Skip to code content (skip section selection)
1. ORGANIZATION OF CODE
2. SEAL, FISCAL YEAR, OFFICIAL TIME, CHARGES FOR RECORDS, BUDGET, BAD CHECK SERVICE CHARGE
3. VILLAGE PRESIDENT
4. BOARD OF TRUSTEES
5. RULES OF ORDER AND PROCEDURES
6. VILLAGE CLERK
7. USE OF VILLAGE PROPERTY
9. DISCRIMINATORY WORKPLACE HARASSMENT POLICY
1-1-4 Numbering of sections
1-1-5 Distribution of code
1-1-6 Construction of words
1-1-7 Reference to section numbers
1-1-8 Amendment of section subject to penalty
1-1-9 General penalty
1-1-10 Offense having two penalties
1-1-11 Repeal of general ordinances
1-1-12 Further effect of repeal
1-1-13 Repeal of repealing ordinance
1-1-14 Invalidation of part
1-1-15 Liability of employers and agents
1-1-17 Waiver to the code of ordinances
Publication of ordinances, see § 1-6-17
Upon adoption by the Board of Trustees of an ordinance adopting this code in its entirety, the code and all amendments thereto as are from time to time passed, shall be declared to be and shall hereafter constitute the official “Code of Ordinances of the Village of Carol Stream”. The passage of this code, or portions thereof, shall not effect the continuing validity of prior ordinances of the village with which this code is not in conflict, or ordinances which are passed, but not specifically made a part of this code. Any reference made to the number of any section contained herein shall be understood to refer to the position of the same under its appropriate chapter and article heading, and to the general penalty clause relating thereto, as well as the section itself, when reference is made to this code of ordinances by title in any legal document.
This code of ordinances, as hereby presented in printed form, shall hereafter be received without further proof in all courts and in all administrative tribunals of the state as the ordinances of the Village of Carol Stream of general and permanent effect.
Any additions or amendments to this code, when passed in such form as to indicate the intention of the Board of Trustees to make the same a part hereof, shall be deemed to be incorporated in this code so that a reference to the “Code of Ordinances of the Village of Carol Stream” shall be understood as including them.
Each section number shall consist of three component parts separated by a dash. The first figure shall refer to the chapter number, the second figure to the article number and the third figure shall refer to the position of the section within the article.
(A) All printed copies of this code belonging to the village shall be deposited with the Village Clerk. The Village Clerk shall deliver one copy thereof to the Village President, each member of the Board of Trustees, the Village Manager, the Village Attorney, the Village Prosecutor, and copies to such other persons as the Village Board may direct.
(B) The Village Clerk shall sell printed copies of the code or sections thereof at such price as the Board of Trustees shall fix.
(C) The Village President shall have the power to extend or reciprocate courtesies of other municipalities by presenting a copy of this code, bound at the expense of the village, as shall seem suitable, and the Village President shall also have the power to present two copies of this code to the Illinois Municipal League.
(A) Whenever in this code the plural number is used in describing or referring to any matters, parties or persons, it shall also apply to the singular number unless the context shall indicate otherwise. When any subject matter, party or person is referred to in this code by words importing the singular number only, or the masculine gender, several matters, parties or persons, and female as well as male, and bodies corporate shall be deemed to be included. The words PERSON, FIRM or CORPORATION shall be deemed to include any association or organization of any kind. Words in the present tense shall be deemed to include the future tense. The words THIS ORDINANCE whenever used in this code shall be held to mean the entire code, in each and every section thereof. The word VILLAGE whenever used in this code shall be held to mean the Village of Carol Stream, Illinois. The words WRITTEN and IN WRITING may include printing. The word SHALL as used in this code is mandatory. Provided that, these rules of construction shall not be applied to any section of this code which contains any express provisions excluding such construction or where the subject matter or content of such section may be repugnant thereto or where the context clearly requires a different interpretation.
(B) Whenever reference is made in this code to a village officer or employee by title only, this shall be construed as though followed by the words “of the Village of Carol Stream” and shall be taken to mean the officer or employee of this village having the title mentioned or performing the duties indicated. No provision of this code designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty provided in this code for a failure to perform such duty, unless the intention of the Village Board to impose such a fine or penalty on such officer or on an employee is specifically and clearly expressed in the section creating the duty.
Reference to any section of this code shall be understood to refer to and include the penalty section relating thereto, unless otherwise expressly provided.
In case of the amendment of any section of this code containing provisions for which a penalty is provided in another section, the penalty so provided in such other section shall be held to relate to the section so amended, whether re-enacted in the amendatory ordinance or not, unless such penalty is specifically repealed therein.
(A) Whenever in this code a minimum but not maximum fine or penalty is imposed, the court may, in its discretion, fine the offender any sum exceeding the minimum fine or penalty, but not exceeding $750.
(B) Whenever in this code the doing of any action or the omission to do any act constitutes a breach of any section or provision of this code, and there shall be no fine or penalty declared for such breach, any person who shall be convicted of any such breach shall be fined not more than $750 for each offense. Many sections of this code will not state a specific penalty and it is the intent of the structure of this code that the penalty set forth herein shall apply. The Prosecuting Officer may suggest a specific penalty in an amount less than $750.
(C) Whenever the violation of a provision of any ordinance of the village would entitle the village to recover a fine, it shall not be necessary that such ordinance specifically say that a penalty is recoverable or specify the amount of such penalty; in all of such cases, the penalty provision of this section shall be applicable and included automatically in such ordinance.
(D) In addition to, or in lieu of, any fine or penalty which may be imposed for violation of an ordinance of the village, a disposition of supervision may be entered by the court upon a plea of guilty or a stipulation by the defendant of the facts supporting the charge, or a finding of guilty. Pursuant to such disposition of supervision, the court may defer further proceedings and the imposition of a sentence, and enter an order for supervision of the defendant.
