(A) Incorporation of recitals. The recitals in Ordinance 2004-11 are incorporated herein as if fully set forth in this division (A).
(B) Creation of the Offices of Village Attorney and Assistants to the Village Attorney.
(1) Creation. There is hereby created the Office of Village Attorney. The Attorney shall be appointed by the Mayor as provided by law, by and with the advice and consent of the Village Commission.
(2) Term. The Village Attorney shall hold his or her office for a term as provided by law. The term of the Village Attorney shall run from the date of appointment until the end of the term of the Mayor during which the appointment was made and consented to by the Commission or until the time as the Mayor removes the Village Attorney as provided by law. The Village Attorney shall continue to serve his or her responsibilities until the time as his or her successor is appointed and qualified.
(3) Responsibilities of the Village Attorney.
(a) Suits and actions. The Village Attorney, if so designated by the Mayor, shall prosecute or defend any and all suits or actions at law or in equity to which the village may be a party, or in which it may be interested, or which may be brought against or by any officer of the village on behalf of the village or in the capacity of such person as an officer of the village.
(4) Assistant Village Attorneys. There are hereby created 2 additional Offices of Assistant Village Attorney. The village may employ or engage Assistant Village Attorneys or may authorize the Village Attorney to employ or engage additional counsel to aid the village in its affairs whenever they deem it necessary or expedient. Appointment to the Office of Assistant Village Attorney and any Assistant Village Attorney’s service shall proceed as set forth in relation to the Village Attorney and may reach the areas of responsibility set forth above as work is or may be delegated by the appropriate village official or staff.
(5) Appointment; delegation. The appointment of an attorney to the position of Village Attorney or Assistant Village Attorney shall require the qualification of an individual. The appointee to the position may delegate work within any law firm of which he or she is a part.
(6) Compensation. The measure and manner of compensation for the Village Attorney and the Assistant Village Attorney shall be established by resolution or ordinance and shall be subject to change at any time by resolution or ordinance.
(7) Contracting. Nothing in this section prevents the village from contracting with other attorneys for the purpose of carrying on its governmental functions.
(C) Creation of the Office of Village Engineer.
(1) Creation. There is hereby created the Office of Village Engineer. The Village Engineer shall be appointed by the Mayor as provided by law, by and with the advice and consent of the Village Commission.
(2) Term. The Village Engineer shall hold his or her office for a term as provided by law. The term of the Village Engineer shall run from the date of appointment until the end of the term of the Mayor during which the appointment was made and consented to by the Commission or until the time as the Mayor removes the Village Engineer as provided by law. The Village Engineer shall continue to serve his or her responsibilities until the time as his or her successor is appointed and qualified.
(3) Responsibilities of the Village Engineer.
(a) Suits and actions. The Village Engineer, if so designated by the Village Attorney or Mayor, shall serve as a witness, expert, or non-legal assistant in relation to suits and actions which may relate to the village, including but not limited to responses to communications or notices from government agencies.
(b) Application of codes. It shall be the duty of the Village Engineer to see to the full enforcement of all codes relating to water and sanitary sewer service, subdivisions, zoning matters pertaining to engineering concerns, permitting of village operations, and other engineering matters as delegated to the Village Engineer.
(c) Advice. The Village Engineer shall be village’s reviewing consultant pertaining to planning matters delegated to him or her and shall render advice on all engineering questions affecting the village, whenever requested to do so by the Mayor, Village Clerk, Village Commission or code enforcement official or other officer of the village. Upon specific request by any of the aforementioned, he or she shall reduce the opinion to writing, provided that the rendering of the written opinion is professionally advisable. The chair of any committee, board, or commission of the village may also request the answer to a specific engineering question but the request shall be in writing signed by the chair. The Village Engineer shall provide opinions on engineering issues and questions orally and in writing to the extent deemed appropriate by the Village Engineer. If the Village Engineer responds to a question by a chair of a committee, board, or commission, the response shall be to the entire committee, board, or commission or in writing to the chair copied to the Mayor and the other members of the committee, board, or commission. The Village Engineer may render any advice requested of the Village Engineer if the request is made according to ordinance, resolution, or motion of the corporate authorities or federal or state law.
(d) Representation before the Planning and Zoning Commission or Zoning Board of Appeals. The Village Engineer may, as directed by the Mayor, represent the village’s interests before the Planning and Zoning Commission or the Zoning Board of Appeals in all hearings and meetings within their charge under village ordinances, provided that the Village Engineer shall not represent the Planning and Zoning Commission or the Zoning Board of Appeals. The Village Engineer shall solely represent the village in matters in which the village is an applicant for relief.
(4) Appointment; delegation. The appointment of an engineer to the position of Village Engineer shall require the qualification of an individual. The appointee to the position may delegate work within any firm or entity of which he or she is a part.
(5) Compensation. The measure and manner of compensation for the Village Engineer shall be established by resolution or ordinance and shall be subject to change at any time by resolution or ordinance.
(6) Contracting. Nothing in this section prevents the village from contracting with other engineers for the purpose of carrying on its governmental functions.
(D) Temporary appointments. The Mayor may temporarily appoint attorneys and engineers to serve the village or any 1 of its committees, boards, or commissions. The Mayor shall report the temporary appointment at a public meeting not later than 45 days following the appointment. Notation of the appointment of the temporary professionals and their compensation by the village shall be made in the minutes.
(E) Effectiveness. This section shall be in full force and effect from and after its passage, approval, and publication in pamphlet form (and otherwise as required by law) as provided in ILCS Ch. 65, Act 5, § 1-2-4.
(F) Publication. In accord with ILCS Ch. 65, Act 5, § 4-5-13, this section has remained on file in its final form for the minimum required period prior to passage in a location within the Village Hall and outside the Clerk’s office for public viewing. The Deputy Village Clerk is hereby authorized to publish this section in book or pamphlet form or the other form which is permitted or required pursuant to applicable law.
(Ord. 2004-11, passed 4-27-2004)