(A) Membership, action, and compliance.
(1) The Legal Committee shall consist of six members, five of whom shall be appointed by the Mayor with the consent of the City Council, plus one ex officio member. The Mayor shall serve as the ex officio member (or an alderman appointed by the Mayor to serve as the alternate). The Mayor and alternate ex officio member are entitled to attend all Committee meetings, but the alternate may only vote on Committee matters in the absence of the Mayor. Each member as of the date of adoption of this section is deemed to have been appointed as provided herein.
(2) Each member may serve a maximum of three consecutive, two-year terms. Each member shall continue in office after expiration of the term until a successor shall have been duly appointed. The first term of each member as of the date of adoption of this section shall be deemed to be the date of his or her appointment to the Legal Committee prior to such adoption date.
(3) Vacancies on the Legal Committee shall be filled by the Mayor with the advice and consent of Council for the unexpired term of the former member.
(4) Each Committee member shall be subject to removal by the City Council.
(5) Three members shall constitute a quorum. Action taken by the majority of members present at a meeting at which a quorum is present shall be action of the Legal Committee.
(6) A Chair of the Legal Committee shall be appointed by the Mayor, with the advice and consent of the City Council. The Chair shall serve a term of two years (or, if earlier, until no longer serving as a member) and shall be eligible for reappointment. The Chair shall continue in office as Chair after expiration of the term as Chair until a successor Chair shall have been duly appointed. The duties of the Chair shall be to preside at meetings of the Committee, and in conjunction with the City Manager and the City Attorney, facilitate and coordinate the functions of the Committee. In the absence of the Chair (until, in the case of a vacancy in the office of the Chair, the appointment of a successor Chair as provided below), a member selected by vote of the other members shall act as Chair and shall have all the powers of the Chair. A vacancy in the office of the Chair shall be filled by the Mayor with the advice and consent of the City Council for the unexpired term of the former Chair.
(7) Members shall be subject to the provisions of all rules, regulations, ordinances, and statutes governing conduct of members of the boards and commissions of the city, including, but not limited to, Chapter 40 of this code, the Illinois Open Meetings Act, state statutes regarding gifts to public officials, filing of statements of economic interest, and the like.
(8) Members shall serve without compensation.
(B) Purpose. The purpose of the Legal Committee is as follows:
(1) Upon referral by the Mayor, the City Council, or the City Manager, review reports and documentation provided by the Mayor, City Manager, or City Attorney concerning legal claims or litigation threatened or filed against the city in order to promote compliance with the city's litigation management guidelines; offer initial evaluations and further assessments (as well as other comments) to the City Council on legal defense strategies of the city's legal counsel; and otherwise discuss and provide comments on legal matters concerning the city, including, without limitation, judicial actions in which the city may be interested.
(2) As requested by the Mayor, the City Council, or the City Manager, review the litigation management guidelines, legal developments, city ordinances and contracts, and other relevant materials on an as-needed basis to enhance legal compliance; promote avoidance or reduction of claims and litigation; promote the efficient and effective management of claims and litigation against the city, including consideration of alternative dispute resolution; and provide guidance on other legal matters.
(3) As determined by the Committee from time to time, suggest improvements to the city's ordinances, practices, procedures, and decision-making on an as-needed basis.
(4) As requested by the Mayor, the City Council, or the City Manager, review and evaluate city budgets and payments in respect of avoiding, resolving, and defending claims and litigation.
(5) As requested by the Mayor, the City Council, or the City Manager, evaluate the engagement of legal counsel and payment arrangements for said services, and the appropriateness of legal fees and litigation costs.
(6) To engage in such other activity as directed by the Mayor, the City Council, or the City Manager, affecting the legal interests of the city.
(C) Nature of Committee activity. The City Council hereby confirms that members of the Legal Committee in the course of Legal Committee activity serve solely as volunteer citizens of the city and do not serve as attorneys and do not provide legal representations or advice to the Mayor, City Council, the City Manager, or city. In their service on the Legal Committee, the members of the Legal Committee are persons normally and regularly consulted by the city in respect of such matters.
(D) Reports. The Legal Committee may communicate to the Mayor, City Council, and City Manager on such matters within the scope of the Committee's functions, which communications shall be in the form reasonably determined by the Committee.
(Ord. 2018-37, passed 8-6-2018)