A. Village Board Meetings:
1. Administration:
a. The village president (or acting village president) shall preside at all meetings at which the president (or acting village president) is present as the chairperson.
b. In the event of the president's absence due to incapacity to perform official duties, a president pro tem shall be selected by the corporate authorities, pursuant to 65 Illinois Compiled Statutes 5/3.1-35-35. The president pro tem shall preside at all meetings and shall have all the powers of the president until the president is capable of performing his or her official duties.
c. In the event of the president's temporary absence, a temporary chairperson shall preside at the meeting pursuant to 65 Illinois Compiled Statutes 5/3.1-35-35. The temporary chairperson shall only have such authority as is permitted by statute. The trustees present at the meeting from which the president is absent shall select a temporary chairperson from its membership, by majority vote.
d. If a vacancy occurs in the office of the president of the village with a four (4) year term, the board of trustees shall elect one of its members as the acting village president as provided in subsection 1-5-1E of this chapter.
e. Under the circumstances outlined above, the village manager shall begin the meeting by announcing that the president will not be present at the regular or specially called meeting of the board, and using procedures outlined in "Robert's Rules Of Order", shall solicit nominations for trustees to serve as the acting chairperson. At the completion of the selection process, the village manager shall yield the chair.
2. Voting:
a. One Vote: Each trustee shall have one vote.
b. Majority: A majority of trustees or one-half (1/2) of the trustees and the village president shall constitute a quorum thereof, but a smaller number may meet to adjourn from time to time or to compel attendance of absentees.
c. Majority Vote: Unless otherwise provided, all resolutions, motions and ordinances shall be decided by the majority vote of the trustees present.
d. President's Vote: The village president shall not vote on any ordinance, resolution or motion, except:
(1) Where the vote of the trustees has resulted in a tie; or
(2) Where one-half (1/2) 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 of greater than a majority of the corporate authorities is required by state statute to adopt an ordinance, resolution or motion; or
(4) Where the village president is otherwise entitled to or required by state or federal law to vote.
In the above instances (subsections A2d(1) through A2d(4) of this section), the village president shall vote. Nothing in this section shall deprive an acting village president or president pro tem from voting in the capacity of trustee, but he/she shall not be entitled to another vote in the capacity as acting village president or president pro tem.
e. Passage: The following regulations pertain to the promulgation of direction, policy and law by the village board:
(1) Motions provide specific instructions, intent and concurrence of the village board without the formality of a resolution, for which there may be follow-on action, such as award of bids subject to the execution of a contract approved as to form by the village attorney; or indicate approval of the village board, as in the case of approving an appointment to a village office. Motions may be considered for adoption at the meeting at which the matter is presented under new business or the consent agenda.
(2) Resolutions are formal expressions of direction by the board of trustees, authorizing a specific action to be carried out that requires documentation in the form of a resolution. Examples of resolutions include establishing employment benefits and compensation; authorizing the expenditure of funds; directing the submittal of grant applications where the village is expected to financially participate. A resolution may be adopted at the meeting at which the matter is presented. A resolution is presented under new business or the consent agenda, if it deals with routine matters.
(3) Ordinances are official acts of the board of trustees to create or amend existing law, approve budgets; or are used when specifically required as the form of action by state or federal statute or regulation.
(4) The passage of a motion, resolution, or ordinance to create any liability against the village, or for the expenditure or appropriation of money, shall require the vote of a majority of the corporate authorities (all trustees elected and the village president).
(5) The passage of a motion, resolution or ordinance for the sale of village property shall require the vote of three- fourths (3/4) of the corporate authorities.
(6) Each such motion, resolution, or ordinance shall be reduced to writing and presented to the trustees and president prior to a vote being taken.
f. Consent Agenda: At any meeting, the trustees may by unanimous consent take a single vote by yeas and nays on the passage of any two (2) or more of the designated orders, resolutions or motions placed together for voting purposes in a single group. The single vote shall be entered separately in the journal under the designation "consent agenda". A voice vote shall be taken on approval of the consent agenda and recorded in the minutes. The minutes of previous proceedings and the payment of bills will be provisionally included on the consent agenda.
3. Veto:
a. The president shall have the right to veto any resolution or motion identified in subsection A2e of this section or any ordinance.
b. The village president may veto any one or more sums appropriated in any ordinance, resolution, or motion making that appropriation, and if so, the remainder shall be effective. However, the village president may veto an entire ordinance, resolution or motion making an appropriation.
c. If vetoed, the matter shall be returned to the next regularly scheduled village board meeting with the written objections of the president.
d. If the president fails to provide written objections for the veto to the trustees within five (5) days of said veto, the ordinance, resolution or motion shall become effective despite the absence of the president's signature.
e. If the president does provide written objections within the time specified, the trustees shall reconsider the matter at the next regular board meeting. If a vote of two-thirds (2/3) of the trustees elected to the village board shall reconfirm the vote first taken and vetoed by the president, the matter shall be approved. A vote of less than two-thirds (2/3) of the trustees shall not override the veto, and the matter will be defeated.
