem a revision in the levels of such compensation to be appropriate; and WHEREAS, the President and Board of Trustees wish to recite in the Village Code the powers and duties of the Village President, Village Board of Trustees and Village Clerk as set forth in the Illinois Municipal Code, as recently amended. 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: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. ' Section 2: That Section 2-16 of the Code of Ordinances of the Village of Oak Brook entitled "Presiding Officer" be and the same is hereby amended to read as follows: Section 2-16. Composition; Manner of Acting. The 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 the city council in cities. It shall pass ordinances, resolutions, and motions in the same manner as a city council. The president of the board of �, trustees may exercise the same veto power and powers in 65 ILLS Ordinance 94-BD-BOT-G-537 Relative to Functions, Duties and Compensation �- of Certain Municipal Officers Page 2 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. The president shall preside at all meetings of the board. Section 3: That Section 2-24 of the Code of Ordinances of the Village of Oak Brook entitled "Compensation - President", be and is hereby amended to read as follows: Section 2-24. Compensation - President: Any person elected and qualified to the office of President of the Village after April 1, 1995 shall receive as compensation for services as President the sum of one hundred sixty-seven ($167.00) per meeting for each meeting of the Board attended by such person. Any Village President serving a term which commences prior to April 1, 1995 shall receive as compensation for services as President the sum of two thousand five hundred dollars ($2,500.00) per year payable in equal monthly installments. Section 4: That Section 2-24 of the Code of Ordinances of the Village of Oak Brook entitled "Compensation - President", be and is hereby amended to read as follows: a Section 2-25. Compensation —Trustees: All persons elected subsequent to April 1, 1995 and serving in the office of Village Trustee shall receive as compensation for their services as such trustee the sum of forty dollars ($40) per meeting for each meeting of the Board attended by such person. Any Village Trustee serving a term which commences prior to April 1, 1995 shall receive as compensation for their services the sum of twenty-five dollars ($25.00) per meeting for each meeting of the Board attended by such Trustee. Section 5: That Division 1 of Article III entitled "Officers and Employees" of the Code of Ordinances of the Village of Oak Brook be amended by ' adding Sections 2-28 through 2-34 as follows: DIVISION 1: VILLAGE PRESIDENT Section 2-28. President; General Duties. The president shall perform all the duties which are prescribed by law, including ordinances, and shall take care that the laws and ordinances are faithfully executed. The president, from time to time,_ may, and annually shall, give the corporate authorities information concerning the affairs of the municipality and may recommend for their consideration measures the president believes expedient. Ordinance 94-BD-BOT-G-537 Relative to Functions, Duties and Compensation of Certain Municipal Officers Page 3 Section 2-29. President; Removal of Appointed Officer. Except where otherwise provided by statute, the president may remove any officer appointed by the president, on any written charge, whenever the president is of the opinion that the interests of the municipality demand removal. The president shall report the reasons for the removal to the corporate authorities at a meeting to be held not less than five (5) nor more than ten (10) days after the removal. If the president fails or refuses to report to the corporate authorities the reasons for the removal, or if the corporate authorities by a two-thirds vote of all members authorized by law to be elected disapprove of the removal, the officer thereupon shall be restored to the office from which the officer was removed. The vote shall be by yeas and nays, which shall be entered upon the journal of the corporate authorities. Upon restoration, the officer shall give a new bond and take a new oath of office. No officer shall be removed a second time for the same offense. Section 2-30. President; Release of Prisoners. The president may release any person imprisoned for violation of a �-- municipal ordinance and shall report the release, together with the reasons for the release, to the corporate authorities at their first meeting after the release. Section 2-31. President; Examination of Records. The president at all times may examine and inspect the books, records, and paper of any agent, employee, or officer of the municipality. Section 2-32. President; Calling Out Militia. Subject to the authority of the Governor as commander-in-chief of the militia, the president may call out the militia to aid in suppressing riots and other disorderly conduct or to aid in carrying into effect any law or ordinance. Section 2-33. President; Designation for Signing Instruments. The president may designate in writing another person to affix the signature of the president to any written instrument or instruments required to be signed by the president. The president shall send written notice of this designation to the corporate authorities, stating the name of the person who has been selected and what instrument or instruments the person will have authority to sign. A written signature of the president executed by the �, designated person, with the signature of the designated person Ordinance 94-BD-BOT-G-537 Relative to Functions, Duties and Compensation of Certain Municipal Officers Page 4 underneath, shall be attached to the notice. The notice, with the signatures attached, shall be recorded in the journal of the corporate authorities and then filed with the village clerk. When the signature of the president is placed on a written instrument at the direction of the president in the specified manner, the instrument or instruments, in all respects, shall be as binding on the municipality as if signed by the president in person. Section 2-34. President pro tem; Temporary Chairman A. If the president is temporarily absent because of an incapacity to perform official duties, but the incapacity does not create a vacancy in the office, the corporate authorities shall elect one of their members to act as president pro tem. The president pro tem, during this absence or disability, shall perform the duties and possess all the rights and powers of the president, but shall not be entitled to vote both as president pro tem and as trustee. B. In the absence of the president, acting president or president pro tem, the corporate authorities may elect one of their members to act as a temporary chairman. �•-- The temporary chairman shall have only the powers of a presiding officer and a right to vote only in the capacity as trustee