VILLAGE OF ADDISON CODE

Chapter 2 – Administration 

Article I.  In General.

 

§2-1.                Elections--Method of Conducting Generally.

§2-2.                Same--Qualifications for Elective Office Generally.

§2-3.                Interest of Village Officers or Employees in Contracts, Purchases of Property, etc.

§2-4.                Payments by Director of Finance To Be Upon Proper Warrants Only.

§2-4.1              Qualifications for Appointment to Boards or Commissions.

§2-4.2              Prohibited Representation.

§2-4.3              Nomination and Meeting Attendance.

Article II.  Board.

Division 1.  Generally

§2-5.                Governing Body of Village.

§2-6.                Composition.

§2-7.                Election and Terms of Elected Officers.

§2-8.                Oath; Compensation.

§2-9.                Voting Rights of Members.

§2-10.              Powers and Duties--Ordering Improvements.

§2-11.              Same--Taxation; Apportionment and Appropriation of Funds; etc.

§2-12.              Powers and Duties--Making or Authorizing Contracts.

§2-13.              Same-Authority over Committees, Department Heads and Officers Generally.

§2-14.              Same--Adoption of Rules Governing Order of Business, etc.

§2-15.              Same--Creation, etc., of Officers and Employment.

§2-16.              Same--Change, etc., in Compensation of Officers and Employees. 

Division 2.  Meetings

§2-17.              Regular Meetings; Presiding Officers Generally; Mayor Pro Tem.

§2-18.              Special Meetings--Generally.

§2-19.              Same--Rescinding of Vote or Action.

§2-20.              Meeting Place.

§2-21.              Quorum; Voting.

§2-22.              Robert's Rules of Order.

§2-23.              Disturbing Meetings.

§2-23.1            Pledge of Allegiance; Recess; Audience Participation. 

Division 3.  Committees.

§2-24.              Generally.

§2-25.              Building and Zoning Development Committee.

§2-26.              Finance and Policy Committee.

§2-27.              Public Health, Safety and Judicial Committee.

§2-28.              Repealed by Ord. No. 85-22.

§2-29.              Repealed by Ord. No. 85-22.

§2-30.              Repealed by Ord. No. 85-22.

§2-31.              Other Committees; Reports.

Article III. Officers and Employees.

Division 1.  Generally.

§2-32.              Delivery of Books and Records to Successor in Office, etc.

§2-32.1            Repealed by Ord. No. 97-68.

§2-32.2            Repealed by Ord. No. 97-68.

§2-33.              Compensation Generally.

§2-34.              Inspection of Records.

§2-35.              Bond.

§2-36.              Repealed by Ord. No. 87-41.

§2-37.              Impersonating.

§2-38.              Participation of Village in Illinois Municipal Retirement Fund.

§2-38.1            Deputy Mayor.

 

Division 2.  Mayor.

§2-39.              Election; Term.

§2-39.1            Village President is Mayor.

§2-40.              Powers and Duties Generally.

§2-41.              Removal of Officers.

§2-42.              Appointment of Special Counsel.

§2-43.              Bond; Oath; Compensation.

 

Division 3.  Clerk

Subdivision 1. In General.

§2-44.              Election; Term.

§2-45.              Bond.

§2-46.              Vacancy in Office.

§2-47.              Deputy Clerk.

§2-47.1            Hours of the Clerk's Office.

Subdivision II. Powers and Duties.

§2-48.              Sealing and Attestation of Contracts, Licenses, etc.

§2-49.              Duties.

Administration

§2-50.              Repealed by Ordinance No. 84-50.

§2-51.              Repealed by Ordinance No. 84-50.

§2-52.              Repealed by Ordinance No. 84-50.

Division 4. Officials Appointed by Board.

Subdivision 1. In General.

§2-53.              Enumerated.

§2-54.              Method of Appointment.

§2-55.              Repealed by Ord. 89-91, 10/16/89.

Subdivision II.  Treasurer.

§2-56.              Office Created; Appointment.

§2-57.              Duties Generally.

§2-58.              Bond.

§2-59.              Deposit of Village Funds; Private Use of Village Money Prohibited.