(E) SUPERVISION means a disposition of conditional and revocable release without probationary supervision, but under such conditions and reporting requirements as are imposed by the court, at the successful conclusion of which disposition the defendant is discharged and a judgment dismissing the charges is entered.
(F) Each day any violation of any provision of this code, or of any ordinance, shall continue, shall constitute a separate offense.
Index of minimum fines, see § 15-4-5
In all cases where the same offense is made punishable or is created by different clauses or sections of this code, the Prosecuting Officer may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense; provided that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced.
All general ordinances of the village passed prior to the adoption of this code of ordinances and in conflict with the provisions herein, or which are in conflict with subsequent amendments to this code shall be repealed by the passage of the conflicting enactment.
(A) No new ordinance shall be construed or held to repeal a former ordinance, whether such former ordinance is expressly repealed or not, as to any offense committed against such former ordinance or as to any act done, any penalty, forfeiture or punishment so incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or so done, or any penalty, forfeiture or punishment so incurred or any right accrued or claim arising before the new ordinance takes effect, save only that the proceedings thereafter shall conform to the ordinance in force at the time of such proceedings, so far as practicable. If any penalty, forfeiture or punishment be mitigated by any provision of a new ordinance, such provision may be, by the consent of the party affected, applied to any judgment announced after the new ordinance takes effect.
(B) This section shall extend to all repeals, either by express words or implication, whether the repeal is in the ordinance making any new provisions upon the same subject or in any other ordinance.
(C) Nothing contained in this section shall be construed as abating any action now pending, under or by virtue of any general ordinance of the village herein repealed; or as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the village under any ordinance or provision thereof in force at the time of the adoption of this code of ordinances.
When any ordinance repealing a former ordinance, clause or provision shall be itself repealed, such repeal shall not be construed to revive such former ordinance, clause or provision.
If any part, section, sentence or clause of this code shall be adjudged void and of no effect, such decision shall not affect the validity of the remaining portion of this code.
When the provisions of any section of this code prohibits the commission of an act, not only the person actually doing the prohibiting act or omitting the directed act, but also the employer and all other persons concerned with or in aiding or abetting the person shall be guilty of the offense described and liable to the penalty set forth.
All general provisions, terms, phrases and expressions contained in this code shall be liberally construed in order that the true intent and meaning of the Board of Trustees may be fully carried out.
The Village Board may grant waivers and/or variances from provisions within this code of ordinances by motion; except where state statute or this code require a different or more formal procedure, in which case any waivers and/or variances granted shall be temporary in nature, and each such motion shall be limited to the granting of waivers and/or variances for a period not in excess of 120 days.
(Ord. 2003-11-75, passed 11-17-2003)
1-2-2 Custody of seal
1-2-3 Private use of seal
1-2-4 Fiscal year
1-2-5 Official time
1-2-6 Charges for copies of village records
1-2-7 Budget Act adopted
1-2-8 Bad check service charge
The seal heretofore provided and used by and for the village, circular in form, the impression on which are the words “Village of Carol Stream, Illinois, Corporate Seal” shall be and is hereby established and declared to be the corporate seal of the village.
The seal shall remain in the custody of the Village Clerk to be used by the Clerk as required by law and the provisions of this code.
No person shall fraudulently forge, deface, corrupt or counterfeit the seal of the village, nor shall any person, other than the duly authorized public official, make use of the seal. Any person violating the provision of this section, upon conviction thereof, shall be fined not less than $100, nor more than $750, for each offense.
The fiscal year of the village shall commence May 1 of each and every year, and close on the April 30 of the year following.
Central standard or central daylight savings time shall be the official time within the village.
Except as otherwise provided by law, the charge for all copies of village ordinances, resolutions or other records shall be such amount as is established from time to time by motion of the Board of Trustees, the Village Manager or, in the absence of such a direction, such amount as shall be, in the discretion of the Village Clerk, sufficient to compensate the village for its costs in reproducing such material. No additional fee shall be charged for certification of such records.
Pursuant to Ord. 391, the village has adopted 65 ILCS 5/8-2-9.1 through 8-2-9.11, and shall operate under the budget method provided for therein.
Any person who pays any bill, fine, charge, fee or penalty due the village with any check which is subsequently returned unpaid to the village because of insufficient funds, account closed, no account or because of a stop order on such check, shall be liable to the village for a bad check service charge of $25 for each and every check so returned. Such service charge shall be in addition to any bill, fine, charge, fee or penalty owed the village.
1-3-1 Election and term of office
1-3-3 Oath of office
1-3-6 Powers and duties
1-3-7 Presiding officer and vote
1-3-8 Veto powers
1-3-9 Reconsideration, passing over veto
1-3-10 President Pro Tem and Temporary Chairperson
Liquor Control Commissioner, see § 11-1-1
(A) The President shall be elected by the electors of the village for a term of four years and until a successor is elected and has qualified.
(B) The Village President, if qualified, shall be inaugurated and take office on the first regular meeting or special meeting of the Board of Trustees held in the month of May following the general village election.
(A) No person shall be eligible to hold the office of Village President unless that person is a qualified elector of the village and has resided therein at least one year next preceding the person’s election or appointment.
(B) No person shall be eligible to hold the office of Village President who is a defaulter to the village, in arrears in the payment of any tax or other indebtedness due to the village.
(C) The President shall not be interested in any way in the manufacture, sale or distribution of alcoholic liquor within the village as prescribed by statute.
Before entering upon the duties of the office of President, whether elected or appointed, the President shall take and subscribe the oath of office as prescribed by statute. This oath, so subscribed, shall be filed in the office of the Village Clerk.
