2010-02505/03/2010
ORDINANCE NO. 2010-25
An Ordinance Providing for Procedures of the Corporate Authorities of the
Village of Buffalo Grove
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant
to the Illinois Constitution of 1970; and
WHEREAS, the Village President and the Board of Trustees ( "Corporate
Authorities ") meetings constitute legislative sessions of the Corporate Authorities
of the Village of Buffalo Grove providing the opportunity for the Corporate
Authorities to formally conduct Village business and, as such, are limited public
forums held for the specific purpose of conducting the business of the Village;
and
WHEREAS, it is the purpose of this Ordinance to establish procedures
for the Corporate Authorities to conduct its meetings in an orderly and efficient
manner.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and
BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE,
LAKE and COOK COUNTIES, ILLINOIS, pursuant to its Home Rule
authority, as follows:
Section 1. The foregoing recitals are hereby adopted and incorporated
into and made a part of this Ordinance as if fully set forth herein.
Section 2. Chapter 2.02, Board of Trustees, of the Buffalo Grove
Municipal Code is hereby amended to read as follows and shall be retitled to
"Procedures of the Corporate Authorities ":
Chapter 2.02 PROCEDURES OF THE CORPORATE AUTHORITIES
Sections:
2.02.010 Meetings.
2.02.020 Special meetings.
2.02.030 President Pro Tern and Village Treasurer
2.02.040 Public notice of meetings.
2.02.050 All meetings open.
2.02.060 Order of business.
2.02.070 Subjects of orders of business.
2.02.080 Agenda. _
2.02.090 Consent agenda.
2.02.100 Changes to agenda.
2.02.110 Ordinances— Resolutions.
2.02.120 Ordinances amending the Buffalo Grove Municipal Code.
2.02.130 Minutes.
2.02.140 Debate and discussion.
2.02.150 Motions to table, defer, and remove from agenda.
2.02.160 Practice — Generally.
2.02.170 Voting procedure.
2.02.180 Finance Committee
2.02.190 General Rules and decorum
2.02.200 Appeals.
2.02.210 Suspension of rules.
2.02.220 Rules of order.
2.02.010 Meetings.
A. Regular Meeting Dates, The Corporate Authorities shall hold regular
meetings on the first and third Mondays of each month. However, if such meeting
date falls on a legal holiday, on which legal holiday the Village offices are closed
for Village business, the meeting shall be held on the next following day which is
not a legal holiday and on which day the Village offices are open for Village
business or on such other day as approved by the Corporate Authorities. "Legal
holiday" includes any day designated as a state or national legal holiday.
B. Meeting Times. All meetings of the Corporate Authorities, whether in a
regular or special meeting or in a meeting of the committee of the whole, shall
commence at the hour of 7:30 p.m., unless a different time is fixed for a particular
meeting and proper notice given of such time.
C. Meeting Place. All meetings of the Corporate Authorities shall be held in the
Council Chambers of the Village Municipal Hall, unless some other place has
previously been fixed for a particular meeting and proper notice given of such
place.
D. Committee of the Whole.
1. The Corporate Authorities regular schedule of meetings of the committee of
the whole shall be on the second and fourth Mondays of each month. Committee
of the whole meetings may be scheduled at such other times as may be directed
by action of the Corporate Authorities or the Village President. No final action
may be taken at a meeting of the committee of the whole. However, the
committee of the whole may direct that items taken up in the committee be placed
on the agenda of the Corporate Authorities at a regular meeting or removed
therefrom. For purposes of notice requirements, agenda, and meeting times,
committee of the whole meetings shall be treated as a meeting of the Corporate
Authorities.
2. There shall be placed on the agenda of a committee of the whole meeting an
item entitled questions from the audience. Members of the public, during the
questions from the audience, may address the committee with comments
regarding only those items that are relevant to Village business. No person shall
speak for more than five minutes without consent of the Village President. The
Village President shall strictly restrain comments and questions to matters that are
relevant to Village business and shall not permit repetitious comments or
arguments.
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E. Presiding Officer. The Village President shall be the presiding officer at all
meetings of the Board of Trustees and at all times when the Board meets as a
committee of the whole.
F. Quorum. A quorum of the Corporate Authorities shall consist of not less than
four Trustees or three Trustees and the Village President; provided that a lesser
number may adjourn a meeting to a later date.