on any ordinance, resolution or motion. Section 6: That Article III entitled "Officers and Employees" of the Code of Ordinances of the Village of Oak Brook is amended by adding Division 1A and Section 2-35 and including Section 2-36 in Division 1A as follows: DIVISION 1A: IN GENERAL Section 2-35. Officers; Duties and Fees. The president and board of trustees may prescribe the duties of the officers appointed under 65 ILCS 5/3.1-30-5, and the amount to be charged for services rendered by those officers, and may require them to execute whatever bonds are prescribed by statute or ordinance. Section 2-36. Personnel Regulations. All employees of the Village shall be governed by: (a) Personnel rules and regulations; (b) Fire Department regulations, as applicable; Ordinance 94-BD-BOT-G-537 Relative to Functions, Duties and Compensation of Certain Municipal Officers Page 5 (c) Police Department regulations, as applicable; and (d) Salary administration pay plan. Section 7: That Sections 2-61 and 2-62 of Division 3 entitled Village Clerk of the Code of Ordinances of the Village of Oak Brook be and the same is hereby amended to read as follows: Section 2-61. Election; Term; Vacancy. The Village Clerk shall be elected and serve for a four (4) year term and until a successor is elected and qualified, as provided by statute. If the office of Village Clerk shall become vacant for any reason, the President and Board of Trustees shall appoint a successor, as provided by statute. Section 2-62. Qualifications. No person shall be eligible to hold the office of Village Clerk unless that person is a qualified elector of the municipality and has resided therein at least one year next preceding the person's election or appointment. No person shall be eligible to hold the office of Village Clerk who is a defaulter to the municipality, in arrears in the payment of any tax or other indebtedness due to the municipality, has been convicted in Illinois state courts of malfeasance in office, bribery, or other corrupt crimes. The Village Clerk shall hold no other village office during such person's term as Village Clerk. Section 8: That Division 3 entitled Village Clerk of the Code of Ordinances of the Village of Oak Brook is amended by adding Sections 2-63 through 2-66 as follows: Section 2-63. Oath of Office. Before entering upon the duties of this office, the Village Clerk shall take and subscribe the oath of office as prescribed by statute. Section 2-64. Bond. Before entering upon the duties of office, the Village Clerk shall execute a bond in such amount and with such sureties as may be required by the Board of Trustees, conditioned upon the faithful performance of the Village Clerk's duties. Ordinance 94-BD-BOT-G- 537 Relative to Functions, Duties and Compensation of Certain Municipal Officers Page 6 Section 2-65. General Powers and Duties. The Village Clerk shall: A. Signature: Seal and attest all contracts of the Village and all licenses, permits and such other documents as shall require this formality. B. Documents and Records: 1. Documents: Be the custodian of all which are not assigned to the custody of some other officer. 2. Records: In addition to the record of ordinances and other records which the Clerk is required by statute to keep, the Village Clerk shall keep a register of all licenses and permits issued, and the payments thereon; a record showing all of the officers of the Village; and such other records as may be required by the Board of Trustees. Deeds, the original of all annexation plats, plats of subdivision, easements, vacated properties, titles, and such other records, and all official contracts and documents shall be maintained and keptoby the Village Clerk in the Village archives. 3. Indexes: The Village Clerk shall keep and maintain a proper index to all documents and records so that ready access thereto and use thereof may be had. 4. Meetings and minutes: The Village Clerk shall attend all meetings of the Village Board and keep a full record of its proceedings in the journal which shall be preserved by the Clerk. C. Village Seal: Be the custodian of the Village Seal and shall affix its impression on documents whenever this is required. D. Conduct of Elections: The Village Clerk shall keep a record of the election or appointment of all officers of the Village and the record shall exhibit the name of the officer, to what office elected or appointed, the date or declaration of election, the date of his commission, and the date of death, resignation, removal from office, or expiration of term of office. The Village Clerk shall, �. within five days after the result of any election is declared or Ordinance 94-BD-BOT-G-537 Relative to Functions, Duties and Compensation of Certain Municipal Officers Page 7 appointment is made, notify all persons elected or appointed. Section 2-66. Compensation. Any person elected subsequent to April 1, 1995 and serving in the office of Village Clerk shall receive as compensation for such services as Village Clerk the sum of seven thousand five hundred dollars ($7,500.00) per year payable bi-weekly. Any Village Clerk serving a term which commenced prior to April 1, 1995 shall receive a compensation for services in the sum of fifty dollars ($50.00) for each regular Village Board meeting or special Village Board meeting attended. Section 9: That what was formerly Section 2-62 of Division 3 entitled "Village Clerk" of Article III of the Code of Ordinances. of the Village of Oak Brook is renumbered to.Section 2-67 as follows: Section 2-67. Deputy Clerk; Powers; Appointment. (a) There is hereby created in and for the Village the office of Deputy Clerk who shall have the power and duty to execute all documents required by any law to be executed by the Clerk and to affix the seal of the Clerk thereto whenever required. (b) In signing any such document the Deputy Clerk shall sign the name of the Clerk followed with the work "by" and the Deputy Clerk's own name and the words "Deputy Clerk". (c) Such duties shall be exercised only in the absence of the Clerk from the Clerk's office and only when written direction has been given by the Clerk to such deputy to exercise such power or when the President and Board have determined by resolution that the Clerk is temporarily or permanently incapacitated to perform such functions. (d) The appointment of such Deputy Clerk shall be made by the Clerk, and the Deputy Clerk shall serve at the pleasure of the Clerk. Section 10: That this ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Ordinance 94-BD-BOT-G-537 Relative to Functions, Duties and Compensation of Certain Municipal Officers Page 8 PASSED THIS 9th day of August 1994. Ayes: Trustees Bartecki, Kenny, Shumate and Skinner Nays: None Absent: Trustees McInerney and Payovich Abstain: None APPROVED THIS 9th day of August 1994. oe VflYage President ATTEST: S, Vi1la Clerk Approved, as to Form: Village Attorney Published 8-10-94 Pamvhlet form Date Paper Not Published L.