The President, before entering upon the duties of President, shall execute a bond in the amount of $3,000, conditioned upon the faithful performance of the President’s duties, to be approved by the corporate authorities and filed with the Village Clerk. The premium of such bond shall be paid by the village. The bond of the Village President may be part of a blanket bond.
The President shall receive as compensation the sum of $7,800 per year. The compensation of the President shall neither be increased nor decreased during the term for which the President is elected, nor for the remainder of the term for which the President is appointed.
(Ord. 95-01-03, passed 1-16-1995)
(A) The President shall be the official head of the village for all legal purposes. The President shall, at all times, have the power and authority to examine and inspect all books and records relating to village business kept by any village agent, employee or officer. The President shall sign all proclamations, commissions, resolutions and ordinances issued or adopted by the Board of Trustees, except as otherwise provided by law or ordinance.
(B) The President shall appoint, with the advice and consent of the Board of Trustees, all members of boards, commissions, committees or other agencies as may be authorized by ordinance or resolution of the Board of Trustees, or as may be authorized by statute.
(C) Whenever there is a question as to the respective powers or duties of any officer of the village who is appointed by the Village President, this question shall be settled by the Village President. The President shall have the power to delegate to any such officer any duty which is to be performed when no specific officer has been directed to perform the duty.
(D) The President shall devote to the duties of the President’s office whatever time the faithful discharge thereof may require.
(E) In addition to the foregoing, the President shall perform all such other duties and acts and have all additional powers that are or may be prescribed by the laws of the State of Illinois, or the ordinances of the village.
(A) The President shall preside at all meetings of the Board of Trustees. The President shall not vote on any ordinance, resolution or motion, except:
(1) Where the vote of the Trustees has resulted in a tie;
(2) Where one-half of the Trustees elected have voted in favor of an ordinance, resolution or motion, even though there is no tie vote; or
(3) Where a vote greater than a majority of the corporate authorities is required by statute of the state to adopt an ordinance, resolution or motion.
(B) In each instance specified, the President shall vote.
(C) Nothing in this section shall deprive an Acting President or President Pro Tem from voting in his or her capacity as a Trustee, but such person shall not be entitled to another vote in his or her capacity as Acting President or President Pro Tem.
All resolutions and motions which create any liability against the village, or which provide for the expenditure or appropriation of its money, or to sell any village property, and all ordinances passed by the Board of Trustees shall be deposited with the Village Clerk. If the President approves of them, the President shall sign them. If the President disapproves of any, the President shall return them to the Board of Trustees, with written objections, at the next regular meeting of the Board of Trustees occurring not less than five days after their passage. The President may disapprove of any one or more sums appropriated in any ordinance, resolution or motion making an appropriation, or the President may disapprove entirely of an ordinance, resolution or motion making an appropriation. If the President fails to return any ordinance or any specified resolution or motions with written objections within the designated time, it shall become effective despite the absence of the President’s signature.
Every resolution and motion specified in the preceding section, and every ordinance which is returned to the Board of Trustees by the President shall be reconsidered by the Board of Trustees at the next regular meeting. If, after such reconsideration, two-thirds of all the Trustees elected to the Board of Trustees shall vote to pass an ordinance, resolution or motion, notwithstanding the President’s refusal to approve it, then it shall be effective. The vote on a question of passage over the President’s veto shall be by ayes and nays, and shall be recorded in the journal.
(A) A temporary absence or disability of the President incapacitating the President from the performance of the duties of this office does not create a vacancy in the office. In that case, the Board of Trustees shall elect one of its members to act as President Pro Tem. The President Pro Tem, during the President’s absence or disability, shall perform the duties and possess all the rights and powers of the President. No additional salary or compensation shall be paid the President Pro Tem for acting as President Pro Tem.
(B) Where the President or President Pro Tem is only temporarily absent from a meeting, but within the general area of the village and ready and able to assume the duties of this office upon imminent return, a Temporary Chairperson shall be elected from among the Trustees. The Temporary Chairperson shall have only the powers of a presiding officer and the right to vote as a Trustee.
(A) A vacancy occurs in the office of President by reason of resignation, failure of one to be elected or to qualify, death, permanent physical or mental disability, conviction of a disqualifying crime, abandonment of office or removal from office, or by removal of his or her residence from the village.
(B) If a vacancy occurs in the office of the President during the President’s term, the vacancy shall be filled for the remainder of the term at the next election of Trustees, unless the vacancy is filled by a special election as provided by statute.
(C) During the period from the time that the vacancy occurs until a President is elected and has qualified, the vacancy may be filled by the election of an Acting President by the Board of Trustees.
(D) The Acting President shall be paid the President’s salary for the period of time served as Acting President.
1-4-1 Election, term of office and functions
1-4-3 Oath of office
Order of business, see § 1-5-3
Procedure and rules, see § 1-5-4
(A) The Board of Trustees, consisting of six members, shall be elected to office for a four year term and until their successors are elected and have qualified as is provided by statute.
(B) Village Trustees, if qualified, shall be inaugurated and take office at the first regular meeting or special meeting of the Board of Trustees held in the month of May following the general village election.
(C) The Board, together with the President, shall be the legislative department of the village government, and shall perform such duties and have such powers as may be authorized by statute. Wherever herein the term BOARD or the term BOARD OF TRUSTEES is used, it shall be construed to mean this legislative department.
(A) No person shall be eligible to hold the office of Village Trustee unless that person is a qualified elector of the village and has resided therein at least one year next preceding election or appointment.
(B) No person shall be eligible to hold the office of Village Trustee who is a defaulter to the village, in arrears in the payment of any tax or other indebtedness due the village, has been convicted in a state court of malfeasance in office, bribery or other corrupt crimes.