G. Adjournment. Every meeting of the Corporate Authorities shall adjourn, or
shall recess to a later day by 11:30 p.m., unless a majority of the Trustees present
agree to continue the meeting by motion for a specific additional amount of time
or to continue the meeting to the completion of the agenda or to the completion of
any item of business specified in the motion. A motion to continue the meeting
shall be non - debatable except as to the amount of time. Any matter not disposed
of shall be placed on the agenda for the next regular meeting unless deferred by a
majority of the Corporate Authorities present.
2.02.020 Special meetings.
A. Calling. Special meetings of the Corporate Authorities may be called by the
Village President or by any three Trustees.
B. Special Notice. Special meetings shall require at least forty-eight hours
advance public notice, which notice shall include the agenda for the special
meeting.
C. Only items of business that have been set forth upon the agenda of the special
meeting shall be considered at the special meeting. This provision shall not
prohibit the Corporate Authorities from discussing any item in executive session
as allowed by law.
2.02.030 President Pro Tem
A. The Village President, by and with the advice and consent of the Board of
Trustees, shall appoint the senior Trustee as President Pro Tem. Seniority shall be
based on the most continuous time served as a Trustee. In the event that more than
one Trustee has equal seniority, the Trustees having equal seniority shall draw
lots to determine who shall hold the position of President Pro Tem.
B. The President Pro Tem shall perform the duties pertaining to the office of the
Village President during an absence or disability of the Village President. The
Village President shall be deemed absent when he /she is outside of the state or
otherwise unavailable, within one hour's notification of the need to exercise the
powers of his/her office by the Village Manager or designee.
C. If the absence or disability of the Village President lasts longer than thirty
days, the Board of Trustees shall then elect one of its members to act as President
Pro Tem at the first Board meeting occurring at least thirty days after said notice.
D. The President Pro Tem shall serve until any of the following occurs:
1. Such person resigns as President Pro Tem, or
2. Such person is no longer a Village Trustee, or
3. A successor is chosen, pursuant to subsection A. hereof, following the next
general municipal election, or
4. An affirmative vote of the majority of the Trustees then holding office to
remove the President Pro Tem, or
5. A successor is chosen pursuant to subsection C. hereof.
E. In the event the Village President fails to attend a meeting of the Village
Board, the President Pro Tern shall act as a temporary chairman for the meeting of
the Village Board, and while so serving as temporary chairman, shall have only
the power of a presiding officer and a right to vote in the capacity as Trustee on
any ordinance, resolution, or motion. In the absence of the Village President and
President Pro Tern from a meeting, the Board of Trustees may elect one of their
members to act as a temporary chairman.
F. The Village President, by and with the advice and consent of the Board of
Trustees, shall appoint a Village Treasurer.
2.02.040 Public notice of meetings.
A. Annual Notice. The Village Clerk shall, at the beginning of each calendar
year, prepare, post in the Village Hall in a public place, and make available to the
public a schedule of regular meetings for the year. The schedule shall state the
regular dates, time and place of the regular meetings and all regularly scheduled
meetings of the committee of the whole.
B. Special, Rescheduled, and Reconvened Meetings. The Village Clerk shall
give notice of all special meetings, all rescheduled regular meetings, and all
reconvened meetings at least forty-eight hours prior to such meetings. Notice shall
not be required of any reconvened meeting, if the meeting is to reconvene within
twenty -four hours or if the time of reconvening is announced at the original
meeting and there is no change in the agenda.
C. Changes in Schedule. The Village Clerk shall give notice of any change in
the regular meeting dates of the Corporate Authorities prior to the first meeting
held under the changed schedule. In addition to the notice required under
subsection D. of this section, the Clerk shall publish the notice of change in
schedule in a newspaper of general circulation in the Village.
D. All notices required under this section shall be given to any news medium
that has filed an annual request for such notice and shall be posted on the
Village's website pursuant to the Illinois Open Meetings Act ( "Act ").
E. The Corporate Authorities shall comply with the minimum notice
requirements of the Act. The Village Clerk shall give any additional notices, and
shall comply with any additional requirements of the Act, as may be provided in
addition to the requirements of this section.
2.02.050 All meetings open.
A. Open Meetings. All meetings of the Corporate Authorities, including
meetings of the committee of the whole or other committees shall be open to the
public, except for executive sessions held in accordance with subsection B. of this
section and the Act.
B. Executive Sessions. Executive sessions closed to the public may be held only
in connection with those subjects exempt from public meetings or authorized for
closed sessions under the Act. No executive session may be held unless the
Corporate Authorities by motion determine to hold such session. The committee
of the whole may move to hold its proceedings in executive session whenever
appropriate subjects are to be considered, but the motion must be made in a public
meeting.