§2-60.              Investment Report.

§2-61.              Records.

§2-62.              Books and Accounts.

Subdivision III.  Collector.

§2-63 through §2-72 repealed by Ord. 0-88-19.

Subdivision IV.  Manager.

§2-73.              Creation of Office; Appointment.

§2-74.              Powers and Duties Generally.

§2-75.              Custodian of Village Property Not Assigned to Other Officers.

§2-76.              Absence from Village, etc.

Subdivision V.  Attorney.

§2-77.              Office Created; Appointment.

§2-78.              Powers and Duties--Suits and Actions Involving Village or Village Officers.

§2-79.              Same--Enforcement of Judgments and Decrees, etc.

§2-80.              Same--Legal Advisor to Village.

§2-81.              Same--Special Assessment and Condemnation Proceedings.

§2-82.              Same--Drafting of Ordinances and Documents.

§2-83.              Same--Service as Village Prosecutor.
 

Administration

Subdivision VI.  Chief of Police.

§2-84 through §2-85 repealed by Ord. No. 12-38.

Subdivision VII.  Assistant Chief of Police.

§2-86 through §2-87 repealed by Ord. No. 77-70.

Division 5. Persons Hired by Manager.

§2-88.              Absence from the Village.

§2-89 through §2-91 reserved for future legislation.

Subdivision I. Assistant Village Manager/Director of Community Development.

§2-92.              Department of Community Development Established.

§2-93               Office Created; Hiring.

§2-94.              Qualifications.

§2-95.              Duties Generally.

§2-96.              Additional Powers and Duties.

§2-97.              Same–Stop Orders.

§2-98.              Same--Right of Entry for Purpose of Inspection.

§2-99.              Same--Ex Officio Electrical Inspector.

Subdivision II.  Director of Human Resources/Risk Management 

§2-100.            Office Created; Hiring.

Subdivision III.  (Reserved for future use)

Subdivision IV. Public Works Director.

§2-101.            Office Created; Hiring.

§2-102.            Powers and Duties--Generally.

§2-103.            Same--Supervision, Repair, etc., of Street Lighting.

§2-104.            Same--Care, Functioning, etc. of Water and Wastewater Treatment Systems.

§2-105.            Same--Supervision of Employees of Public Works Department.

§2-106.            Same--Charge of Forestry Department.

Subdivision V. Director of Environmental Services.

§2-107.            Office Created; Hiring.

§2-108.            Powers and Duties Generally.

Administration

Subdivision VI. Director of Community Relations.

§2-109.1          Office Created; Hiring.

§2-109.2          Duties.

Subdivision VII.  Director of Finance.

§2-110.1          Office Created; Hiring.

§2-110.2          Powers and Duties Generally.

Article IV. Boards and Commissions.

Division 1. Board of Local Improvements.

§2-111.            Establishment; Composition.

§2-112.            Powers and Duties Generally.

Division 2. Plan Commission.

[Provisions in the Zoning Ordinance of the Village.]

Division 3. Zoning Board of Appeals.

[Provisions in the Zoning Ordinance of the Village.]

Division 4. Cultural Arts Development Commission.

§2-113.            Creation; Purpose; Composition.

§2-114.            Appointment; Chairman; Members of Village Board Ineligible.

§2-115.            Terms.

§2-116.            Powers and Duties Generally.

§2-117.            Promulgation of Rules and Regulations Concerning Operation.

Division 5. Historical Commission.

§2-118.            Creation.

§2-119.            Composition; Terms; Chairman; Treasurer.

§2-120.            Duties.

§2-121.            Reports.

§2-122.            Financing.

Division 6. Commercial and Industrial Commission.

§2-123.            Creation; Composition.

Administration

§2-124.            Appointment of Members.

§2-125.            Term of Members.

§2-126.            Annual Report.

§2-127.            Duties.

§2-128.            Rules and Regulations Concerning Operation.

Division 7. Tenant and Landlord Commission

(Established by Ordinance No. O-02-35, 3/18/02)

§2-129.            Establishment.

§2-130.            Appointment of Members.