(C) No Village Trustee shall be eligible to any office, the salary of which is payable out of the village treasury, except that of Acting President or President Pro Tem, if, at the time of appointment, such person is a member of the Board of Trustees.
(D) No Village Trustee shall be interested in any way in the manufacture, sale or distribution of alcoholic liquor within the village, as prescribed by statute.
Before entering upon the duties of Village Trustee, all persons, whether elected or appointed, shall take and subscribe the oath of office as prescribed by statute. This oath, so subscribed, shall be filed in the office of the Village Clerk.
(A) The compensation for each Trustee, whether elected or appointed, shall be increased in the following manner.
(1) Effective 5-1-1995 through 5-1-1996, the salary for Village Trustee will be $650 per year.
(2) Effective 5-1-1996 through 5-1-1997, the salary for Village Trustee will be $1,300 per year.
(3) Effective 5-1-1997 through 5-1-1998, the salary for Village Trustee will be $1,950 per year.
(4) Effective 5-1-1998, the salary for Village Trustee will be $2,600 per year.
(B) The compensation of a Trustee shall neither be increased nor decreased during the term for which the Trustee is elected, nor for the remainder of the term for which the Trustee is appointed.
(Ord. 95-01-03, passed 1-16-1995)
Whenever a vacancy in the office of a Trustee occurs during his or her term, the vacancy shall be filled for the remainder of the term at the next general village election as provided in 65 ILCS 5/3.1-10-50.
Elections and primary elections to be conducted pursuant to state law, see Illinois Election Code, 10 ILCS 5/1-1 et seq.
1-5-1 Regular Board meetings
1-5-2 Special meetings
1-5-3 Order of business
1-5-4 Procedures and rules
(A) The regular meetings of the Board of Trustees shall be held on each of the first and third Monday of each month of the year at the hour of 7:30 p.m. in the boardroom of the Village Hall.
(B) No meeting of the Village Board or any other meeting required to be open to the public shall be held on a legal holiday unless the regular meeting day falls on that holiday.
(C) If there is no quorum present, the meeting shall be held on the next business day at the same hour and place, unless the members present shall adjourn to another time.
(D) Unless otherwise specified in the call of the meeting, all meetings of the Board of Trustees shall be held in the Village Hall, including special and adjourned meetings, and all meetings, except closed sessions, shall be open to the public as is required by statute.
(Ord. 2013-08-35, passed 8-5-2013)
(A) Special meetings may be called by the President or by any three Trustees by written request or notice. At least 24-hours’ written notice shall specify the time and purpose of such meeting and shall be delivered to each member of the Board of Trustees and the Village Clerk, personally if he or she can be found, and if he or she cannot be found, then by leaving a copy of such notice at the home of such Board member and Clerk in the presence of an adult member of the family of the member of the Board and the Clerk; provided, however, that, emergency meetings may be called in the manner provided by statute.
(B) If the notice is given by the Village Clerk, the Village Clerk shall cause an affidavit showing service of such notice to be filed in his or her office prior to the time fixed for such special meeting, together with a statement of compliance with the notices to members of the media as provided by statute. The failure to cause such an affidavit and statement of compliance to be prepared shall not invalidate any action taken at such special meeting which is otherwise accomplished in accordance with law.
(C) No business may be transacted at the special meeting, except that for which it is called.
The order of business shall be determined from time to time by the actions of the Board of Trustees.
The procedures and rules of the Board of Trustees shall be as follows.
Rule 1. Presiding officer.
The Village President shall take the chair at the hour appointed, or to which the Board shall have adjourned, and shall immediately call the members to order; whereupon, the Clerk shall proceed to call the roll of members. If a quorum is present, the Clerk shall so announce and the Board shall proceed with the order of business.
Rule 2. Quorum.
(A) A quorum shall consist of a majority of the entire Board of Trustees, including the Village President. A quorum shall be necessary to transact the business of the Village Board.
(B) If no quorum is present, the Board shall not thereby stand adjourned, but the members present shall adjourn or recess the Board by a majority vote.
Rule 3. Absence of President.
At any meeting of the Board where a majority shall be assembled, and if the President is temporarily absent, but within or near the community, the Clerk shall preside and call the roll, whereupon the Board shall elect a Temporary Chairperson from its membership. In the event that the absence of the President shall be of a more permanent nature, as provided by statute, a President Pro Tem shall be elected.
Rule 4. The President.
(A) The President shall preserve order and decorum and may speak to points of order in preference to other members and shall decide all questions of order subject to appeal.
(B) If the President refuses to allow the Trustees to exercise their right to appeal a decision of the Chair, the Trustees may consider and pass upon the matter in spite of the Chair’s failure to grant them appeal.
(C) The President shall have the power to require the boardroom to be cleared, or to have any disorderly person or persons ejected, in case of any disturbances or disorderly conduct which prevent the meeting from being continued in an orderly manner.
Rule 5. Duties of members.
(A) While the President is stating the motion, or deciding a point of order, the members shall be seated and no member shall leave the boardroom during the session without permission from the presiding officer.
(B) Every member, previous to his or her speaking, making a motion or seconding the same, shall address the presiding officer and shall not proceed with his or her remarks until recognized and named by the Chair.
(C) A member so recognized by the Chair, shall confine himself or herself to the question under debate.
(D) No member shall speak more than once on the same question, except by permission of the Chair, and then not until every other member desiring to speak shall have had an opportunity to do so.
(E) No member shall speak longer than five minutes at any one time, except by consent of the Chair.
(F) While a member is speaking, no member shall hold any private discussion, nor pass between the speaker and the Chair.
