G-782 - 06/14/2005 - OFFENSE - Ordinances Supporting Documentslet
Item 10.8.1)
AGENDA ITEM
Regular Board of Trustees Meeting
of
June 14, 2005
SUBJECT: Supervision Added to Ordinance Violation Penalties
FROM: Kenneth T. Kubiesa, Village Attorney
BUDGET SOURCE /BUDGET IMPACT: None
RECOMMENDED MOTION: I move to pass Ordinance 2005- PD -OF -G -782, An
Ordinance Amending Chapter 3 (General Penalty) of Title 1 (Administration) of the
Village Code of the Village of Oak Brook Relative to Adding Supervision as a Penalty to
Section 1 -3 -1
Background /History:
This Ordinance adds a subsection F to Section 1 -3 -1 of the Village Code, entitled Supervision.
In a recent opinion by the Illinois Supreme Court, the Court was concerned that the Illinois
Municipal Code did not provide for a sentence of supervision for ordinance violation cases. The
attached Ordinance provides for supervision in the Village Code.
Recommendation:
I recommend that Ordinance 2005- PD -OF -G -782 be passed.
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Last printed 6/7/2005 2 48 PM
A. the Board of Trustees have their terms expired at the same time. Due to legal
10. requirements this must be corrected. Both terms of Alan Feldman and Brian
Clingen have expired. In accordance with Illinois State Statute, 40 ILLS 513 -128,
the two -year terms of appointments to the Board of Trustees of the Police Pension
Fund must be staggered.
President Quinlan did state that it is his full intention that Mr. Clingen be re-
appointed a year from this date if he is willing to continue to serve.
President Quinlan recommended the following re- appointments the Board of
Trustees of the Police Pension Fund:
• Re- appointment of Brian T. Clingen for a one -year term, with his term
expiring in May, 2006.
• Re- appointment of Alan J. Feldman for a two -year term, with his term
expiring in May, 2007.
Trustee Aktipis stated that this is an exception as the Board of Trustees just
approved the guidelines for appointments. Anything that occurs after this will be
according to the guidelines.
President Quinlan thanked both residents for their participation as members of the
Board of Trustees of the Police Pension Fund.
Motion by Trustee Kennedy, seconded by Trustee Aktipis, to concur with the
President Quinlan's re- appointments to the Board of Trustees of the Police
Pension Fund: Brian T. Clingen, with his term expiring in May, 2006; and Alan
J. Feldman, with his term expiring in May, 2007. VOICE VOTE: Motion
carried.
B. ORDINANCES & RESOLUTIONS
1) AN ORDINANCE AMENDING CHAPTER 3 (GENERAL PENALTY
TITLE I (ADMIN) OF THE VILLAGE OF OAK BROOK VILLAGE CODE
ADDING SUPERVISION AS A PENALTY
This Ordinance adds a subsection F to Section 1 -3 -1 of the Village Code, entitled
Supervision. In a recent opinion by the Illinois Supreme Court, the Court was
concerned that the Illinois Municipal Code did not provide for a sentence of
supervision for ordinance violation cases. The Ordinance provides for
supervision in the Village Code.
VILLAGE OF OAK BROOK Minutes Page 20 of 29 June 14, 2005