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C. Debate on Executive Sessions. Whenever a matter appropriate for
consideration in an executive session is requested to be taken up in an executive
session by the Village Manager, by any member of the Corporate Authorities, by
the Village Attorney, or by any person affected by the matter to be considered, the
Corporate Authorities shall consider the request.
Pending a decision by the Corporate Authorities whether to hold an executive
session as requested, or at a later time, or whether to consider the matter in an
open meeting, the members of the Corporate Authorities shall refrain from public
discussion of the substance of the matter. Any subject matter committed to
executive session shall be confidential. No public disclosure of the Corporate
Authority's discussions held or any decisions made in executive session shall be
made until the matter is made public by announcement, publication or official
action by or at the direction of the Corporate Authorities or the Village Manager.
D. A motion to go into executive session may be made at any time during an
open meeting of the Corporate Authorities, whether or not an executive session
has been scheduled on the agenda, but shall be out of order if the subject matter is
not eligible to be considered at an executive session pursuant to the Act.
2.02.060 Order of business.
A. Standing Orders. The standing order of business for all regular meetings of
the Corporate Authorities shall be:
1. Call to order;
2. Pledge of allegiance;
3. Roll call for attendance;
4. Approval of the minutes of the previous meetings;
5. Approval of Warrant;
6. Village President's Report;
7. Village Manager's Report;
8. Questions from the Audience;
9. Special Business;
10. Reports from Trustees;
11. Consent Agenda;
12. Ordinances and Resolutions;
13. Unfinished Business;
14. New Business;
15. Executive session;
16. Action on executive session items, if required;
17. Adjournment.
B. Procedure. All items of business shall be considered in the order in which
they are listed on the agenda, and all orders of business shall be taken up in the
standing order. The order of business may be changed, or an item taken up before
its place on the agenda at the discretion of the Village President.
2.02.070 Subjects of orders of business.
The following restrictions shall apply to the orders of business indicated:
A. Questions from the Audience.
1. For non - agenda items, members of the general public may address the
Corporate Authorities with concerns or comments regarding issues that are
relevant to Village business. Issues that are not relevant to Village business shall
not be allowed and shall not include any disrespectful remarks or comments
relating to individuals. All members of the public addressing the Corporate
Authorities shall, at all times, maintain proper decorum. All public comment shall
be addressed to the Corporate Authorities as a whole, and no comments shall be
addressed to individual members of the Corporate Authorities, Village staff or
other members of the public. Speakers shall use every attempt to not be repetitive
of points that have been made by others. Individual citizens may be allotted up to
ten minutes as determined by the Village President to present their points unless
in the Village President's discretion more time is allotted..
2. Debate or general discussion by the Corporate Authorities on any matters
raised during Questions from the Audience shall only be as allowed by the
Village President. The Corporate Authorities may refer any matter of public
comment to the Village Manager, Village staff, or an appropriate agency for
review, or may place the matter on a subsequent agenda for discussion.
3. For agenda items, comments may be made during the agenda item, when
recognized by the Village President. Individual citizens may be allotted up to five
minutes by the Village President to present their points unless a longer time is
approved by the Village President.
B. Reports from Trustees. Trustee reports shall generally be limited to
reporting on committees or commissions or announcements or comments of
general community interest. In the event that a Trustee has an issue to present
that is not on the agenda, or requests action on a matter, he or she shall do so
under New Business subject to the requirements of this Chapter. The Village
President can direct that Trustee matters be heard under New Business. Trustee
reports shall be limited to ten minutes unless otherwise approved by the Village
President.
C. New Business. In the event that the Village President or a Trustee brings up
a topic or issues for new business, he or she shall be limited to a maximum of five
minutes for presentation of the item of new business and to make any motion to
put the item on a future agenda. In the event that any such motion is seconded and
passed, the item can be placed on a future agenda. Discussion on such a motion to
put the issue on a future agenda shall be limited to five minutes for each Trustee
desiring to speak. No action shall be taken on any issue that is brought up other
than placing it on a future agenda. In the event there is no motion to place the item
on a future agenda, any comments by other Trustees on the topic shall be limited
to a maximum of five minutes.
2.02.080 Agenda.
A. Contents. The agenda for a meeting shall contain all of the items of business
to be considered by the Corporate Authorities at such meeting. No final action
shall be taken on any item which is not properly on the agenda. The agenda shall
contain all items of business under the proper order of business.
B. Preparation. The agenda shall be prepared under the direction of the Village
Manager, and shall include such matters as the Manager or Village President shall
determine, matters previously set by the Corporate Authorities for the particular
meeting, including matters postponed to such date, and matters requested by at
least two Trustees.