(G) A member, when called to order by the Chair, shall thereupon discontinue speaking. The order or ruling of the Chair shall be binding and conclusive, subject only to the right to appeal.
(H) Any member may appeal to the Board from a ruling of the Chair and, if the appeal is seconded, the member making the appeal may briefly state his or her reason for the same, and the Chair may briefly explain his or her ruling; but there shall be no debate on the appeal and no other member shall participate in the discussion. The Chair shall then put the question, “Shall the decision of the Chair be overruled?” Otherwise, it shall be sustained.
(I) The right of a member to address the Board on a question of personal privilege shall be limited to cases in which his or her integrity, character or motives are assailed, questioned or impugned.
Rule 6. Seconding of motions required.
No motion shall be put or debated in the Board or in committee unless it be seconded. When a motion is seconded, it shall be stated by the presiding officer before debate.
Rule 7. Reading of resolutions, ordinances and correspondence.
Resolutions, ordinances and correspondence need not be read.
Rule 8. Withdrawal of motions.
After a resolution or a motion is stated by the President, it shall be deemed to be in the possession of the Board, but it may be withdrawn by the maker thereof with or without the consent of the Trustee seconding the motion prior to the call for the vote by the President.
Rule 9. Division of questions.
If any question under consideration contains several distinct propositions, the Board, by a majority vote of the members present, may divide such questions.
Rule 10. Record of motions.
In all cases where a resolution or motion is entered in the journal, the name of the member moving and seconding the same shall be entered.
Rule 11. Vote.
(A) The ayes and nays shall be taken upon the passage of all ordinances and on all propositions to create any liability against the village, or for the expenditure or appropriation of its money, and upon any question and in all other cases at the request of any member of the Board. When the Clerk has commenced to call the roll of the Board for the taking of a vote by “Ayes” and “Nays”, all debate on the question before the Board shall be deemed concluded, and during the taking of the vote a member shall be permitted to briefly explain his or her vote and shall respond to the calling of his or her name by the Clerk by answering “Aye” or “Nay”, as the case may be.
(B) The names of each member of the Board of Trustees shall be listed on the official copy of every ordinance passed indicating specifically the names of those voting “Aye” and those voting “Nay”.
(C) Every Trustee present shall vote unless he or she has an interest in the matter, in which event he or she shall disqualify himself. If a Trustee who has not disqualified himself or herself does not vote, his or her failure to vote shall, to the extent permitted by law, be construed as concurring with the majority.
(D) The President shall announce the result of the Board’s vote and such votes shall be entered in the journal of the proceedings, as is provided by statute.
(E) The President shall vote and possess such veto powers as are prescribed in the state statutes.
Rule 12. Precedence of motion.
When a question is before the Board, no motion shall be received, except as herein specified, and which shall have precedence in the order herein stated:
(A) To fix the time to which to adjourn;
(B) To adjourn;
(C) To take a recess;
(D) To raise a question of privilege;
(E) To call for the orders of the day;
(F) To lay on the table;
(G) To call for the previous question;
(H) To postpone to a certain time;
(I) To refer to committee;
(J) To amend;
(K) To postpone indefinitely; and
(L) To the main motion.
Rule 13. Undebatable motions and exceptions to order.
The motion to adjourn or to lay on the table shall be decided without debate, and the motion to fix the time to which to adjourn and the motion to adjourn shall always be in order, except:
(A) When a member is in possession of the floor;
(B) When the roll call votes are being called;
(C) While the members are voting;
(D) When adjournment was the last preceding motion; and
(E) When it has been decided that the “previous question” shall be taken.
Rule 14. Motion to adjourn.
A motion to adjourn cannot be amended; but a motion to adjourn to a given day or time shall be open to amendment and debate.
Rule 15. Motion to postpone indefinitely.
When a question is postponed indefinitely, it shall not be taken up again before the next regular meeting.
Rule 16. Motion to amend.
A motion to amend an amendment shall be in order, but a motion to amend an amendment to an amendment shall not be entertained.
Rule 17. Amendments.
Only one amendment at a time may be offered to any question before the Board. The vote shall first be taken on the amendment and, if the amendment passes, then further amendments may be proposed. Finally, a vote shall be taken on the principal motion as finally amended.
Rule 18. Reconsideration.
(A) A vote or question may be reconsidered at any time during the same meeting, or at the first regular meeting held thereafter. A motion for reconsideration, once having been made and decided in the negative, shall not be renewed. A matter once having been decided and a motion to reconsider such matter having been defeated, it may nonetheless come before the Board at a future time by way of a motion to rescind or as a new motion. If the Chair determines that new facts are to be presented to the Board, or that there is a likelihood that the Board will reverse its previous decision, the Chair shall rule the motion in order. If a motion is continuously brought before the Board and rejected, the Chair may rule its reintroduction under a motion to rescind or as a new motion to be out of order.
(B) No motion to reconsider the approval or denial of the recommendation of an advisory body required to hold public hearings shall be entertained except at the same meeting at which the original action was taken or after the matter has been referred to the advisory body for a further hearing and recommendation.
(C) A motion to reconsider must be made and seconded by members who voted on the prevailing side of the question to be reconsidered, unless otherwise provided by law; provided, however, that, where a motion has received a majority vote in the affirmative, but is declared lost solely on the ground that a greater number of affirmative votes is required by statute for the passage or adoption of such motion, then in such case a motion to reconsider may be made and seconded only by those who voted in the affirmative on such question to be reconsidered, so long as the issue presented is the same, no new information is forthcoming and the rights of third parties have not intervened.
Rule 19. Visitors petitioners and public comment.
(A) Village Board meetings constitute legislative sessions of the Mayor and Board of Trustees of the village providing the opportunity for the Mayor and Board of Trustees to formally conduct village business and, as such, are limited public forums held for the specific purpose of conducting business of the village.