§2-131.            Term.

§2-132.            Functions.

§2-133.            Duties.

§2-134.            Rules and Regulations.

Division 8. Blood Bank Commission.

§2-135.            Creation; Composition.

§2-136.            Appointment of Members.

§2-137.            Terms of Members.

§2-138.            Annual Report.

§2-139.            Duties.

§2-140.            Rules and Regulations Concerning Operation.

Division 9. Housing Advisory Commission.

§2-141 through §2-146 repealed by Ord. 87-54.

Division 10. Drug Abuse Commission.

§2-147 through §2-152 repealed by Ord. 83-27.

Division 11. Electrical Commission.

§2-153.            Creation and Membership.

§2-154.            Functions.

§2-155.            Permits.

Division 12. Special Events Commission. 

§2-166             Establishment of Commission

§2-167             Commission Membership

§2-168             Meetings and Bylaws

§2-169             Duties of Commission

Division 13. Cable Television Commission.

§2-171 through §2-174 repealed by Ordinance No. 0-92-45.

Division 14. Substance Responsibility Commission.

§2-175 through §2-181 repealed by Ordinance No. O-98-20.

Division 15. Environmental Impact Commission.

§2-182 through §187 repealed by Ordinance No. O-99-204.

Division 16. Senior Citizens Commission.

§2-188.            Establishment of Commission.

§2-189.            Commission Membership.

§2-190.            Meetings and Bylaws.

§2-191.            Purpose of Commission.

§2-192.            Duties of Commission.

§2-193.            Annual Report.

Division 17. Hearing Board and Hearing Officer--

Contracts Involving Federal Funds.

§2-194.            Creation.

§2-195.            Membership.

§2-196.            Duties and Powers.

§2-197.            Procedure.

Division 18. Citizens Advisory Council

§2-198.            Establishment of Council.

§2-199.            Council Membership.

§2-200.            Meetings and Bylaws.

§2-201.            Purpose of Council.

§2-202.            Duties of Council.

Article V.  Noncompensated Positions

Division 1.  Special Assistant to the Mayor

§2-203             Creation of Position; Appointment.

§2-204             Qualifications; Compensation.

§2-205             Removal of the Special Assistant to the Mayor.

§2-206             Duties.


Article 1.  In General.

Sec. 2-1.          Elections--Method of Conducting Generally.   [back to top]

No person shall be eligible for appointment to a board or commission of the Village unless he is a qualified elector of the Village and has resided therein at least one (1) year next preceding his appointment.  However, if it is impossible for all members to be qualified electors of the Village, and there is no statutory prohibition, one (1) member may be appointed who resides outside the Village limits.  (Ord. Nos. 77-37; 80-17)

Sec. 2-2.          Same--Qualifications for Elective Office Generally.  [back to top]

No person shall be eligible to any Village office unless he is a qualified elector of the Village and has resided therein at least one (1) year next preceding his election or appointment.  However, these requirements shall not apply to the Village Engineer, health officers or other officers who require technical training or knowledge, nor shall these requirements apply to the Village Attorney.  No person shall be eligible to any Village office who is a defaulter to the Village.

Sec. 2-3.          Interest of Village Officers or Employees in Contracts, Purchases of Property, etc.   [back to top]

No Village officer or employee shall be interested, directly or indirectly, in any contract, work or business of the Village, or in the sale of any article, whenever the expense, price or consideration of the contract, work business or sale is paid either from the treasury or by any assessment levied by any statute or ordinance.  No Village officer or employee shall be interested, directly or indirectly, in the purchase of any property which: (a) belongs to the Village; or (b) is sold for taxes or assessments; or (c) is sold by virtue of legal process at the suit of the Village.

Sec. 2-4.          Payments by Director of Finance To Be Upon Proper Warrants Only.  [back to top]

All warrants, except as hereinafter noted, drawn upon the Director of Finance shall be signed by the Director of Finance and countersigned by the Mayor, stating the particular fund or appropriation to which such warrant is chargeable and the person to whom payable. No money shall be otherwise paid that upon warrants so drawn, except as provided by law.  The Treasurer of the Village shall sign all warrants for payments from or into the policemen's retirement pension fund as required by state law.  (4-11-66, §2-2; Ord. No. 75-54, §1.) 