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C. Supplemental Agendas. The Manager may, at his discretion, and shall at the
request of the Village President or any two Trustees, issue a supplemental agenda
no later than the Friday preceding the regular meeting. Supplemental agendas
shall be distributed with all necessary materials to be considered at the meeting.
D. Distribution of Agendas. As soon as the final agenda is issued for any
meeting of the Corporate Authorities, it shall be posted in a public place in the
Village Hall, distributed to the members of the Corporate Authorities and to all
Village departments, and made available to the public. Copies of the agenda shall
also be available to the public at the meeting.
E. Committee of the whole agendas. All committee of the whole agendas shall
be prepared and distributed and shall have the same effect as herein provided for
agendas of regular meetings of the Corporate Authorities. Committee of the whole
agendas may be issued up to forty -eight hours before the meeting.
2.02.090 Consent agenda.
A consent agenda shall be prepared under the direction of the Village Manager,
and shall include such matters as the Manager shall determine are routine. All
items listed on the consent agenda will be enacted by one motion and one vote,
which shall be a roll call vote. No separate discussion of any items listed on the
consent agenda will occur unless the Village President, a Trustee, or a citizen so
requests, in which event the item will be removed from the consent agenda and
considered individually after all other items of business on the regular agenda
under new business.
2.02.100 Changes to agenda.
A. Removal. Any matter included on an agenda may be removed from the
agenda by the Corporate Authorities. Such motion shall be in order at any time
the item is before the meeting. Removal of an item from the agenda shall not
affect its subsequent inclusion on a later agenda.
B. Additions. Any matter not included on an agenda or a supplemental agenda
for a meeting may be added by a majority vote of the Corporate Authorities. Any
added matter shall only be for discussion purposes; no final action may be taken
by the Corporate Authorities on any matter not on the published agenda.
2.02.110 Ordinances — Resolutions.
A. Ordinances. No ordinance shall be considered by the Corporate Authorities
until it has been reviewed by the Village Manager and approved as to form by the
Village Attorney.
B. Resolutions. No resolution shall be considered unless it has been reduced to
writing and reviewed by the Village Manager and approved as to form by the
Village Attorney.
C. Amendment. Any ordinance, resolution or contract may be amended, or
blanks therein filled, upon motion adopted by the Corporate Authorities at any
time before final passage.
D. Reading. No ordinance, resolution or contract need be read at large prior to
consideration or action by the Corporate Authorities.
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2.02.120 Ordinances amending the Buffalo Grove Municipal Code.
A. An ordinance which proposes to amend the text of any existing section of the
Buffalo Grove Municipal Code shall set forth the entire existing text of such
section, and shall indicate the changes to be made in such section by underscoring
new text to be added thereto, and by lining through an existing text to be deleted
or repealed by the amendatory ordinance.
B. Whenever an entirely new section is to be added to the Buffalo Grove
Municipal Code, the amendatory ordinance so proposing may indicate such intent
by bracketing the entire text of the proposed section, in lieu of underlining its text.
C. Whenever an ordinance proposes to repeal an entire section of the Buffalo
Grove Municipal Code, or to re- section an existing section with another section
number, the amendatory ordinance so proposing need not reproduce the text of
such section nor show such text as deleted.
D. In any ordinance amending the Buffalo Grove Municipal Code, if any
existing text of any existing section being amended therein is not set out, and is
not shown in the amendatory ordinance as being deleted or repealed, then such
omitted text shall remain as part of the Buffalo Grove Municipal Code the same
as if such amendatory ordinance had not been passed.
E. The requirements of this section shall not apply to any ordinance which
contains entirely new matter, and which does not by its terms amend, add to, or
repeal provisions of the Buffalo Grove Municipal Code.
F. Ordinances of the Village of Buffalo Grove shall be construed in accordance
with the drafting requirements imposed by this section. Failure of any ordinance
hereafter to comply with the requirements of this section shall not invalidate such
ordinance.
2.02.130 Minutes.
A. Procedure -- Clerk. The Village Clerk shall keep draft minutes of all official
meetings of the Corporate Authorities, which shall be reduced to writing and
submitted to the next regular meeting for correction and approval. Unless directed
by the Corporate Authorities, the minutes shall not be read prior to adoption. Any
person may rise to point out errors or omissions in the draft, and additions and
corrections shall be made prior to adoption upon motion by any Trustee or at the
request of the Clerk. The minutes as approved shall constitute the official journal
of the proceedings of the Corporate Authorities.
