G-762 - 10/12/2004 - ADMINISTRATION - Ordinances Supporting DocumentsLaw Offices
KUBIESA, SPIROFF, GOSSELAR, ACKER & KERN, P.C.
533 WEST NORTH AVENUE, SUITE 204
ELMMIURST, ILLINOIS 60126
TELEPHONE (630) 516 -1800
FAX (630) 516 -1808
TO: Board of Trustees of the Village of Oak Brook
o
FROM: T
Kenneth T. Kubiesa, Village Attorney
DATE: August 5, 2004
RE: Legality of the Village of Oak Brook Board of Trustees Adoption of an Ordinance
Limiting the Term of a Temporary Appointment
Earlier this week, I suggested that an action by the Board of Trustees to limit a temporary
appointment of the Police Chief to thirty (30) days would be ineffective. I have reviewed that matter
further and continue to believe that this Village Board's action to limit a temporary appointment of
any Village official to thirty (30) days and/or limit the number of times the President can appoint a
certain individual to a temporary post, would not be in accordance with applicable law. Attorney
General's Opinion No. 94 -012 applied only to a home rule municipality, in that case Oak Forest. As
you know, the Village of Oak Brook is not a home rule municipality and therefore it can only do
what the state legislature allows it to do under the Municipal Code. The Illinois Municipal Code
Section 3.1- 30 -5(c) provides that this Village Board may "fix the term of office of all appointed
officers of the municipality" but then goes on to say in subparagraph (d) of that same section that
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"the President of this Village may appoint a temporary successor". The "term" mentioned in
subparagraph (c) is the term for the permanent (as opposed to temporary) appointee. The term of an
appointee under subparagraph (d) is defined by the Municipal Code as "temporary". Therefore, Oak
Brook not being home rule like Oak Forest, I do not believe that this Board of Trustees can change
the term of a temporary appointee which term is already determined by the Municipal Code.
Similarly, I do not believe this Board of Trustees can exceed its authority under the Municipal Code
by limiting the number of times an individual can be temporarily appointed. If litigated, this would
be an issue of first impression in Illinois, and as the Board of Trustees has already experienced, the
judges of the Eighteenth Judicial Circuit and the justices of the Second District Appellate Court have
strongly supported the mayoral right of appointment and therefore, would most likely take this same
view.
KTK:mt
cc: Kevin Quinlan, President
Richard B. Boehm, Village Manager
H WARCIAWOMCHIEF OPMION.A.DOC
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AGENDA ITEM
Regular Board of Trustees Meeting
of
August 10, 2004
SUBJECT: Temporary Appointments
FROM: Kenneth T. Kubiesa, Village Attorney
BUDGET SOURCE /BUDGET IMPACT: None
Background /History: /History:
The Village Board directed the Village Attorney to draft an ordinance limiting the term of office
of temporary appointments made by the Village President to a term of thirty (30) days. Attached
is 'the ordinance requested.
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ORDINANCE 2004- AP -BD -G -753
AN ORDINANCE AMENDING TITLE 1 ( "ADMINISTRATION "),
CHAPTER 5 ( "APPOINTED VILLAGE OFFICIALS ") OF THE
VILLAGE CODE OF THE VILLAGE OF OAK BROOK TO PROVIDE FOR
LIMITS TO TEMPORARY APPOINTMENTS OF VILLAGE OFFICIALS
WHEREAS, the Village President and Board of Trustees of the Village of Oak Brook have
determined it is necessary to provide reasonable limits upon a temporary appointment of any Village
officials,
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.
follows
Section 1 That a new Section 1 -5 -3 is hereby added to Title 1, Chapter 5 of the Village Code as
1 -5 -3 LIMIT ON TEMPORARY APPOINTMENTS* A temporary appointment
of any Village Official by the President which has not been approved by the
Village Board of Trustees shall be limited to a term of thirty (30) days. The
President may not temporarily appoint the same person to the same Village
Office more than twice in one fiscal year
Section 2 This ordinance shall be in full force and effect from and after its passage, approval and
publication as required by law
Section 3- All ordinances or parts thereof in conflict with the provisions of this ordinance be and
the same are hereby repealed to the extent of such conflict
APPROVED THIS 10th day of August, 2004
Kevin Quinlan
Village President
PASSED THIS 10th day of August, 2004.
Ayes._
Nays._
Absent-
ATTEST
Linda K Gonnella, CMC
Village Clerk
AGENDA ITEM
Regular Board of Trustees Meeting
of
October 12, 2004
SUBJECT: Temporary Appointments
FROM: Kenneth T. Kubiesa, Village Attorney
BUDGET SOURCE /BUDGET IMPACT: None
RECOMMENDED MOTION:
Background /History:
This ordinance was removed from the August 10, 2004 Agenda. Trustee Aktipis, with the
support of other Trustees, requested that this ordinance be returned to the Agenda of October 12,
2004.
Recommendation:
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7. A.
5. The subject development is exceptional as compared to other development subject
to the same provision; and
6. A development proposed for a special management area could not be constructed if
it were limited to areas outside the special management area.
Motion by Trustee Aktipis, seconded by Trustee Korin, to concur with the
recommendation of the Zoning Board of Appeals and approve the requested variation
and authorize the Village Attorney to draft the necessary ordinance for final
consideration at the October 26, 2004 Board of Trustees meeting. VOICE VOTE:
Motion carried.
8 UNFINISHED BUSINESS:
A. CONFIRMATION OF APPOINTMENTS - None.
B. ORDINANCES & RESOLUTIONS
RDTNANC E 2004- AP -BD -G -762, "AN ORDINAN
1)
yJENDING TITLE 1
( "ADMINISTRATION "), CHAPTER 5 ( "APPOINTED VILLAGE OFFICIALS ")
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK TO PROVIDE
FOR LIMITS TO TEMPORARY APPOINTMENTS OF VILLAGE OFFICIALS.