Sec. 2-4.1.       Qualifications for Appointment to Boards or Commissions.  [back to top]

No person shall be eligible for appointment to a board or commission of the Village unless he is a qualified elector of the Village and has resided therein at least one (1) year next preceding his appointment.  However, if there are no statutory prohibitions, the appointments may be made from outside the Village limits; provided, that no board or commission may contain a majority of members who are not residents of the Village.  (Ord. No. 77-37; 80-17; 83-39)

Sec. 2-4.2.       Prohibited Representation.  [back to top]

No member of a board or commission of the Village may represent a third party in any matter brought before the member's board or commission.  Violation of this section's prohibition regarding third-party representation shall result in the automatic forfeiture of the member's office or position on such board or commission.  (Ord. No. 13-45)

Sec. 2-4.3.       Nomination and Meeting Attendance.  [back to top]

This Section shall apply only to the following Village commissions: 

(1)               Planning and Zoning Commission;

(2)               Cultural Arts Development Commission;

(3)               Historical Commission;

(4)               Commercial and Industrial Commission;

(5)               Tenant and Landlord Commission;

(6)               Blood Bank Commission;

(7)               Special Events Commission;

(8)               Senior Citizens Commission; 

(9)               Citizens Advisory Council;

(10)              Advisory Liquor Commission; and

(11)              Police Commission. 

(A)              A candidate for appointment to any of the aforesaid commissions shall be interviewed by both the Mayor and the Chairman of that commission prior to the nomination of the candidate for appointment. 

(B)              A member of any of the aforesaid commissions shall attend at least 75% of the regular meetings of that commission during the calendar year; provided, however, a member’s absence may be excused by the chairman of the commission for good cause.  A commission member who fails to meet the attendance requirement shall be subject to immediate removal by the Mayor.  (Ord. No. 13-46)

Article II.  Board.

DIVISION 1.  GENERALLY.

Sec. 2-5.          Governing Body of Village.  [back to top]

The Village shall be governed by a Village Board. (4-11-66, §2-3)

Sec. 2-6.          Composition.  [back to top]

The Village Board shall consist of a Mayor and six Trustees.  (4-11-66, §2-4.)

Sec. 2-7.          Election and Terms of Elected Officers.  [back to top]

The Board of Trustees, which shall consist of six (6) members, shall be elected to office for four (4) year terms with one-half (1/2) of such number elected every two (2) years according to the method provided by statute.

All newly elected officers of the Village shall be inaugurated at the time of the first regular or special meeting of the corporate authorities in the month of May following the canvass of the votes by the DuPage County Election Commission.  (Code 1959, §6; Ord. 97-58; 07-41)

Sec. 2-8.          Oath; Compensation.  [back to top]

The members of the Board shall take the oath of office prescribed by statute and shall receive such compensation as may be provided by provisions of this Code or other ordinances of the Village.  (Code 1959, §7.) 

Sec. 2-9.          Voting Rights of Members.  [back to top]

Each member of the Board of Trustees shall have the right to vote on all questions coming before the Board, unless he is directly interested in such questions. (4-11-66, §2-5.)

Sec. 2-10.        Powers and Duties--Ordering Improvements.  [back to top]

The Village Board shall, in addition to all other powers and duties conferred thereon, make all orders for doing the work or the making of any improvement within the Village.  This duty shall be subject to the exceptions contained in this Code or other ordinances of the Village with respect to the duties of the Village Manager.  (4-11-66, §2-6.)

Sec. 2-11.        Same--Taxation; Apportionment and Appropriation of Funds; etc.  [back to top]

The Village Board shall levy all taxes, apportion and appropriate all funds and audit and allow all bills, accounts, claims and payrolls and order the payment thereof.  (4-11-66, §2-7.)