B. Contents. The minutes shall include all motions made and all actions taken
by the Corporate Authorities, including the maker and seconder, and shall 'indicate
all matters taken up, even when no action is taken. All roll call votes shall be
recorded, and voice votes so indicated. All persons presenting matters or speaking
to any item shall be indicated. All rulings shall be noted. Summaries of points
made and discussions shall be included at the direction of the Corporate
Authorities. Any member of the Corporate Authorities may dissent from any
action taken and have the reasons therefor included in the minutes.
C. Subsequent Additions and Corrections. If any errors or omissions are
discovered in minutes previously approved, such minutes may be corrected by a
written correction thereto adopted by a majority of the Corporate Authorities. The
Clerk shall distribute to the members of the Corporate Authorities a statement of
the correction and the reason therefor. It shall not be necessary to reconsider the
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approval of the minutes previously adopted. However, no minutes shall be
corrected so as to indicate a change in the result of any vote on any ordinance,
budget or expenditure item, or contract approval, from the result announced by
the Village President at the meeting.
2.02.140 Debate and discussion.
A. Discussion. All items of business on the agenda of a meeting shall be open
for discussion and debate by the Corporate Authorities upon being called by the
Village President. Upon the sole discretion of the Village President, the Village
President may call upon Village staff to discuss, debate, or provide information
relating to any and all items of business on the meetings agenda.
B. Previous Question. Whenever a motion is pending, debate shall be closed by
the Village President when the issue is exhausted or the points raised become
repetitious or dilatory. Any Trustee may move the previous question at any time,
and if carried by a two- thirds vote, such motion shall terminate all discussion and
debate. A motion to move the previous question is not debatable.
C. No person shall speak unless recognized by the Village President. All
discussion and debate shall be courteous, respectful, and to the point. Remarks
shall be addressed to the Village President.
2.02.150 Motions to table, defer, or remove from agenda.
A. Tabling. A motion to table shall dispose of an item of business, which shall
not again be considered until the item is removed from the table. Tabling of a
specific proposal shall not, however, preclude future consideration of a similar,
but substantively different, proposal as a different item. Tabling of a subject
matter shall bar the entire subject from any future consideration until removed
from the table by action of the Corporate Authorities.
B. Removing from Table. No matter may be removed from the table except
upon motion adopted by a majority vote of the Corporate Authorities. No matter
which is not on the agenda of a meeting may be removed from the table except by
motion adopted by a majority vote of the Corporate Authorities then present. No
matter previously tabled may be added to the agenda during the same meeting it is
to be considered for passage or adoption.
C. Defer. A motion to defer consideration shall defer all consideration of an item
until a later time, date or the occurrence of an event.
D. Remove. A motion to remove from agenda shall terminate all consideration
of the item at the meeting, and shall not direct or imply any direction with regard
to consideration at any future meeting.
2.02.160 Practice -- Generally.
A. Motions. No motion shall be put to a vote unless it is seconded. Neither the
maker nor seconder of a motion shall be required to vote in favor of the motion.
B. Withdrawal of Motions -- Seconds. The maker of a motion may withdraw it
any time before the commencement of the vote, without the approval of the
seconder. The seconder may thereupon renew the motion and seek a new
seconder; if the seconder does not renew the motion, any other Trustee may then
do so. A seconder of a motion may withdraw his second at any time before the
commencement of the vote.
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C. Amendment of Motions. The maker of a motion may amend his motion,
with the concurrence of the seconder, at any time prior to the commencement of
the vote.
D. Motions to Amend and to Fill Blanks.
1. A motion to amend an amendment shall be in order, but one to amend an
amendment to an amendment shall not be entertained.
2 An amendment modifying the intention of a proposition shall be in order; but
an amendment not germane to the subject of the pending proposition shall not be
in order.
3. On an amendment to "strike out and insert," the paragraph to he amended
shall first be read as it stands, then the words proposed to be stricken out, then
those to be inserted, and finally the paragraph as it will stand if so amended shall
be read.
E. Division of Questions. A question which is divisible shall be divided upon a
motion to divide adopted by the Corporate Authorities, and not otherwise. A
question shall be divisible only if it contains more than one distinct proposition,
and only if all of the divided propositions are each capable of complete and
independent adoption or passage. However, no ordinance shall be divisible.
F. Motion to Substitute. A substitute for any original proposition under debate
or for any pending amendment to such proposition may be entertained by motion.
If accepted by the Corporate Authorities by majority vote, the substitute motion
shall entirely supersede such original proposition or amendment, as the case may
be.
