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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 H:\MARCIA \VOB \CHIEF OPINION A DOC P i "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 iWA e< a 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. Last saved by mrimbo I \ADMIMrkane \WORDDOMBOARD MEMOS\30 -day term doc Last printed 8/6/2004 2 32 PM 4+1" '-- r. 5 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: Last saved by Document Last printed 10/8/2004 1 28 PM .j i 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 F 0 q 99 � d O G � o C'ouNTv 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