(B) Except during the time allotted for public discussion and comments (referred to as the Listening Post), no person, other than a member of the Board, shall address that body, except with the consent of a majority of the members present. During the time allotted for public discussion and comments, members of the general public may only address the Board with respect to items listed on the agenda for consideration or with concerns or comments regarding issues that are relevant to village business.
(C) Members of the public shall be called to address the Board in the following order:
(1) Presentations scheduled with the Village Manager and set forth on the agenda;
(2) Written presentations received prior to the Board meeting;
(3) Presentations by members of the public who have signed the request to speak form prior to the commencement of the meeting.
(D) A person addressing the Board shall be allotted three minutes to resent his or her comments.
(E) All members of the public addressing the Board shall, at all times, maintain proper decorum. No person shall speak unless recognized by the Mayor or Mayor Pro Tem. All discussion and debate shall be courteous, respectful, and to the point. Impugning motives; contentions, slanderous or boisterous statements; obscene or insulting language; threats; or personal remarks or attacks directed at the members of the Board, staff, speakers or other members of the public shall be out of order.
(F) All public comment shall be addressed to the Mayor and Board of Trustees as a whole and no comments shall be addressed to individual members of the Board, village staff or other members of the public.
(G) No final action may be taken on any public comment or concern which requires an ordinance, resolution, or written contract, or which has the effect of approving any expenditure of funds unless such item is on the agenda for that meetings. The Board may, however, direct that any matter raised on these orders be set for a future agenda, including the preparation of ordinances, resolutions, or other documents for consideration at such time.
(H) Any person who shall disrupt by disorderly conduct a meeting of the Mayor and Board of Trustees, its committees or any meeting of a board, commission or advisory body of the village shall, upon conviction thereof, be fined not less than $50 nor more than $750.
Rule 20. Reports, communications, petitions, and the like.
All communications, reports, petitions or any other papers addressed to the Board shall be made available to the Village Clerk prior to the meeting. The Village Clerk shall endeavor to distribute copies or read such material to the members of the Board.
Rule 21. The journal.
The Village Clerk shall keep the journal of the proceedings of the Board. Within no more than ten days after each meeting of the Board, the Clerk shall supply to each member a typewritten copy of the minutes.
Rule 22. Record of ordinances and documents.
The Clerk shall keep a record of all ordinances passed in an ordinance book for such purpose. All reports made by committees and all resolutions adopted by the Board shall be filed and preserved by the Clerk.
Rule 23. Publication.
All ordinances imposing any penalty for a violation thereof or making any appropriation shall be published as required by statute, either in a newspaper or in pamphlet form, in which case, the ordinance in its pamphlet form shall be displayed for a reasonable period in a public place in the Village Hall.
Rule 24. Time for taking effect.
No ordinance which must be published to comply with the foregoing section shall go into effect until ten days after it is so published unless a statement of the urgency of the ordinance is contained in it, and it achieves passage by a two-thirds vote of the Board of Trustees then holding office. In all other cases, the ordinances shall go into effect upon the passage thereof, as provided by statute, even though the operation of the ordinance may not take effect until a later date.
Rule 25. Adoption of Robert’s Rules of Order, Revised.
The rules of parliamentary practice comprised in the latest published edition of Robert’s Rules of Order, Revised shall govern the Board in all cases to which they are applicable and in which they are not inconsistent with the ordinances of the village including these rules, or the statutes of the state.
Rule 26. Temporary suspension of rules; amendment of rules.
The rules of the Board may be temporarily suspended, altered or amended, by concurrence of a majority vote of all the Trustees then in office.
Rule 27. Expulsion of members.
Any member acting or appearing in a lewd or disgraceful manner, or who uses opprobrious, obscene or insulting language to or about any member of the Board, or who does not obey the order of the Chair, shall be, on motion, censured by a majority vote of the Board and, with the concurrence of two-thirds of the Board of Trustees elected, the Board may expel a Trustee, but not a second time for the same offense.
(Ord. 2013-08-35, passed 8-5-2013)
1-6-1 Election and term of office
1-6-3 Oath of office
1-6-7 Custody of seal
1-6-9 Meetings and minutes
1-6-10 Notice of meetings
1-6-11 Money collected
1-6-14 Publication of Treasurer’s report
1-6-17 Publication of ordinances
1-6-18 Records and notices of election
1-6-19 Conduct of elections
1-6-20 Additional duties
1-6-22 Assistance with duties
The Village Clerk shall be elected to office and serve for a four-year term and until a successor is elected and qualified, as provided by statute.
(A) No person shall be eligible to hold the office of Village Clerk unless that person is a qualified elector of the village and has resided therein at least one year next preceding the person’s election or appointment.
(B) No person shall be eligible to hold the office of Village Clerk who is a defaulter to the village, in arrears in the payment of any tax or other indebtedness due to the village, has been convicted in a state court of malfeasance in office, bribery or other corrupt crimes.
(C) The Village Clerk shall hold no other village office during such person’s term as Village Clerk.
Before entering upon the duties of this office, the Village Clerk shall take and subscribe the oath of office as prescribed by statute.
The Village Clerk, before entering upon the duties of this office, shall execute a bond in the amount of $1,000, conditioned upon the faithful performance of the Village Clerk’s duties, to be approved by the corporate authorities. The bond of the Clerk shall be filed with the Village Treasurer. The premium of such bond shall be paid by the village. The bond of the Village Clerk may be part of a blanket bond.
(A) The compensation for each Village Clerk shall be increased in the following manner.
(1) Effective 5-1-1995 through 5-1-1996, the salary for Village Clerk will be $650 per year.