Sec. 2-12.        Powers and Duties--Making or Authorizing Contracts.  [back to top]

The Village Board shall authorize the making of and approve all contracts with the Village and purchases above the amount of ten thousand dollars ($10,000).  The Manager shall have authority to contract or purchase for lesser amounts as provided in Subsection 2-74(F) below.  (Ord. 78-19-1; 89-67; 96-10; 97-42)

Sec. 2-13.        Same--Authority over Committees, Department Heads and Officers Generally.  [back to top]

All committees, department heads and officers shall be agents of the Village Board, and all their acts and doings shall be subject to review and to approval or revocation by the Village Board.  They shall make reports in writing to the Board as required by law concerning the affairs of their particular functions or assignment, and they may be required by the Village Board to make special reports in writing concerning affairs of their function or assignment other than the regular weekly or monthly reports.  (4-11-66, §§2-9.) 

Sec. 2-14.        Same--Adoption of Rules Governing Order of Business, etc.  [back to top]

The Village Board shall adopt rules governing its order of business and prescribing the manner in which legislation shall be considered, which rules and order of business shall not be inconsistent with state law, the provisions of the Code and other ordinances of the Village.  (4-11-66, §§2-10.)

Sec. 2-15.        Same--Creation, etc., of Offices and Employment.  [back to top]

The Village Board shall have the power by ordinance, from time to time, to create and discontinue offices and employment.  (4-11-66, §2-11.)

Sec. 2-16.        Same--Change, etc., in Compensation of Officers and Employees.  [back to top]

The Village Board may, by ordinance, prescribe, limit or change the compensation of all officers and employees. (4-11-66, §2-13.)

DIVISION 2.  MEETINGS.

Sec. 2-17.        Regular Meetings; Presiding Officers Generally; Mayor Pro Tem.  [back to top]

The regular meetings of the Village Board shall be held on the first and third Monday of each month at 7:30 P.M.  The Mayor shall preside at all meetings of the Board and shall not vote unless his vote is necessary for a majority or statutory approval.  In the absence of the Mayor, the Deputy Mayor, if any, or in his absence the Chairman of the Finance and Policies Committee, or in his absence, the Chairman of the Building, Zoning and Development Committee shall act as mayor pro tem, in the order indicated.    (Code 1959, §§3, 8, 9; 4-11-66, §2-15; Ord. 85-22; 95-62; 02-69)

Sec. 2-18.        Special Meetings--Generally.  [back to top]

The Mayor or any three (3) Trustees, upon twenty-four (24) hours' notice, may call a special meeting of the Board by giving written or printed notice at the usual place of business of each member before the hour of holding such meeting.  Such notice shall state the object of such meeting and may be served by any member of the Police Department or any member of the Board or other officer of the Village, who shall certify that he has served such notice, showing in what manner the same has been served.  Such notices and copies  thereof  shall  be  prepared  by  the  Village  Clerk  when requested. At any regular meeting, a majority of the Village Board may call a special meeting, and such special meeting shall be noted by the Village Clerk in the minutes of that meeting. (Code 1959, §8; 4-11-66, §2-16.) 

Sec. 2-19.        Same--Rescinding of Vote or Action.  [back to top]

No vote or action of the Board shall be rescinded at any special meeting of the Board, unless the same number of members of the Board as were present at the meeting when such vote or action was taken are present at such special meeting. (Code 1959, §11.)

Sec. 2-20.        Meeting Place.  [back to top]

The meeting place of the Village Board shall be at the Village Hall, council chambers, unless otherwise ordered by the Board.

Sec. 2-21. Quorum; Voting.  [back to top]

Four (4) members of the Village Board, including the Mayor, shall constitute a quorum to do business, but no ordinance shall be passed except upon the favorable vote of a majority of the elected members.  A vote of three-fourth (3/4) of the Trustees shall be required to vacate a street or alley; the computation of this percentage shall be done excluding the Mayor.  Upon every vote the "ayes" and "nays" shall be called and recorded, and upon every motion, resolution or ordinance, if the President or any member shall require it, shall be reduced to writing and read before a vote shall be taken thereon. Every Trustee present shall vote thereon unless the Village Board shall for good reason shown excuse him from voting, or unless he is directly interested therein, in which case he shall not be entitled to vote. (Code 1959, §16; 4-11-66, §2-14.)