G. Reconsideration.
1. A vote or question may be reconsidered at any time during the same meeting,
or at the first regular meeting held thereafter. A vote or question may be
reconsidered or a matter rescinded at a special meeting held prior to the next
regular meeting but only if there are present at such special meeting as many
members of the Corporate Authorities as were present when the original vote was
taken. Where a motion to reconsider is made at the same meeting as the passage
of the original motion it may be postponed to a later date certain.
2. A motion for reconsideration having been made and decided in the negative or
tabled shall not be renewed, nor shall a motion to reconsider be reconsidered.
3. A motion to reconsider must be made by a Trustee who voted on the
prevailing side of the question to be reconsidered. Any Trustee may second a
motion to reconsider. Any vote upon a motion to reconsider a shall be by roll call
vote.
H. Rescinding and Repeal. No resolution or other written proposition shall be
subsequently rescinded except by adoption of a written resolution or other written
proposition. No ordinance or provision of an ordinance shall be repealed except
by a subsequent ordinance which expressly and specifically affects such repeal.
No ordinance shall be construed to repeal any previous ordinance by implication,
notwithstanding any inconsistency or conflict between them; in such cases, the
subsequent ordinance shall supersede the prior ordinance and shall govern those
situations to which it is applicable to the extent of such conflict or inconsistency,
and the prior ordinance provisions shall remain applicable to all other situations,
circumstances and applications as to which it has not been superseded.
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2.02.170 Voting procedure.
A. Roll Call Votes. A roll call vote by ayes and nays shall be taken on any
motion:
1. To pass ordinances, approve contracts, authorize expenditures, adopt or
amend the budget, or waive competitive bidding;
2. Which any majority greater than a simple majority of the members of the
Corporate Authorities present is required;
3. Required by State law to be by record vote;
4. To reconsider a roll call vote or to pass, adopt or approve any ordinance,
resolution or motion over the veto of the president;
5. To appeal the ruling of the chair;
6. At the request of any member of the Corporate Authorities.
B. Putting the Question. The Village President shall put the question on all
votes. The question shall not be restated or read by the Clerk unless directed by
the Village President or requested by a Trustee.
C. Voting. Each Trustee shall vote in the order of their seniority on the Village
Board. The Village President, when authorized to vote, shall always vote last.
When the Clerk calls on a member to vote, the member of the Corporate
Authorities may take one minute to explain his or her reasons. Any Trustee may
change his or her vote until the Clerk announces the tally, which shall be
announced as soon as the tally is complete unless a member is recognized to
change their vote. Every Trustee shall vote aye or nay on every roll call, and shall
not abstain unless he or she declares a conflict of interest, as defined under State
law or the Village ordinances. A Trustee who does not vote, or who requests an
abstention without announcing a de jure conflict of interest, or who votes "pass"
or "present" shall be recorded, at the conclusion of the roll call, voting with the
majority on the particular question.
D. Effect of Not Voting. Except for instances of de jure conflicts of interest, and
except for a motion to appeal the ruling of the Village President, failure or refusal
to vote by a Trustee in attendance shall constitute concurrence in the vote of the
majority who did vote on the question involved.
E. The passage of any resolution or motion: (1) not creating any liability against
the Village; or (2) not for the expenditure or appropriation of its money; or (3)
any other matter not required by statute or by Village ordinance to receive any
particular vote shall require the concurrence of a majority of all members of the
Corporate Authorities present. The Village President shall not vote on any such
resolution or motion except the following: (a) where the vote of the Trustees has
resulted in a tie; or (b) where one -half of the Trustees present have voted in favor
of the resolution or motion even though there is no tie vote.
F. The Village President shall announce the result of every vote, whereupon no
further discussion, debate, or explanation of votes shall be in order on the
question voted, except on a motion to reconsider, made and seconded.
2.02.180 Finance Committee
A. The Village of Buffalo Grove Finance Committee is an advisory body to the
Corporate Authorities. The Finance Committee shall meet when called and shall
study and make recommendations of specific matters related to the financial and
fiscal performance of the Village as well as issues as assigned or as they occur
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that may have a fiscal impact on the Village. Meetings of the Finance Committee
are open to other members of the Corporate Authorities.
B. The Finance Committee shall consist of the Village President, Village
Treasurer, Finance Portfolio Trustee, Village Manager and the Village's Director
of Finance & General Services.
2.02.190 General rules and decorum.
A. The Village President shall decide all questions of order, and in all cases
where these rules are not applicable, the Corporate Authorities shall be governed
by parliamentary law as set forth in Robert's Rules of Order Newly Revised, latest
edition.