Trustee Aktipis stated this agenda item was requested by the Village Board earlier
with a request by the Village Attorney relative to the Board's desire to create an
ordinance limiting the temporary appointments time. The Attorney offered his
legal opinion that the Village Trustees did not have the legal authority to move
forward with this amendment to the Village Code. Subsequently to that, the Board
has obtained independent legal opinion that suggests that the ordinance is within the
legal authority of the Village Trustees and therefore it is introduced on the agenda.
He stated that again the Village Attorney has provided an unsolicited opinion that
the Village Trustees are violating the law in passing this ordinance, as they believe
this to be an incorrect opinion.
Motion by Trustee Aktipis, seconded by Trustee Korin, for passage of Ordinance
2004- AP -BD -G -762, "An Ordinance Amending Title 1 ( "Administration "),
Chapter 5 ( "Appointed Village Officials ") of the Village Code of the Village of
Oak Brook to Provide for Limits to Temporary Appointments of Village Officials.
President Quinlan, for the record, indicated based on the advice of the Village
Attorney that he believes that this is not according to State Statute and in violation
of the Restraining Order that is currently in place. He asked if it is the Board's
intention, if he calls the motion out of order, to overturn President Quinlan's out of
VILLAGE OF OAK BROOK Minutes Page 7 of 21 OCTOBER 12, 2004
•
6
8. B. 1)
order. Trustee Aktipis stated that this is correct. President Quinlan stated "May I
assume that you have the votes to do that." Trustee Aktipis stated "to go ahead."
President Quinlan called the motion out of order
Motion by Trustee Aktipis, seconded by Trustee Zannis that President Quinlan's
ruling be overruled. ROLL CALL VOTE-
Ayes: 4 - Trustees Aktipis, Craig, Korin and Zannis.
Nays: 1 - Trustee Yusuf.
Absent: 1 - Trustee Caleel. Motion carried.
President Quinlan then called for a roll call vote on the original motion. ROLL
CALL VOTE:
Ayes: 4 - Trustees Aktipis, Craig, Korin and Zannis.
Nays: 1 - Trustee Yusuf
Absent: 1 - Trustee Caleel. Motion carried.
C. AWARD OF CONTRACTS
1) RESIDENTIAL SCAVENGER
President Quinlan explained that part of the Village's plan in the increase in tax
referendum was the opportunity to possibly provide free garbage service to its
residents. Request for proposals asked the providers to include the cost of residents
paying for their services or the Village to process the costs through Village funds.
He noted that as indicated in the prior discussion this evening that BFI has serviced
the Village residents for over twenty years and if the Board does change
scavengers, he asked to include in the recommended motion to direct staff to-do a
thorough investigation to insure that if suppliers are changed that the new supplier
can meet or exceed the level of service the Village has had in the past.
On September 8, 2004, the Village of Oak Brook advertised for and circulated
proposals for a five (5) year agreement with two (2) option extension years for the
Village of Oak Brook Residential Waste Hauler Collection Service Agreement
(refuse, recycling, and landscape waste) as directed by the Village Board.
Request For Proposal Schedule:
RFP Advertisement
Pre - proposal Meeting
Last Day for Written Questions
Proposal Opening
Review and Approval by Village Board
September 8, 2004
September 22, 2004
September 27, 2004
October 1, 2004
October 12 & 26, 2004
VILLAGE OF OAK BROOK Minutes Page 8 of 21 OCTOBER 12, 2004
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Village of
ak Brook
1200 Oak Brook Road
Oak Brook, IL 60523 -2255
Website
www.oak- brook.org
Administration
630 990 3000
FAX 630 990 0876
Community
Development
630 990 3045
FAX 630 990 3985
Engineering
Department
630 990 3010
FAX 630 990 3985
Fire (Department
630 990 3040
FAX 630 990 2392
Police (Department
630 990 2358
FAX 630 990 7484
Public Works
Department
630 990 3044
FAX 630 472 0223
Oak Brook
Public Library
600 Oak Brook Road
Oak Brook, IL 60523 -2200
630 990 2222
FAX 630 990 4509
Oak Brook Sports Core
Bath & 'Tennis Club
700 Oak Brook Road
Oak Brook, IL 60523 -4600
630 990 3020
FAX 630 990 1002
Golf Club
2606 York Road
Oak Brook, IL 60523 -4602
630 990 3032
FAX 630 990 0245
October 20, 2004
Sterling Codifiers, Inc.
Attention: Robertson S. Rollins, General Manager
7600 Mineral Drive
Coeur d'Alene, ID 83814
Dear Rob:
The Village Board, at their Board Meeting of Tuesday, October 12, 2004, passed
and approved the following ordinances:
ORDINANCE 2004- LC -AL -G -761 AN ORDINANCE AMENDING TITLE 4
CHAPTER 1 SECTION 8A OF THE VILLAGE CODE OF THE VILLAGE OF
OAK BROOK ILLINOIS RELATIVE TO THE NUMBER OF AUTHORIZED
LIQUOR LICENSES
✓ORDINANCE 2004- AP -BD -G -762 AN ORDINANCE AMENDING TITLE 1
( "ADMINISTRATION "), CHAPTER 5 ( "APPOINTED VILLAGE OFFICIALS"
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK TO PROVIDE
FOR LIMITS TO TEMPORARY APPOINTMENTS OF VILLAGE OFFICIALS
The above Ordinances are being forwarded to your for inclusion in the Code of
Ordinances of the Village of Oak Brook. I would appreciate your acknowledging
receipt of these Ordinances
Sincerely,
Richard B. Boehm
Village Manager
RBB /jr
Enclosure