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S-1160 - 05/09/2006 - PERSONNEL RULES & REGS - Ordinances Supporting Documents��'GF. 4 F QAk B9 ` 4 o y G � VILLAGE OF OAK BROOK Inter - office Memorandum DATE: May 30, 2006 TO: Village Manager Assistant Village Manager Village Attorney Executive Secretary Administration Assistant Department Directors FROM: Rose Kane, Legal Secretary SUBJECT: Ordinance 2006- PL -RR -S -1160, An Ordinance Amending the Personnel Manual of the Village of Oak Brook, Illinois For your information, a scrivener's error occurred in this ordinance. The copy provided previously to you incorrectly included the words, "Assistant Village Manager" in Section 2.13.1. Please discard your original copy and retain the attached ordinance. Thank you for your cooperation in this matter. 9. UNFINISHED BUSINESS A. CONFIRMATION OF APPOINTMENTS — None presented. ORDINANCES &RESOLUTIONS AN ORDINANCE AMENDING THE PERSONNEL MANUAL OF THE VILLAGE OF OAK BROOK, ILLINOIS — NEPOTISM POLICY Motion by Trustee Kennedy, seconded by Trustee Yusuf, for reconsideration of a Nepotism Policy discussed and denied at the April 11, 2006 Board of Trustees Meeting. ROLL CALL VOTE: Ayes: 5 - Trustees Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 1 - Trustee Aktipis. Motion carried. The subject of hiring relatives of elected Village officials, board /commission members, the Village Manager, department heads or Village employees, was originally brought before the Board on April 11, 2006, in the attempt to revise Section 7.09B (Employment of Relatives) of the Personnel Manual. After lengthy discussion, the question was called and a motion was made to amend the pertinent section as per a memorandum from Trustee Manofsky. The motion failed and the Village Attorney, along with a representative from the prevailing side, Trustee Kennedy, were then directed to provide a policy or ordinance which would fit the needs of the Village, based on the input from the Board's discussion. Trustee Kennedy indicated that as a result of being asked to provide input to the Village Attorney on a policy he did a great deal of research. He felt that there was no problem in the Village with nepotism. He added that there were a few instances of existing related employees, some of which became related by marriage after they were employed by the Village. He reported that the Village's procedures for hiring are very sophisticated. The process included posting openings, an objective procedure for evaluating submitted resumes using panels of "sub supervisor" employees of the Village and then a panel of Department Directors who choose among the three finalists. He felt that it was a very objective, sophisticated procedure. His opinion was that there were circumstances that led to related employees and that it was not a negative situation. He related that the ordinance presented did not adopt a broad prohibition to related people. It basically provided that all employees will be hired on the basis of merit, qualifications and suitability for the position based upon standards and criteria established by the department heads and the Village Manager; will not employ relatives of the eight elected officials, the Village Manager, the Assistant Village Manager, Department Directors, anyone in the VILLAGE OF OAK BROOK Minutes Page 4 of 8 May 9, 2006 9. B. 1) Village that has access to confidential personnel information or if the relative would work within the same department. He added that exceptions could be made under specific qualified circumstances if the Village Manager determined that the related person was the most qualified person for the job and that the employment of that person did not present an undue risk of inappropriate supervision, evaluation or promotion of the relative or inappropriate access to personnel information. He added that the Village Manager, if he decided to make an exception, was required to report in writing to the Board explaining justifications for the exception. In addition, if employees become related by marriage after they are employed it required the Village Manager to make a determination that the relationship did not present an undue risk of inappropriate supervision, evaluation or promotion of the relative or inappropriate access to personnel information. If the Village Manager determines that there was a risk, he must either reassign one of the employees or put in place safeguards to make sure that no improper activity occurs and he must report in writing to the Board explaining those safeguards and justifications. Trustee Kennedy's personal opinion was that this ordinance was a reasonable, measured, realistic approach that addresses the issue of related employees. Trustee Craig commented that he thought it should also include the issue of relatives of elected officials on Village boards or commissions that deal with personnel issues. Discussion ensued regarding issues of State Statutes and that in those situations the Board of Trustees was the determining body thereby providing oversight. It was also stated that this particular ordinance related to personnel issues and the appointment issue was outside the scope of this ordinance. Motion by Trustee Kennedy, seconded by Trustee Sanford, for passage of Ordinance S -1160, "An Ordinance Amending the Personnel Manual of the Village of Oak Brook, Illinois" ROLL CALL VOTE: Ayes: 5 - Trustees Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 1 - Trustee Aktipis. Motion carried. C. AWARD OF CONTRACTS — None presented. 10. NEW BUSINESS A CONFIRMATION OF APPOINTMENTS — None presented. B. ORDINANCES & RESOLUTIONS 1) AN ORDINANCE AMENDING CHAPTER 3 (SCAVENGERS) OF TITLE 4 (BUSINESS AND LICENSE REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, IL RELATIVE TO INSURANCE REQUIREMENTS VILLAGE OF OAK BROOK Minutes Page 5 of 8 May 9, 2006