4. Rules Of Procedure:
a. "Robert's Rules Of Order" shall be followed for the regular board meeting except where in conflict with these rules.
b. The rules of order, other than those prescribed by statute, may be suspended at any time by the consent of a majority of the trustees present at the meeting.
c. The chairperson shall decide all questions of order and in all cases not provided for in these rules or the Illinois municipal code.
d. A trustee may appeal to the village board from a ruling by the chairperson, and, if the appeal is seconded, the trustee making the appeal may briefly state the reason for the appeal, and the chairperson may briefly explain the ruling, but there shall be no debate on the appeal. The chairperson shall then put the question, "Shall the decision of the chair be sustained?". If a majority of the trustees present vote "no", the decision of the chairperson shall be overruled; otherwise, it shall be sustained.
e. A trustee discussing a question shall address the chairperson, and a trustee shall not be deemed to have the floor until recognized by the chairperson.
f. When a question is before the board, no motion shall be in order but these:
(1) To adjourn;
(2) To lay on the table;
(3) For the previous question;
(4) To postpone indefinitely;
(5) To postpone to a certain date; or
(6) To amend.
These motions shall be privileged and have precedence in the order which they are made and are to succeed each other by this rule. The motions to adjourn, to lay on the table, and for the previous question shall be decided without debate.
g. A motion to adjourn shall always be in order, except:
(1) When a different trustee is in possession of the floor;
(2) When the trustees are voting;
(3) When adjournment was the last preceding motion;
(4) When it has been decided that the previous question shall be taken, and the previous question shall be as follows: "Shall the main question now be put?".
h. A vote may be reconsidered at any time during the same meeting or at the next regular meeting held thereafter, unless prior to the next meeting, rights of third parties have intervened. A motion for reconsideration, once having been made and decided in the negative shall not be renewed, nor shall a motion to reconsider be reconsidered. No motion to reconsider the approval or denial of the recommendation of any advisory body required to hold public hearings shall be entertained except at the same meeting at which the original action was taken. When a motion to reconsider is made and passed at the same meeting as the passage of the original motion, the original motion shall be treated as tabled to a later date certain.
(1) A motion to reconsider must be made by a trustee who voted on the prevailing side of the question to be reconsidered, unless otherwise provided by law; provided, however, that when 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 are required by statute for the passage or adoption of such motion, then in such case a motion to reconsider may be made only by those who voted in the affirmative on such question.
(2) No vote by the trustees shall be reconsidered or rescinded at a special meeting unless there are present at the special meeting as many trustees as were present when the original vote was taken.
i. If a village board member is unable to attend a properly scheduled village board meeting, they are required to contact the office of the village manager not less than three (3) hours prior to the meeting to inform him or her of their absence, unless the circumstances of their inability to attend precludes access to a telephone. In the event that the village board member fails to call and attend the meeting, they will be marked in the official meeting minutes as "Absent - Unexcused".
j. The village board may compel the attendance of absent members who are not excused at properly called meetings of the village board in order to achieve a quorum. If it is the will of the majority of the village board members present, the president shall direct the chief of police or designee to attempt to contact the absent member to inform him or her of the need for their presence to achieve a quorum. Those failing to respond to the action of the village president shall be subject to a fine in the amount of fifty dollars ($50.00).
k. Personal conduct of village officials at village board meetings:
(1) Prohibitions: No village board member or member of staff is permitted to act or appear in a disgraceful or disorderly manner at any village board meeting, which includes, but is not limited to:
(A) Continuing to speak without being recognized by the president;
(B) Interrupting other recognized speakers;
(C) Disregarding a ruling or order from the president;
(D) Making audible side remarks during the deliberations of the village board;
(E) Using profanity;
(F) Walking out or across the boardroom while the presiding officer of the village board is putting a question to a vote;
(G) Engaging in arguments with members of the public in attendance;
(H) Engaging in physical movements that are perceived to be threatening; or
(I) Using belligerent, slanderous, threatening, abusive terms to describe village officers, village employees, village contractors, members of the audience, or members of the community.
(2) Censure: To censure a village official is to warn him or her that if a certain behavior continues, the next step in discipline could be expulsion from the meeting. The purpose of a censure is to reprimand an official for a misconduct incident during a village board meeting or outside of the meeting, as addressed in subsection A4k(1) of this section, or chapter 9, "Ethics", of this title with the hope of reforming him or her so that he or she will not behave in the same way again. A motion to censure should be brought up under either new business or trustee comments sections of the regular meeting agenda. A motion to censure, outlining the particulars of the alleged incident of misconduct is made and seconded. The motion is subject to discussion. Passage of a motion of censure is subject to a vote of the majority of trustees present at the subject meeting.