Sec. 2-22.        Robert's Rules of Order.  [back to top]

Robert's Rules of Order shall govern the deliberations of the Village Board, except when in conflict with any of the foregoing rules or statutes of the state. (Code 1959, §15).

Sec. 2-23.        Disturbing Meetings.  [back to top]

It shall be unlawful for any person to disturb any meeting of the Village Board or of any committee thereof. Such person may be ejected from such meeting by a police officer. (Code 1959, §18.) 

Sec. 2-23.1.     Pledge of Allegiance; Recess; Audience Participation.  [back to top]

There shall be a pledge of allegiance at each Board meeting after the call to order and prior to the invocation.  At the termination of old business as set forth in the agenda, there shall be a ten (10) minute recess during which time the audience shall be permitted to discuss with the Trustees matters as set forth in that evening's agenda. (Ord. No. 75-27; 89-10.)

DIVISION 3.  COMMITTEES.

Sec. 2-24.        Generally.  [back to top]

The Mayor with the concurrence of the Board of Trustees by the third Monday of May in each year, or as soon thereafter as may be, shall appoint the following committees:  a building, zoning and development committee, finance and policies committee, and public health, safety and judicial committee, each committee being made up of a chairman and a vice-chairman and the rest of the entire Board of Trustees.

Each committee shall be comprised of all members of the Board of Trustees.  The chairman and vice-chairman of each committee shall be appointed by the Mayor with the advice of the Board of Trustees.

Each member of the Board shall be appointed as either a chairman or a vice-chairman of one (1) of the three (3) standings committees.  (Code 1959, Sec. 17; Ord. 68-16; 85-22).

Sec. 2-25.        Building, Zoning and Development Committee.  [back to top]

The Building, Zoning and Development Committee shall be responsible for review and recommendations pertaining to all annexations and zonings, building code, zoning ordinance, subdivision control ordinance and planned development.  It shall also be responsible for review and recommendations involving engineering related to all subdivisions including planned developments.

It shall also be responsible for generating policy recommendations for streets, roads, alleys, drainage, sidewalks, sewers, crossings, bridges, public grounds, streets and traffic lights of the Village.  It shall perform such other duties as required by ordinance, resolution or order of the Village Board.  (Ord. 68-16; 85-22) 

Sec. 2-26.        Finance and Policy Committee.  [back to top]

The Finance and Policy Committee shall be responsible for generating recommendations dealing with financial policy for the Village.  It shall examine the dockets of the magistrate court, the records and all files of the Treasurer and Clerk and see that they make reports as required by the provisions of this Code or other ordinances of the Village.  It shall examine all bills and claims against the Village referred to them and recommend payment of same by motion.

It shall also be responsible for generating recommendations on administrative policies of the Village.  Such policies shall include but not be limited to all matters pertaining to purchasing, wages and salaries, human relations, public relations and building and grounds. It shall perform such other duties as required by ordinance, resolution or order of the Village Board.  (Ord. 68-16; 85-22)

Sec. 2-27.        Public Health, Safety and Judicial Committee.  [back to top]

The Public Health, Safety and Judicial Committee shall be responsible for policy recommendations pertaining to the Police Department. It shall recommend coordinating policies to the Mayor for interrelationships between the Village and fire district and the Village and the Board of Police Commissioners.

It shall also be responsible for preparing and recommending codified versions of ordinances and amendments thereto; as well as a periodic review of all existing ordinances.  It shall perform such other duties as required by ordinance, resolution or order of the Village Board.  (Ord 85-22)

[§§2-28 through 2-30 repealed by Ord. No. 85-22.]

Sec. 2-31.        Other Committees; Reports.  [back to top]

All other committees shall perform such duties as are enjoined upon them by state law, provisions of this Code or other ordinances of the Village or resolutions or orders of the Village Board; all committees shall report all matters referred to them in writing, and no report shall be received unless signed by a majority of such committee, but a minority report may be submitted and the Board may, in its discretion, adopt such minority report. (4-11-66, §2-21.) 
 

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