S-1018 - 05/14/2002 - BOARD - Ordinances Supporting Documents9. B. VILLAGE MANAGER:
Village Manager Veitch stated that the Gypsy Moth first application should
occur this week if the weather is warm enough. The report of the results of the
2002 Citizens Survey is available.
The 2003 Village Board Objectives Workshop will occur on Monday, June 3,
2002 at 7:30 p.m.
10. DEPARTMENTAL REPORTS — LIAISON ASSIGNMENTS:
Community Development
Trustee Savino
Finance & Purchasing
President Bushy
Library & Technology
Trustee Korin
Public Safety
Trustee Caleel
Engineering, Public Works & Safety Pathway System
Trustee Miologos
Sports Core, Community Events & Hotel, Convention
Trustee Craig
& Visitors Committee
Village Clerk
Clerk Gonnella
Monthly Reports were accepted as presented and placed on file.
I L UNFINISHED AND NEW BUSINESS:
A. DISCUSSION - TRUSTEE APPOINTMENT POLI
The draft policy ordinance forwarded to the Board addresses questions to be
asked of a proposed appointee in both closed and open session, but does not
mandate either approach. It also would require each member of the Board
who votes on confirmation to state the reason for his/her vote. The
desirability and usefulness of some of these provisions are among the
matters that the Board may wish to discuss.
President Bushy noted that since two Trustees were not in attendance, that
the Board might wish to address this issue when the full Board was present.
Trustee Caleel commented that he felt the process used to confirm the
nomination of Stelios Aktipis worked well and that the proposed policy
ordinance set forth that process with the exceptions of items D and F.
Discussion ensued related to the legality of passing an ordinance, which was
previously distributed when the topic was listed as a discussion item and
that traditionally major policy decisions were deferred until the whole Board
was in attendance.
A. Attorney Martens indicated that there was recent litigation related to the
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1 1. issue of taking action on an item not listed on the agenda, but that he did
believe a listed item such as this could be acted on legally if the Board
wished to do so.
Motion by Trustee Caleel, seconded by Trustee Craig, to amend the
ordinance to delete items D and F, reletter the remaining items, and pass the
"Ordinance Establishing the Policy of the Village President and Board of
Trustees of the Village of Oak Brook with Respect to Appointment of
Village Trustees" as amended. ROLL CALL VOTE:
Ayes: 4 - Trustees Caleel, Craig, Korin and Miologos.
Nays: 0 - None.
Absent: 1 - Trustee Savino. Motion carried
12. OTHER BUSINESS PERTAINING TO VILLAGE OPERATIONS:
Robin Zahran, 718 Acorn Hill Lane, commented that in his opinion certain
residents are being excluded from committees and boards of the Village. He
stated that after September 11, 2001 views have changed on individuals in this
country. He felt that our Police Department has not investigated thoroughly an
incident that occurred at his home recently. Attorney Martens responded that if
he felt he was discriminated against because of his ethnicity, he may contact the
Police Chief or State's Attorney's Office. If it has to do with process servers,
he may contact their office in Springfield or Chicago if he felt they were
offensive and an investigation would likely occur.
Trustee Miologos suggested that the Village Board research this. President
Bushy noted that Mr. Zahran was given in writing the procedure to follow but
did not respond to the letter. Trustee Caleel asked that more information be
given to the Village Board before the next meeting explaining what has
occurred.
13. ADJOURNMENT:
Motion by Trustee Craig, seconded by Trustee Caleel, to adjourn the meeting at
9:37 p.m. VOICE VOTE: Motion carried.
ATTEST:
Linda K. Gonnella, CMC
Village Clerk
VILLAGE OF OAK BROOK Minutes
11
Page 15 of 15 May 14, 2002
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ADJRN
ORDINANCE 2002- BD- BOT- PLCY -S -1018
AN ORDINANCE ESTABLISHING THE POLICY OF
THE VILLAGE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK
WITH RESPECT TO APPOINTMENT OF VILLAGE TRUSTEES
WHEREAS, from time to time it becomes necessary for the Village President and the Board of
Trustees of the Village of Oak Brook (the "Board ") to appoint and confirm an individual to fill a vacancy in
the position of Trustee; and
WHEREAS, 65 ILCS 5/3.1 -10 -50 (the "Statute "), attached hereto as Exhibit A, provides within
Subsection (c) that, "A vacancy in any elective office other than mayor or president shall be filled by
appointment by the mayor or president, with the advice and consent of the corporate authorities. "; and
WHEREAS, The Statute provides within Subsection (e) that an appointment shall be made within
60 days after the vacancy occurs; and
WHEREAS, the Board recognizes the statutory authority of the Village President to appoint
individuals to the position of Trustee in accordance with the Statute and does not intend to infringe on that
authority in any way; and
WHEREAS, the Board desires, consistent with the Statute, to establish certain other policies and
procedures concerning the appointment of individuals to fill vacancies in the position of Trustee;
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as
follows:
Section 1: That the provisions of the preamble are hereby adopted as though fully set forth
herein.
Section 2: That when it becomes necessary to appoint an individual to fill a vacancy in the
position of Trustee the following procedure shall be employed:
A. The Village President shall forward to the Board the name and curriculum vitae of the person
that the President desires to appoint to fill the vacancy.
B. The Village President and Board may convene in closed session, in accordance with
applicable law, to discuss the proposed appointment and may conduct a formal interview of
the proposed appointee in closed session.
C. Thereafter, but in any case within 60 days after the vacancy occurs, the Village President
shall appoint an individual to fill the vacancy, subject to the advice and consent of the Board.
D. Either at the meeting at which the appointment is announced, or at the next regular meeting
of the Board, the Board shall vote on confirmation of the appointment.
Ordinance 2002- BD- BOT- PLCY -S -1018
Appointment of Village Trustees
Policy, Page 2
Section 3: Pursuant to the Statute, which provides for the advice and consent of the "corporate
authorities ", it is hereby recognized that the Village President is a member thereof and empowered to vote
on the appointment. The outcome of any vote on confirmation will be determined by a majority of those
members voting.
Section 4: That the validity of any action otherwise taken by the Village President and Board in
accordance with applicable law shall not be invalidated, impaired or otherwise affected by noncompliance
with any part of the procedures or policy set forth in this ordinance.
Section 5: That all ordinances or resolutions or parts of ordinances and resolutions in conflict with
this ordinance are hereby repealed.
Section 6: That this ordinance shall be in full force and effect from and after passage and
approval pursuant to law.
PASSED THIS 141 day of May, 2002.
Ayes: Trustees Caleel. Craig. Korin and Miologos
Nays: None
Absent: Trustee Savino
Abstain: Done
APPROVED THIS 14th day of May, 2002.
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Approved as to Form:
Village Attorney
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Published
Date Paper
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