(3) Expelling A Village Board Member From A Meeting: Any village board member(s) acting in a manner that is contrary to the personal conduct provisions of this code and failing to obey an order of the president to discontinue said misconduct incident may be subject to being expelled from the rest of the meeting. In order to seek expulsion, a motion to expel the board member shall be made and seconded by village board members. The motion for expulsion shall include findings of fact. The village board member subject to the motion of expulsion shall be provided the opportunity to show cause as to why they should not be expelled. The appealing village board member shall limit arguments to those pertinent to the findings of fact that are part of the motion. The president shall call the question following the board member's appeal. A vote of two-thirds (2/3) of all members then holding office is required for an expulsion to take place. If the motion to expel is passed, the president or senior trustee, in the event that the president is the subject of the expulsion vote, shall request that the police chief or designee escort the expelled board member out of the place of the village board meeting. If the board member does not cooperate with the order, he or she shall be charged with disorderly conduct. No trustee may be expelled a second time for the same incident.
(4) Prosecution: Any person can refer allegations of municipal officer misconduct or misfeasance to the state's attorney office for prosecution. The state's attorney shall decide the merits of the allegations for the purpose of prosecution. A municipal official who is found to be guilty of a culpable omission of duty, or who is guilty of wilful and corrupt oppression, misconduct, or misfeasance in the discharge of the duties of office is guilty of a business offense, and on conviction shall be fined not less than five hundred one dollars ($501.00) nor more than one thousand dollars ($1,000.00) as provided by state law. The court ordering the conviction shall enter an order removing the convicted officer from office.
5. The Agenda:
a. Prior to each meeting of the village board of trustees, an agenda shall be prepared by the village manager, under the direction of the village president.
b. An item may be placed upon the regular agenda by the village president or upon direction from a majority of the village trustees present during committee of the whole.
c. The village board shall not consider items not generally set forth in the agenda unless there is consent of two-thirds (2/3) of the trustees present at the meeting. In no case shall the village board take action on an item in violation of the open meetings act.
d. The order of business at meetings of the village board shall generally be as follows:
(1) Regular meeting:
(A) Call to order.
(B) Roll call.
(C) Pledge Of Allegiance.
(D) Correspondence.
(E) Public forum for audience participation. Individual comments are limited to three (3) minutes per person, and the total time for public comments is limited to thirty (30) minutes, unless leave is granted by the village president.
(F) Consent agenda.
(G) Nonconsent agenda for items requiring a roll call vote.
(H) Village board committee reports. Committee reports are limited to three (3) minutes each.
(I) Village officials' comments - village treasurer, village manager, village attorney, village clerk, village trustees, village president. All village officials' comments are limited to three (3) minutes except by leave of the president. An official may speak only once unless granted leave by the village president.
(J) Pending future business.
(K) Adjournment.
(A) Agenda items. Public comment shall be permitted on agenda items in order in groups of three (3). For example, at the beginning of agenda item #1, the president shall call for public comment on the first three (3) COW agenda items. Comments are limited to three (3) minutes per speaker.
(B) Request for future committee of the whole agenda items from trustees.
(C) Village board comments. Comments are limited to three (3) minutes per speaker. Trustees may speak only once unless granted leave from the village president.
(3) Executive session (if necessary).
(4) Adjournment.
e. The consent agenda shall include all items of a routine and noncontroversial nature. The proposed consent agenda shall include a specific enumeration of the various items and the proposed action relating thereto. Any item on the proposed consent agenda may be removed at the request of a trustee and voted on separately.
f. Public participation at village meetings is encouraged. A period of time at each regular meeting of the village board shall be made available for public comments. A citizen shall be permitted to speak upon being recognized by the chairperson. The citizen shall stand (if possible), and state his/her name prior to making comments. While not required, it may be helpful to the Village Board for citizens to state if they are a resident of the Village. Should comments of a personal or derogatory nature be expressed, the chair may immediately terminate the opportunity to speak. Individual comments are limited to three (3) minutes per person, and the total time for public comments is limited to thirty (30) minutes, unless leave is granted by the village president.
g. No person other than the village president, or a village trustee or other village official or employee or invited guest shall address the regular meeting outside of public comments, except that, upon being recognized by the chairperson, a citizen may address the meeting on any issue being discussed by the board. This decision is at the discretion of the chairperson or upon the affirmative vote of two-thirds (2/3) of the trustees present.
h. All legislation must be presented to the committee of the whole at a previous meeting prior to enactment, unless it is determined by the village board that expedited action is required to preserve the health, safety and general well being of the community, or to meet a deadline imposed by statutory requirement or an outside agency which requires that the matter be considered as an emergency measure. An emergency may be declared by a two-thirds (2/3) vote of the trustees elected. If the emergency motion passes, the legislation can proceed for consideration, provided that the reason for the extraordinary action is detailed in the preamble of the ordinance.
i. The adjournment of the meeting shall occur at or before ten o'clock (10:00) P.M., provided that the board may suspend this rule by a majority vote of the corporate authorities present.
j. Any business not completed before the adjournment of a meeting shall be automatically placed on the agenda of the next appropriate meeting, unless the trustees otherwise direct.