B. Trustees discussing a question or item shall address the Village President, and
no Trustee shall proceed with his or her remarks until recognized and named by
the Village President. He or she shall confine themselves to the questions under
debate avoiding personalities and refrain from impugning the motives of any
other member's argument or vote.
C. The Village President may designate the maximum amount of time which
may be devoted to the debate or discussion on any matter of business appearing
on the agenda or any item that is raised by a Trustee or by staff or by any other
person coming before the Board unless otherwise specifically set forth herein.
Before discussion may continue beyond the designated time a majority of the
Trustees present must first agree to continue the debate for a specific additional
amount of time. A motion to continue the debate shall be non - debatable.
D. The Village President shall maintain order and decorum at all times during
meetings of the Corporate Authorities. The Village President shall call to order
any Trustee who transgresses these rules, and shall admonish all other persons
who do not abide by these rules or the Village ordinances.
E. No person shall interrupt the person who has the floor, except the Village
President.
F. No member shall speak more than twice on any agenda item that was on the
published agenda, unless the Village President permits additional comments for
an amount of time determined by the Village President. No member shall speak
longer than ten minutes at any one time, and not again until every other member
desiring to speak shall have had an opportunity to do so.
G. While a member is speaking, no member shall disturb the meeting or hamper
the transaction of business. Members shall refrain from openly sending or
receiving text messages during the meeting. Member's cell phones and similar
devices shall be kept on "silent" and off the dais so as to not be distractive to
either the public or the Corporative Authorities.
H. A member when called to order by the Village President shall thereupon
discontinue speaking and the order or ruling of the Village President shall be
binding and conclusive, subject only to the right of appeal. Any member may
appeal to the Board of Trustees from a ruling of the Village President pursuant to
Section 2.02.200.
I. Any member acting or appearing in a lewd or disgraceful manner, or who uses
abusive, disrespectful or disgraceful, obscene or insulting language to or about
any member of the Board of Trustees or a member of staff, or who does not obey
the order of the Village President, or persists in disorderly, disruptive conduct
12
shall be, on motion, censured by a majority vote of the members present. Any
member who interferes with the orderly conduct of the meeting or who persists in
disorderly, disruptive conduct may be expelled from the meeting by a two- thirds
vote of all members elected.
J. The Village President shall eject from the meeting any person, other than an
elected official, who interferes with the orderly conduct of the meeting or who
persists in disorderly, disruptive conduct and may call on any officer of the police
department for assistance.
K.1. Meetings of the Corporate Authorities may be sound recorded,
photographed, filmed or televised by representatives of any news medium, as
defined in Section 8 -902 of the Illinois Code of Civil Procedure (735 ILCS 5/8-
902), as now or hereafter amended, or as may otherwise be authorized under the
Illinois Open Meetings Act.
2. However, no flashbulbs, flood lights or similar lighting may be used during
meetings of the Corporate Authorities without the approval of the Village
President. No person may disrupt a meeting or interfere with the orderly
communication among or the unobstructed vision of the participants in the
meeting, or of the general public in attendance.
3. Photographic and television equipment may be restricted by the Village
President to designated areas of the room in which a meeting is being conducted,
but such area must have a clear view of the proceedings.
4. No person shall take photographs or make other visual recordings of any
meeting until he or she has informed the Village President of such intent.
L. Whenever the Corporate Authorities sits as a tribunal or conducts a hearing at
which witnesses are to testify, and a witness asserts the right under state or federal
law to refuse to testify if the proceedings are to be broadcast, televised or
photographed, the Village President shall direct that all such photographing,
broadcasting and televising cease during the testimony of the witness, and the
Village President shall enforce such order by all lawful means.
M. When preparing for any meeting of the Corporate Authorities, members
should, to the greatest extent possible, direct questions ahead of time to the
Village Manager, or designee, so that staff can provide the desired information at
the Corporate Authorities meeting.
2.02.200 Appeals.
Any Trustee may appeal from a ruling of the Village President. If the appeal is
seconded, only the Trustee moving the appeal may speak to the motion, but the
Village President may explain his ruling. Otherwise there shall be no discussion
or debate. The Village President shall put the question: "Shall the decision of the
Chair be sustained ?" If a majority of the members present vote "no," the decision
of the Chair shall be overruled; otherwise, it shall be sustained.
