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ORDINANCE NO. 2020-O-16
ORDINANCE AMENDING TITLE 1, “ADMINISTRATION”, OF THE VILLAGE OF LAKE BARRINGTON VILLAGE CODE
(RE: Chapter 17, “Administrative Adjudication System”, New Section 1-17-8, “Remote or Virtual Hearings”)
WHEREAS, in light of the continuing COVID-19 pandemic, the Corporate Authorities of the Village of Lake Barrington (“the Village”) have determined that it is in the best interests of the Village and its residents to amend Chapter 17, “Administrative Adjudication System”, of Title 1, “Administration”, of the Village of Lake Barrington Village Code to establish procedures for remote or virtual hearings to be held within the context of the procedures of the Village’s Administrative Adjudication System:
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Lake Barrington, Lake County, Illinois, in exercise of its authority as a Home Rule Unit, as follows:
SECTION 1: The President and Board of Trustees hereby find that the recitals hereinabove set forth are true and correct and are incorporated into the text of this Ordinance as its findings of fact to the same extent as if such recitals had been set forth herein in their entirety.
SECTION 2: Chapter 17, “Administrative Adjudication System”, of Title 1, “Administration”, of the Lake Barrington Village Code is hereby amended to add a new Section 1-17-8, “Remote or Virtual Hearings”, thereto to establish procedures for attendance at, submission of evidence, and/or holding of “virtual” or “remote” hearings of the Village’s Administrative Adjudication and Code Hearing Department, which new Section 1-17-8 shall read as follows:
“1-17-8: Remote or Virtual Hearings:
(A) Attendance: At the direction of the Village President, or at the discretion of the Village of Lake Barrington Hearing Officer, in-person attendance at any Village of Lake Barrington Administrative Adjudication hearing by any respondent(s) and/or defendant(s), by any Village officer(s), employee(s), and/or agent(s), by any witnesses, and/or by the Village Hearing Officer shall not be required when and if such person(s) participate electronically in such hearing, and the virtual or remote participation of all parties shall be by use of a telephone conference call and/or by an audio/video conferencing or meeting platform.
(B) Testimony: Any testimony may be taken under oath by means of such a conference call or by means of such an audio-video remote platform.
(C) Oaths: Any oaths of those testifying may be administered virtually or remotely to witnesses by the Hearing Officer, documents may be executed by any parties to the Administrative Adjudication proceeding electronically by the transmission of a fax or of a PDF of a signed document, which, when transmitted to or from the Hearing Officer, shall be deemed original document(s) for all purposes.
(D) Evidence: Evidence may be presented at any hearing by PDF or by video. A PDF copy of any documents proposed to be submitted as evidence at a virtual or remote Administrative Adjudication hearing shall be emailed to the Hearing Officer for the Village at an email address provided by the Village not less than 24 hours prior to the scheduled and/or continued date and time of such hearing, although the Hearing Officer, at his or her discretion, may reduce this timing where the interests of justice, fairness, and/or equity so require.”
SECTION 3: This Ordinance shall be immediately published in pamphlet form by the Village Clerk, but such publication shall not in any way affect or delay the effective date of this Ordinance, which Ordinance shall take effect immediately upon its passage, the Corporate Authorities hereby finding that such Ordinance shall take effect immediately due to the urgency which exists relative to the Coronavirus COVID-19 pandemic, which is presently ongoing.
SECTION 4: The Corporate Authorities of the Village intend that this Ordinance will be made part of the Village Code and that sections of this Ordinance can be renumbered or relettered and the word “Ordinance” can be changed to “Section”, “Article”, “Chapter”, or some other appropriate word or phrase to accomplish codification, and regardless of whether this Ordinance is ever codified, the Ordinance can be renumbered or relettered and any typographical and/or scrivener’s errors can be corrected with the authorization of the Village Attorney, or his or her designee.
SECTION 5: All parts of the Lake Barrington Village Code in conflict with the terms or provisions of this Ordinance be and the same are hereby amended or repealed to the extent of such conflict, and said Village Code and all other existing ordinances shall otherwise remain in full force and effect.
SECTION 6: If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is, for any reason, held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance, or any part thereof. The Corporate Authorities hereby declare that they would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective.
SECTION 7: This Ordinance shall not affect any punishment, discipline, infraction, or penalty or any action based on any other Ordinance of this Village incurred before the effective date of this Ordinance, nor any suit, prosecution or proceeding pending at the time of the effective date of this Ordinance, for any offense or violation committed or cause of action arising before this Ordinance, and said other ordinances as heretofore existing shall continue in full force and effect for said limited purpose.
Presented, read and passed by the President and Board of Trustees of the Village of Lake Barrington, Lake County, Illinois, on a roll call vote at duly called a regular or special meeting of the Board of Trustees on the 4th day of August, 2020, and deposited and filed in the Office of the Clerk of said Village on said date.
ROLL CALL VOTE:
YEAS: Trustees Burke, Mitchell, Rigby, Schaller, Thompson, and President Richardson
ABSENT: Trustee Perkins
APPROVED by the President of the Village of Lake Barrington,
Illinois, this 4 th day of August, 2020.
Kevin C. Richardson, Village President,
Lisa C. Pena-Tlapa, Village Clerk
Recorded in the Record of Ordinances of the Village as Ordinance No. 2020-O-16
Lisa C. Pena-Tlapa, Village Clerk
PUBLISHED IN PAMPHLET FORM THE 4TH DAY OF AUGUST, 2020