R-1538 - 02/23/2016 - BOARD OF TRUSTEES - Resolutions Supporting Documents ITEM 8.A.2)
BOARD OF TRUSTEES MEETING
VILLAGE OF SAMUEL E. DEAN BOARD ROOM
OAK B R , K . BUTLER GOVERNMENT CENTER
mjo� 1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
630-368-5000
AGENDA ITEM
Regular Board of Trustees Meeting
of
February 23, 2016
SUBJECT: Public Comment and Participation at Public Meetings
FROM: Riccardo F. Ginex, Village Manager
Peter Friedman, Village Attorney
BUDGET SOURCE/BUDGET IMPACT: NA
RECOMMENDED MOTION: Motion to Approve Resolution R-1538, A Resolution
Approving Rules Concerning Public Comment and Participation at Public
Meetings.
Background/History:
Section 2.06 of the Illinois Open Meetings Act, 5 ILCS 120/2.06(g),provides that any
person who desires to address public officials at public meetings shall be permitted to do
so under rules established and recorded by the public body. To insure that the Village
has properly adopted and recorded rules governing public comment and participation at
public meetings, the Village Attorney has recommended that the Village Board adopt the
rules attached to the resolution.
The rules would apply to public comment and participation at Village Board meetings
and the meetings of all of the subsidiary public bodies of the Village, such as the Plan
Commission and Zoning Board of Appeals. The rules are not intended to change current
Village practice; rather, they seek to formally adopt Village practice as required by the
Open Meetings Act.
The Village Board is free to make any changes to the rules that it thinks are prudent.
Recommendation:
Staff recommends that the Village Board approve the resolution.
BOT AGENDA Page I
RESOLUTION 2016-BOT-RULES-R-1538
A RESOLUTION APPROVING RULES CONCERNING
PUBLIC COMMENT AND PARTICIPATION AT PUBLIC MEETINGS
WHEREAS, the Illinois Open Meetings Act, 5 ILCS 120/2.06(g), 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; and
WHEREAS, the Village President and Board of Trustees desires to implement rules governing
public comment and participation that will apply to meetings of the Village Board and all other public
bodies of the Village that are subject to the Open Meetings Act; and
WHEREAS, the President and Board of Trustees, being fully advised in the premises, have
determined that it is in the best interests of the Village and its residents to assure compliance with the
Open Meetings Act by adopting the "Village of Oak Brook Rules Concerning Public Comment and
Participation" attached hereto as Exhibit A("Public Comment and Participation Rules';
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Adoption of Rules. The Public Comment and Participation Rules, attached
hereto as Exhibit A, are hereby approved and adopted in their entirety.
Section 3: Repealer. All rules and policies previously adopted by the Village that conflict
with the Public Comment and Participation Rules attached hereto as Exhibit A shall be, and are hereby,
repealed and shall no longer be in force and effect.
Section 4: Effective Date. This Resolution shall be in full force and effect immediately upon its
passage and approval in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
Resolution 2016-BOT-RULES-R-1538
Adopting Public Comment and Participation Rules
Page 2 of 3
APPROVED THIS 23`d day of February, 2016
Gopal G. Lalmalani
Village President
PASSED THIS 23`d day of February, 2016
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
Resolution 2016-BOT-RULES-R-1538
Adopting Public Comment and Participation Rules
Page 3 of 3
EXHIBIT A
VILLAGE OF OAK BROOK
RULES CONCERNING PUBLIC COMMENT AND PARTICIPATION
A. AUTHORITY AND APPLICATION: These rules concerning public
comment and participation ("Rules") apply to all public bodies in the Village
("Public Bodies"), except that if a Public Body adopts, or has adopted, a more
specific protocol or procedure that provides additional opportunities for public
comment and participation, the more specific protocol or procedure shall govern
and control. The President or Chairperson of the Public Body ("President') may
designate additional time for public comment at a meeting as provided in these
Rules, subject to the approval of the Trustees or Members of the Public Body
("Trustees").
B. PUBLIC COMMENT AND PARTICIPATION:
1. Rules Governing Public Comment Time.
a. The agenda of every regular and special meeting of all Public
Bodies shall include a reservation of time at either the beginning
or end of the meeting for public comment ("Public Comment
Time").
b. Subject to Rule B.1.d, the President shall recognize and allow to
speak any person desiring to speak during Public Comment Time.
C. Public Comment Time is in addition to, and does not replace, the
opportunity for the public to speak during any duly convened
public hearing conducted by the Public Body.
d. If a person desires to speak during Public Comment Time about a
matter that is the subject of a specific agenda item at the same
meeting, and public comment will be allowed at the discretion of
the President during that agenda item. If no public comment will
be allowed during the specific agenda item, then the person will
be allowed to speak about the matter during Public Comment
Time.
e. The total amount of time allocated for Public Comment Time at
any meeting shall not exceed 30 minutes, unless determined
otherwise by the President. In the event that all persons desiring
to speak during the Public Comment Time are not able to do so
within the time limit allowed, the President may either extend the
time allocated for Public Comment Time, or allow for continuation
of Public Comment Time after the completion of all other matters
on the agenda, or as the Public Body may otherwise determine.
f. No person shall speak during the Public Comment Time for more
than five minutes, unless the President designates a longer or
shorter time period. Generally, the longer or shorter time period
will apply to all persons participating in the Public Comment Time
at the same meeting.
2. Rules Governing All Public Comment:
a. Each speaker must state his or her name in a clear manner so
that it can be recorded in the minutes of the meeting.
b. If a speaker is representing, or speaking on behalf of, an
individual, group, or association, the speaker must state the
nature of that representation.
C. For speakers desiring to use audio or visual equipment in
connection with a presentation, arrangements for such use must
be made with the Village in advance of the meeting.
d. In the interest of promoting the efficient conduct of public
business, speakers should refrain from repeating their own
testimony and comments, and should refrain from repeating
testimony and comments that have previously been provided to
the Public Body by other individuals.
e. Speaker time limits may be enforced by the President.
f. No person may be discourteous, belligerent, impertinent,
threatening, disparaging, or otherwise uncivil. The President may
limit the comments of any person who engages in this conduct.
No person may continue to speak after the President has taken
the floor from that person.
g. All questions or statements from the floor must be directed to the
President and the Trustees. All others will be ruled out of order.
h. The President shall have the right to interrupt a speaker in order to
enforce these Rules or other applicable rules.
3. Interruptions and Other Disturbances: No person shall interrupt the
proceedings of a Public Body or cause any other form of disturbance or
disruption.
4. Enforcement: Any person violating the standards of process and
decorum set forth in these Rules may be evicted from the premises of the
meeting at the order of the President or a majority of the Trustees, or be
subject to other action as deemed necessary by the President and
Trustees.
5. Written submissions. Any person shall have the right at any time to
provide written comments to any Public Body or any other Village official
by addressing those comments to: the Village of Oak Brook, c/o Village
Manager, 1200 Oak Brook Road, Oak Brook, IL 60523, and delivering the
comments via any of the following methods:
i. by personal delivery at the front desk of the Butler
Government Center between 8:00 a.m. and 4:30 p.m.
Monday through Friday;
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ii. by mail, courier, or any similar delivery service; or
iv. by email to the Village Clerk's office located on the Village
website at www.oak-brook.org.
6. Publication. These Rules will be made available for public inspection at
the front desk of the Village Hall between 8:00 a.m. and 4:30 p.m.
Monday through Friday and will be posted on the Village's website.
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