(2) Effective 5-1-1996 through 5-1-1997, the salary for Village Clerk will be $1,300 per year.
(3) Effective 5-1-1997 through 5-1-1998, the salary for Village Clerk will be $1,950 per year.
(4) Effective 5-1-1998, the salary for Village Clerk will be $2,600 per year.
(B) The compensation of the Village Clerk shall neither be increased nor decreased during the term for which the Village Clerk is elected, nor for the remainder of the term for which the Village Clerk is appointed.
(Ord. 95-01-03, passed 1-16-1995)
(A) The Village Clerk shall keep all records and reports as required by statute or ordinance from time to time. It shall be the duty of the Village Clerk to review all ordinances after codification to determine that the code of ordinances is a true representation of the ordinance and that it is not in conflict with other sections of the code of ordinances.
(B) The Clerk shall see that all officers required to file a bond with the village and subscribe to an oath of office shall do so upon appointment to their respective offices. The bonds of the Village President, Village Treasurer, all appointed officers and members of the Board of Fire and Police Commissioners, and all oaths of office, shall be filed with the Village Clerk.
(C) The Village Clerk shall devote such time to this office as the duties of the office shall require and as may be required by statute or ordinance.
The Clerk shall be the custodian of the village seal and shall affix its impression on documents whenever required.
The Clerk shall seal and attest all licenses, permits and such other documents as shall require this formality.
The Clerk shall attend all meetings of the Village Board and keep a full record of its proceedings in the journal which shall be preserved by the Clerk. The minutes shall be distributed to members of the Board of Trustees within no more than ten days after each meeting.
The Clerk, when called upon to do so, shall issue and cause to be served upon all members of the Board of Trustees notices of all special meetings of the Board.
The Clerk shall turn over all money received on behalf of the village to the Village Treasurer promptly upon receipt of same; and with such money he or she shall give a statement as to the source thereof.
The Clerk shall have such responsibility for accounts as established by statute.
(A) In addition to the record of ordinances and other records the Clerk is required by statute to keep, the Clerk shall keep such other records as may be required from time to time by the Board of Trustees.
(B) Upon recording with the County Recorder of Deeds, the original of all annexation plats, plats of subdivision, easements, vacated properties, titles, deeds and such other records, and all official contracts and documents shall be maintained and kept by the Village Clerk in a safe and secure place in the Village Hall.
Upon receipt of the Treasurer’s accounts of all moneys received and expenditures incurred during the preceding fiscal year, filed with the Clerk by the Village Treasurer, the Clerk shall cause the Treasurer’s annual report to be published at least once, in one or more newspapers published within the village or, if no newspaper is published therein, then in one or more newspapers having a general circulation within the village, as required by statute.
Treasurer’s report, see § 2-2-13
(A) The official Clerk’s records include the following:
(1) The Minute Book;
(2) The Ordinance Book;
(3) The Resolution Book;
(4) Election materials;
(5) Documents presented to the Clerk for further presentation to the President and Board or to another officer or employee of the village; and
(6) Such other documents as may be required from time to time by the Board of Trustees.
(B) All other documents of the village shall be filed in the appropriate administrative office by function. This includes copies as necessary of official documents.
The Clerk shall keep and maintain a proper index to all documents and records kept by him or her, so that ready access thereto and use thereof may be had.
The Clerk shall publish in pamphlet form all ordinances as provided by statute.
The Clerk shall keep a record of the election or appointment of all officers of the village and the record shall exhibit the name of the officer, to what office elected or appointed, the date or declaration of election, the date of his or her commission and the date of death, resignation, removal from office or expiration of term of office. The Clerk shall, within five days after the result of any election is declared or appointment is made, notify all persons elected or appointed.
The Clerk shall carry out all duties relating to village elections as may be authorized by the Village Board or as shall be provided by statute.
In addition to the duties herein provided, the Clerk shall perform such other duties and functions as may be required by statute or ordinance.
In case the office of Village Clerk shall become vacant for any reason, the Village President and the Board of Trustees shall appoint an Acting Clerk to serve until a Clerk is elected for the remainder of the term at the next election of Trustees, and has qualified, as provided by statute.
The Village Manager shall assign village staff, at the request of the Village Clerk and as the Village Manager deems necessary, to assist in the performance of the duties of Village Clerk. The Village Clerk may authorize such village staff to affix the seal of the Clerk and to execute documents on behalf of the Village Clerk, which documents shall have the same effect as if the documents had been signed by the Village Clerk.
(Ord. 2011-04-10, passed 4-18-2011)
1-7-1 Use of Village Hall and other public buildings by other local taxing bodies and quasi-governmental entities
1-7-2 Use of Village Hall and other public buildings for public forums events or activities
1-7-3 Use of village parks and open spaces
Groups, organizations or entities permitted to seek permission to hold events within the Village Hall and other public buildings shall include overlapping taxing bodies, such as the library or park district and their committees and commissions, and agencies engaged in work for the village pursuant to a contract or intergovernmental agreement. These groups may use available meeting room space within the Village Hall on an “as available” basis, with priority being given to village governmental boards, committees and commissions.
(Ord. 2001-04-17, passed 4-2-2001)
(A) The Mayor and Board of Trustees may, on occasion, choose to sponsor, co-sponsor or make portions of the Village Hall available for public forums, events or activities which will normally be concluded within one day, but under no circumstances will extend beyond two consecutive days. Only public forums, events or activities which conform with all of the following requirements may be considered for use of the Village Hall. The forum, event or activity must:
(1) Be open to all citizens of the village;
(2) Be sponsored or put on by a local not-for-profit group or organization based within the village;
(3) Not be a religious assembly for purposes of prayer or worship; except that, wedding ceremonies shall be permitted; and
(4) Not be a partisan political rally, assembly or meeting.
