May 30, 2012 Steven M. Elrod Hart M. Passman Holland & Knight LLP - - PowerPoint PPT Presentation
May 30, 2012 Steven M. Elrod Hart M. Passman Holland & Knight LLP Lincolnwood Village Attorney Welcome Training Program Designed to: Familiarize Commissioners with roles and responsibilities Clarify roles and responsibilities of
Steven M. Elrod Hart M. Passman Holland & Knight LLP Lincolnwood Village Attorney
Training Program Designed to: Familiarize Commissioners with roles and
Clarify roles and responsibilities of Commission
Enhance effectiveness of Commission meetings Familiarize Commissioners with Illinois laws
Ensure compliance with legal and ethical
Appointment of Commissioners
Mayor appoints, with advice and consent of Village
Board
Exception: Police Pension Board, ETSB
Term of Office: 3 Years
Exception: Police Pension Board (2 Years) Term does not expire until successor duly appointed Maximum of 4 consecutive 3‐year terms
Commission Members must be a Village resident for at
least one year before appointment
Exception: Police Pension Board, EDC (2 members may
be non‐residents)
Commissioner Attendance Policy
Commission members are expected to attend the
Mayor may remove any Commission member who
Except: BFPC (hearing required)
Each Commission to adopt its own rules of procedure Appointment of Chairperson and Other Officers Plan Commission and ZBA: Chairperson appointed by
Other Commissions: Appointed by Commission Report to Village Board: Bi‐Annual/2 years
Commission Chair / Vice‐Chair Presides over meetings Signs Commission documents Also assumes roles and responsibilities of a
In the absence of the Chair, the Vice‐Chair exercises
Federalism States Local Governments are creatures of the state Illinois Local Governments Counties Townships School Districts Municipalities Special Districts
Municipal Authority/Home Rule Forms of Governments ‐ General Commission Form Strong Mayor Managerial Form Lincolnwood Form of Government
10
11
5 ILCS 140 “All records in the custody or possession of a
public body are presumed to be open to inspection or copying.”
“The General Assembly declares that providing
records in compliance with the requirements of this Act is a primary duty of public bodies to the people of this State, and this Act should be construed to this end, fiscal obligations notwithstanding.”
Act significantly amended as of January 2010
Public Bodies Legislative, executive, administrative or advisory bodies of the state of
Illinois
Counties, townships, cities, villages, school district and other municipal
corporations
Any subsidiary bodies thereof Public Records – All materials: prepared by or for, used by, received by, in possession of, or under control
pertaining to transaction of public business regardless of format. Not in possession of public body No obligation to create records
Timing 5 business days One permitted 5 business day extension for specific
Commercial requests (10 days to respond; w/out
Denials
5 ILCS 120 Applies to “Public Bodies” Legislative, executive, administrative, and advisory
State, counties, townships, cities, villages, and other
All subsidiary bodies (boards, commissions,
Regular Meetings Annual schedule of regular meetings Agenda posted 48 hours in advance Special Meetings 48 hours advance notice + agenda
Notice as soon as practicable to news media Location Held at “times and places which are convenient and open to the
public”
Public notice and agenda of meetings must be provided
Final action limited to items properly noticed on posted
All Commissions must keep minutes of its proceedings,
E‐mails continue to pose challenges: Avoid communicating with other Commissioners in chat
rooms
If you desire to discuss pubic business informally via e‐mail,
confine the e‐mail to fewer than a “majority of a quorum” of the public body (two)
If you desire to distribute information to all members of the
public body, remind the recipients “DO NOT REPLY TO ALL” and if you are a recipient, DO NOT REPLY TO ALL!
Do not assume that e‐mails are confidential, in light of broad
disclosure requirements of FOIA and in light of recent Attorney General Opinion
Limited basis for qualification
Personal illness or disability Employment purposes Business of the public body Family or other emergency
Quorum must be physically present Speaker phone must be audible to all Electronic participant must be identified (voice
recognized)
Exception to rule that meetings must be open to the
Process for going into closed session Motion to close stating exception(s) authorizing
Majority roll call vote
Pending or imminent litigation Personnel matters Collective bargaining negotiations Purchase or lease of property Setting price for sale of property Appointment, discipline or removal of public officers Review closed session minutes
Minutes Verbatim Recordings
Public Act 97‐504
Requires every elected or appointed official of a public body that is
subject to the OMA and that was elected or appointed prior to January 1, 2012, to successfully complete the electronic OMA training
prior to January 1, 2013.
