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R-1954 - 08/10/2021 - BOARD OF TRUSTEES - Resolutions ITEM 6.C.4 BOARD OF TRUSTEES MEETING vii i AGI of SAMUEL E. DEAN BOARD ROOM OAK BR92. K BUTLER GOVERNMENT CENTER oeit 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Regular Board of Trustees Meeting of August 10,2021 SUBJECT: Public Comment and Participation Policy FROM: James R. Kruger Jr., Interim Village Manager/Chief of Polic� BUDGET SOURCE/BUDGET IMPACT: None RECOMMENDED MOTION: I move to approve Resolution 2021-BOT-RULES-R- 1954 a resolution approving rules concerning public comment and participation at public meetings. Baclizround/History: Pursuant to discussions between the Village President, Village Attorney, and Interim Village Manager,the Village President directed the Village Attorney to review the current public comment policy of the Village Board of Trustees and recommend changes. The attached resolution was discussed at the July 13, 2021 Village Board Meeting and is submitted to the Board for formal approval. The current rules were adopted February 23, 2016 as Resolution R-1538. Recommendation: Village staff and the Village Attorney recommend approval of the attached resolution by the Board of Trustees. BOT AGENDA Paine I A, THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS RESOLUTION NUMBER 2021-BOT-RULES-R-1954 A RESOLUTION APPROVING RULES CONCERNING PUBLIC COMMENT AND PARTICIPATION AT PUBLIC MEETINGS GOPAL G. LALMALANI, Village President CHARLOTTE K. PRUSS, Village Clerk LAURENCE HERMAN MICHAEL MANZO JAMES NAGLE A. SURESH REDDY EDWARD TIESENGA ASIF YUSUF Village Board Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Oak Brook on this the 10th day of August, 2021 RESOLUTION NO.2021-BOT-RULES-R-1954 A RESOLUTION APPROVING RULES CONCERNING PUBLIC COMMENT AND PARTICIPATION AT PUBLIC MEETINGS WHEREAS,the Village of Oak Brook(hereinafter referred to as the"Village")is an Illinois Municipal Corporation organized under and pursuant to the laws of the State of Illinois; WHEREAS,the Village has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs that protect the health,safety and welfare of its residents; WHEREAS, the Illinois Open Meetings Act provides that any person that desires to address public officials at public meetings shall be permitted to do so under rules established and recorded by the public body; WHEREAS,the Corporate Authorities are of the opinion that it is in the best interests of the Village of Oak Brook to assure compliance with the Open Meetings Act by adopting certain rules concerning public comment and participation at Village meetings; WHEREAS,the Corporate Authorities of the Village understand the importance of allowing its residents the opportunity to address the elected and/or appointed officials of the Village at a public meeting but also recognize the need to conduct an orderly and efficient meeting; WHEREAS, the Village previously adopted a policy setting forth the rules concerning public comment and participation at public meetings and now desires to amend and update its policy pertaining to public comment and participation at public meetings;and WHEREAS,the Corporate Authorities of the Village of Oak Brook are of the opinion that that it is in the best interests of the safety,health and welfare of the residents to adopt the policy as set forth herein. NOW, THEREFORE, BE IT ORDAINED, in open meeting assembled, by the Village President and Board of Trustees of the Village of Oak Brook,Cook and DuPage Counties,Illinois as follows: Section 1—Recitals The Corporate Authorities hereby find that all of the recitals hereinbefore stated as contained in the preamble to the resolution are full,true and correct and do hereby,by reference, incorporate and make them part of this resolution as legislative findings. Section 2—Approval of Public Comment and Participation at Public Meetings The following policy pertaining to public comment and participation at public meetings is hereby adopted and immediately in full force and effect,to the extent that there are any previously 2 adopted policies or rules pertaining to public comment and participation at public meetings they are hereby repealed and shall no longer be in force and effect. A. Right to Speak.The Illinois Open Meetings Act,Section 2.06(g)provides that"Any person shall be permitted an opportunity to address public officials under the rules established and recorded by the public body." B. Public Comment. 1. Persons desiring to address the Board or Trustees or any Board organized for or on behalf of the Village of Oak Brook(hereinafter referred to as the"Board")will do so during the designated Public Comment period on the agenda of the Board Meeting.At least fifteen(15)minutes will be allowed at each meeting for public comment(s).Public comments at other times during the meeting will be permitted solely at the discretion of the Board. 