(B) The permitted meeting uses of Village Hall shall have a priority over public forums, events and activities in terms of scheduling the use of Village Hall space. Applications for the use of the Village Hall to conduct a public forum, event or activity shall be delivered to the Village Manager with all required information no later than 30 days prior to the scheduled event. The Village Manager may schedule such uses of the Village Hall, which will, at the Manager’s discretion, be least disruptive to the normal operations of the Village Hall and the most convenient to the members of the public in terms of attending the public event. Groups sponsoring or putting on such public events within the village shall comply with all applicable village ordinances, regulations and requirements.
(Ord. 2001-04-17, passed 4-2-2001)
(A) Apart from recreational uses by individual residents and their guests, village parks and open spaces shall be restricted to public forums, events or activities which will normally be concluded within one day, but under no circumstances will extend beyond two consecutive days except as may be approved for other local taxing bodies or quasi-governmental entities. Only public forums, events or activities which conform with all of the following requirements may be considered for use of village parks and open spaces. The forum, event or activity must:
(1) Be sponsored or put on by a local not-for-profit group or organization based within the village or local taxing body or quasi-governmental entity;
(2) Not be a religious assembly for purposes of prayer or worship; except that, wedding ceremonies shall be permitted; and
(3) Not be a partisan political rally, assembly or meeting.
(B) Applications for the use of village parks and open spaces to conduct a public forum, event or activity shall be delivered to the Village Manager with all required information no later than 30 days prior to the scheduled event. Subject to availability of space, public forums, events or activities shall only be held during daylight hours. Groups sponsoring or putting on such public events within the village shall comply with all applicable village ordinances, regulations and requirements.
(C) The village reserves the right to deny any use of village property, parks and open spaces which the Village Board, in its discretion, determines to be inconsistent with the policy set forth herein. Failure to abide by the village’s policy and rules of conduct for the use of village property, parks and open spaces may result in cancellation or refusal of future reservations.
(Ord. 2001-04-17, passed 4-2-2001)
1-8-1 Statement of policy and intent
1-8-2 Application of laws and policies
1-8-4 Financial interest in village contracts or property—Village officers
1-8-5 Financial interest in village contracts or property—Employees
1-8-6 Disclosure of economic interests
1-8-7 Prohibited political activities
1-8-8 Gift ban
1-8-9 Confidential information
1-8-10 Misuse of office or village property
1-8-12 Procedure for complaints against village employees
1-8-13 Procedure for complaints against village officials
1-8-16 Copies to village officials and personnel
1-8-17 Provisions are additional
(A) All village officials and employees, paid or unpaid, hold their positions for the benefit of the village. It is the policy of the village to uphold, promote and demand the highest standards of conduct and ethics from all officials and employees, and to avoid any actions that might, to a reasonable person, suggest the appearance of impropriety.
(B) All village officials and employees share a commitment to ethical conduct in service to the community. The purpose of this ethics code is to ensure that all persons regulated by this code of ethics have clear guidance for carrying out their roles and responsibilities.
(C) In recognition of these expectations, there is hereby established a code of ethics for all village officials and employees.
(Ord. 2018-04-17, passed 4-16-2018)
All covered individuals, as defined herein, are subject to the provisions of this ethics code as provided herein, and all applicable state laws addressing ethics. In addition, the actions of covered individuals, to the extent applicable, shall be subject to the provisions of the Village of Carol Stream Personnel Manual and any other rules of operation and performance, including written contracts applicable to the performance of their duties.
(Ord. 2018-04-17, passed 4-16-2018)
For purposes of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CAMPAIGN FOR ELECTIVE OFFICE. Any activity in furtherance of an effort to influence the selection, nomination, election, or appointment of any individual to any federal, state or local public office or office in a political organization, or the selection, nomination, or election of presidential or vice presidential electors, but does not include activities:
(1) Relating to the support or opposition of any executive, legislative, or administrative action;
(2) Relating to collective bargaining;
(3) That are otherwise in furtherance of the person's official duties.
CANDIDATE. A person who has filed nominating papers or petitions for nomination or election to an elected office, or who has been appointed to fill a vacancy in nomination, and who remains eligible for placement on the ballot at a "regular election", as defined in § 1-3 of the Illinois Election Code (10 ILCS 5/1-3).
COMMISSIONER/COMMITTEE MEMBER. Individuals appointed by the Mayor to serve on the Plan Commission/Zoning Board of Appeals, Board of Fire and Police Commissioners, Police Pension Board, or any other village commission or committee formed by ordinance or resolution duly adopted by the Village Board of Trustees.
COMPENSATED TIME. With respect to an employee, any time worked by or credited to the employee that counts toward any minimum work time requirement imposed as a condition of his or her employment, but for the purposes of this article, does not include any designated holidays, vacation periods, personal time, compensatory time off or any period when the employee is on leave of absence. With respect to officers, or employees whose hours are not fixed, COMPENSATED TIME includes any period of time when the officer or employee is on premises under the control of the employer and any other time when the officer or employee is executing his or her official duties, regardless of location.
COMPENSATORY TIME OFF. Authorized time off earned by or awarded to an employee to compensate, in whole or in part, for time worked in excess of the minimum work time required of that employee as a condition of his or her employment.
CONTRIBUTION. Has the same meaning as the term defined in § 9-1.4 of the Illinois Election Code (10 ILCS 5/9-1.4).
COVERED INDIVIDUAL. The Mayor, Trustees, Village Clerk, appointed officers, village employees, commission members, and committee members.
ELECTED OFFICIALS. The Mayor, Village Clerk and Village Trustees.
EMPLOYEE. Any person employed by