6. Minutes:
a. Minutes of the meeting shall be prepared by the village clerk, deputy clerk or person designated by the village president in the absence of the village clerk and deputy clerk, and submitted for approval by the trustees at the next regular meeting.
b. The village clerk has discretion to compile said minutes in his/her chosen format and content provided that, at a minimum, said minute format and content complies with local and state law.
c. In accordance with the standards set forth by 5 Illinois Compiled Statutes 120/2.06, the following minimum requirements are established for minutes of the Winfield village board:
(1) The date, time, and place of the meeting;
(2) The members recorded as either present or absent;
(3) Type of meeting being held, e.g., whether regular or special;
(4) A summary of the discussion on all matters proposed, deliberated or decided, motions made by whom, motions seconded by whom, and a record of the vote; the summary shall include a brief description of the nature of the topic of discussion or action, and summary of comments made, not quotations;
(5) On a motion to go into a closed meeting, the minutes must contain the vote of each member and the identification of the specific exception allowing such closed meeting; and
(6) If there is a closed meeting on probable or imminent litigation, the basis for the finding that the matter discussed was a matter of probable or imminent litigation must be specified in the minutes.
d. Any village board member can request a correction or amendment to the minutes. Village board members should contact the village clerk no later than Tuesday before a scheduled board meeting with their proposed changes, which will allow the clerk time to review the audiotape to ensure that the requested amendment was verbalized at the meeting, and if so to make the change to the minutes and present the amended minutes to the village board on the day of the meeting for approval. Any changes shall be highlighted. During a regular meeting at which approval of a prior village board meeting minutes is being considered, the president shall ask the members of the village board if other changes are requested. Requested changes shall be made in the form of a motion, subject to being seconded and voted upon by the village board. The village clerk may request that the village president postpone approval of the minutes for the purpose of verifying the proposed correction or amendment, based on a review of the video and/or audio tape of the meeting. Unless the matter is postponed, the minutes shall be amended as proposed if the motion passes by a majority vote.
e. No board member shall request that the village clerk amend the minutes in regard to a statement of another member of the village board, village staff, or the general public prior to the village board meeting at which the pertinent minutes are scheduled to be approved. The appropriate procedure under these circumstances is for the village board member to raise the proposed changes for another member's statements during the agenda item "approval of the meeting minutes". Unless the subject member of the village board, village staff, or the general public that made the statement consents to the change in person at the village board meeting where the change is requested, the village president shall withdraw consideration of the approval of said minutes from the agenda, to provide an opportunity for the village clerk to review the audiotape to ensure that the requested amendment was verbalized at the meeting, and if so to make the change to the minutes and present the amended minutes to the village board at a future meeting. If the village clerk finds that the proposed changes are inconsistent with what was verbalized, he or she shall report said findings during the next village board meeting, under the agenda item "approval of the meeting minutes".
f. The village board shall vote on the minutes as presented and/or amended at the next meeting, unless withdrawn by the president for verification of the proposed amendments by the village clerk as provided in subsection A6d or A6e of this section.
g. Approved meeting minutes shall be available to the public within seven (7) days after the village board meeting at which they were approved.
7. Priorities: When a consultant or other person or company paid by the village has a matter on the agenda before the board, this item shall be given priority in order to minimize the expense to the village.
1. The above rules shall, to the extent practicable, govern the procedure of the committee of the whole.
2. The atmosphere in these meetings is intended to be more informal, and public participation is encouraged.
3. Matters coming before the committee from an advisory body, such as the plan commission, shall be presented to the committee of the whole prior to being considered by the village board.
a. Matters coming before the committee from an advisory body shall not be presented to the committee less than fourteen (14) days after the recommendation has been officially made by the advisory body.
b. A representative of the advisory body shall attend the committee of the whole meeting at such time as the recommendation of the body is discussed. This representative should be prepared to present the recommendation and answer questions.
4. Two (2) or more village trustees may request an item be placed on the committee of the whole agenda if the request is received by the village manager no later than the second Monday before the village board meeting for which the request is being made. (Ord. 2013-06-18, 6-6-2013; amd. Ord. 2020-02-02, 2-20-2020)
Notes
| 1 | 1. See also subsection B of this section. |
| 2 | 1. See also subsection A5d of this section for order of business. |