2. Participation Procedure. a. Persons wishing to speak may do so only after being recognized for that purpose by the Chairperson. b. Only one(1)person may address the Board at a time. C. No more than five(5)persons shall be permitted to speak at any given meeting. d. A signup sheet shall be prominently displayed on the speaker's platform prior to the meeting. e. The Board may, without creating precedent and in its sole discretion, expand the numbers of those permitted to speak,at any given meeting. 3. Public Participation. a. Persons addressing the Board shall identify themselves for the record,and for the Board and members of the public also attending the meeting. b. Persons addressing the Board will offer all comments in a courteous and professional manner, and refrain from use of inappropriate,offensive or profane language. C. Persons addressing the Board may comment on issues of public interest relating to the operations of the Village: the Board will not respond nor engage in debate or discussion relating to comments offered or made.The public comment period is intended to afford members of the public with an opportunity to express their views to the respective board.The Board will generally take comments made to it by speakers under advisement. d. Residents of the Village addressing the Board will be limited to a period of no more than three(3)minutes for comments, unless additional time is granted by the Chairperson;after which they will return to their seat in an orderly,quiet and non-disruptive manner. e. Non-Residents of the Village addressing the Board will be limited to a period no more than one(1)minute for comments,unless additional time is granted by the Chairperson;after which they will return to their seat in an orderly,quiet and non-disruptive manner. 3 f. The granting of additional time to one or more persons or on one or more occasions does not entitle other persons at that meeting or any other meetings to have additional time to address the Board. g. Persons addressing the Board should refrain from offering repetitive or duplicative comments which offer no new information or perspective and which otherwise impede progress of the stated and published purpose of the meeting.Such comments may be limited at the sole discretion of the Board. h. No person shall be permitted to address the same topic more than once within a three month period unless otherwise permitted by the Board. C. Misconduct. 1. All persons addressing the Board must do so in a civil and appropriate manner. Rude or abusive behavior will not be condoned.Comments that are defamatory, disparaging,or otherwise constitute an unwarranted invasion of privacy will not be allowed. Persons in violation of the foregoing will be directed by the chair of the meeting to leave the meeting. 2. Persons addressing the Board will refrain from comments, gestures, or other verbal or non-verbal communications when not recognized to offer public comment.The Chairperson is charged with enforcing orderly decorum at meetings to enable effective and efficient consideration by the Board of the stated and published purpose of the meeting; to that end the Chairperson will request person(s)causing disruptive conduct to cease such conduct. 3. In the event public comment or behavior at the meeting becomes disruptive to the Board's effective and efficient conduct of the meeting,the Chairperson may recess the meeting until such time that conditions are conducive to resume conduct of the business of the public body. If the disturbance is particularly egregious, the Chairperson may recess the meeting to reconvene at a designated time,date and place.The proposition by the Chairperson to recess or to recess and reconvene at a latertime,date and place shall be approved by the Board.If taken,the decision to recess shall be recorded in the minutes,along with the vote of the Board and a statement as to the cause of the disruption necessitating the recess. Section 3—Effective Date This resolution shall be in full force and effect from and after its passage, approval and publication as provided by law. Section 4—Publication This resolution shall be published in book or pamphlet form as provided by the Illinois Municipal Code. Section 5—Conflict Clause That all resolutions,parts of resolutions and/or board actions in conflict with the terms of this resolution shall be repealed to the extent of said conflict. 4 Section 6—Saving Clause Any part or parts of this resolution declared by a court of law to be invalid or unconstitutional shall not affect the validity of the remaining provisions of this resolution. Section 7—Recording This resolution shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Oak Brook. PASSED THIS 10th day of August, 2021. Trustees Herman, Manzo, Nagle, Reddy, and Yusuf Ayes: Nays: None Trustee Tiesenga Absent: APPROVED THIS 10th day of August, 2021. f Gopal G. Lalmalani Village President ATTEST: 0 04.0 � 1 Charlotte K. Pruss Village Clerk C-' ,o \0GPiiry 5