If elected or appointed after January 1, 2012, must successfully
complete the electronic OMA training within 90 days.
Once complete, the elected or appointed official must file a copy of
the certificate of completion with the Village Clerk.
Establishment of Quorum Lincolnwood Code: Majority of voting members =
Roberts: once quorum established; presumed to exist No business shall be conducted without a quorum Commission Action: vote of a majority of a quorum
Motion/Second Chair cannot make motion If you make a motion, you should refrain from speaking
If you second a motion, you can speak and
“I changed my mind” Changing a member’s individual vote: Member may change his/her
vote up until the time the Chair announces result; thereafter only by unanimous consent
Motion to Reconsider an Approved Motion: Must be made at same meeting as motion approved Must be made by member of prevailing side Any member can second Effect is that main motion is put back on table Motion to Rescind an Approved Motion Approved motions may be rescinded (but not if rights have
intervened and vested)
Motion to Call the Previous Question Ends debate and allows for a vote on the pending
Maker must have the floor and the motion must be
Cannot blurt out “Call the Question!” Is not debatable Requires 2/3 vote
Motion to Table (or Lay on the Table): enables the Board to lay a pending matter aside temporarily powerful tool designed to immediately halt all consideration
without debate
no time set for taking matter up again resumed at will of majority takes precedence; non‐debatable; no further discussion Intended to deal with urgent matters, not to delay
consideration
Should not be used simply to postpone a matter
Motion to Postpone (to a certain time or definitely) the proper way to simply put off a matter to a specific
e.g., to gather more information; or to wait until
Is debatable; discussion allowed
35
OPENING THE MEETING
APPROVAL OF MINUTES FOLLOW AGENDA ENTERTAIN MOTIONS
CALL FOR A SECOND
36
STATING THE QUESTION (following motion and second)
"It is moved and seconded that [or "to"] . . ."
DISCUSSION/DEBATE ON THE MOTION (members
WHEN DEBATE APPEARS TO HAVE ENDED (if no
"Are you ready for the question?"
FOLLOWING THE VOTE, ANNOUNCE RESULT
Officers and employees may not perform a “Prohibited
No use of Village property or resources for personal
May not require other officers or employees to engage in
Solicitation of political contributions Circulation of candidate petitions Distribution of political literature Wearing of political buttons or apparel Note: Voluntary activity performed “off‐the‐clock” is
General: Officials and employees may not solicit or accept a
“Gift” from a “Prohibited Source”
Gift: Any “tangible or intangible item having monetary value” Money Food and drink Honoraria for speaking engagements Prohibited Source: Someone seeking official Village action or business Someone who does business with Village Conducts activity regulated by the Village Someone with interests “that may be substantially
affected” by Village action or non‐action
Exceptions to Gift Ban: Lawful political contributions Gifts from relatives and friends But not if official or employee believes that gift is connected to
the official’s position or employment
Special Village rule: Gifts worth over $100 are presumed to be
inducement for official action [Code Sec. 1‐4‐3(B)(2)]
Educational materials and missions Travel expenses Food and drink of up to $75.00 per day, for on‐premises
consumption
Less than $100 of value from any one Prohibited Source Otherwise‐prohibited gift can be accepted if recipient donates value
to charity
No officer or employee shall engage in any business or
44
45
INTEREST Any direct or indirect benefit accruing to a
public official or employee or his or her family members, whether in a public official's or employee's own name or the name of any person as a result of a contract or transaction which is or which is known will become the subject of an official act or action by or with the Village, except for such contracts or transactions which by their terms and by the substance of their provisions confer the
benefits to all other citizens of the Village and except that benefits accruing to any business entity in which a public
than 7.5% and the award of the contract would not cause the aggregate amount of all such contracts awarded to the same business entity in the same fiscal year to exceed $25,000, shall not be deemed to be benefits accruing to such public official or employee.
Any public official or employee who has (or whose
46
No public official or employee shall grant any special
47
If Recusal is Necessary: Commission Chair asks Recused Commissioner to
Recused Commissioner retires to room or location not
Commissioners are discouraged from meeting with
If such a meeting must occur:
A member of Village staff should be present The individual must establish that he or she is acting