2.02.210 Suspension of rules.
The rules of order of the Corporate Authorities may be suspended by motion
adopted by a two- thirds vote of the Corporate Authorities then holding office,
except that any suspension of a rule or procedure requiring a greater vote shall
require that same vote. However, no requirement or procedure imposed by any
State law which is a limitation on municipal home rule units may be suspended.
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Any such motion must specify the matters to which the suspension applies. No
suspension of the rules of procedure shall extend beyond the meeting at which the
motion is made.
2.02.220 Rules of order.
The rules of order of the Corporate Authorities of the Village of Buffalo Grove
shall consist of the provisions of this Chapter and, except where inconsistent or in
conflict with this Chapter or with Illinois law, the provisions of Robert's Rules of
Order Newly Revised, latest edition, to the extent otherwise applicable.
Section 3. If any section, paragraph, clause or provision of this
Ordinance shall be held invalid, the invalidity thereof shall not affect any other
provision of this Ordinance.
Section 4. This Ordinance shall be effective upon its passage,
approval and publication. This Ordinance may be published in pamphlet form
AYES: 4 — Braiman, Glover, Trilling, Sussman
NAPES: 1 — Stone PRESENT: 1 - Berman
ABSENT: 0 — None
PASSED: May 3 --,2010.
APPROVED: May 3 2010.
PUBLISHED: May 3 2010.
ATTEST:
-Village Clerk
F:Adocs \dients\1 03 \1001 \ORD \00073103.DOC
14
Village President
STATE OF ILLINOIS) ss.
COUNTY OF COOK )
CERTIFICATE
1, Janet M. Sirabian, certify that I am the duly elected
and acting Village Clerk of the Village of Buffalo
Grove, Cook and Lake Counties, Illinois. I further
certify that on, May 3, 2010 the Corporate
Authorities of the Village passed and approved
Ordinance No. 2010 -25, AN ORDINANCE,
PROVIDING FOR PROCEDURES OF THE
CORPORATE AUTHORITIES OF THE VILLAGE
OF BUFFALO GROVE provided by its terms that it
should be published in pamphlet form.
The pamphlet form of Ordinance No, 2010 -2!r
including the Ordinance and a sheet thereof, was
prepared, and a copy of such Ordinance was posted
in and at the Village Hall, commencing on May 4,
2010 and continuing for at least ten days thereafter.
Copies of such Ordinance were also available for
public inspection upon request in the Office of
Village Clerk.
Dated at Buffalo Grove, Illinois, this 4th day of
May, 2010.
MRi�4f /
VilWe -Clerk
05/03/2010
ORDINANCE NO. 2010-25
An Ordinance Providing for Procedures of the Corporate Authorities of the
Village of Buffalo Grove
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant
to the Illinois Constitution of 1970; and
WHEREAS, the Village President and the Board of Trustees ( "Corporate
Authorities ") meetings constitute legislative sessions of the Corporate Authorities
of the Village of Buffalo Grove providing the opportunity for the Corporate
Authorities to formally conduct Village business and, as such, are limited public
forums held for the specific purpose of conducting the business of the Village;
and
WHEREAS, it is the purpose of this Ordinance to establish procedures
for the Corporate Authorities to conduct its meetings in an orderly and efficient
manner.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and
BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE,
LAKE and COOK COUNTIES, ILLINOIS, pursuant to its Home Rule
authority, as follows:
Section 1. The foregoing recitals are hereby adopted and incorporated
into and made a part of this Ordinance as if fully set forth herein.
Section 2. Chapter 2.02, Board of Trust, --zs, of the Buffalo C °Ove
Municipal Code is hereby amended to read as follows and shall be retitled to
"Procedures of the Corporate Authorities ":
Chapter 2.02 PROCEDURES OF THE CORPORATE AUTHORITIES
Sections:
2.02.010 Meetings.
2.02.020 Special meetings.
2.02.030 President Pro Tern and Village Treasurer
2.02.040 Public notice of meetings.
2.02.050 All meetings open.
2.02.060 Order of business.
2.02.070 Subiects of orders of business.
2.02.080 Agenda.
2.02.090 Consent agenda.
_
2.02.100 Changes to Agenda.
2.02.110 Ordinances — Resolutions.
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2.02.120 Ordinances amending the Buffalo Grove Municipal Code.
2.02.130 Minutes.
2.02.140 Debate and discussion.
2.02.150 Motions to table, defer, and remove from agenda.
2.02.160 Practice — Generally.
2.02.170 Voting procedure.
2.02.180 Finance Committee
2.02.190 General Rules and decorum
2.02.200 Anneals.
2.02.210 Suspension of rules.
2.02.220 Rules of order.
2.02.010 Meetings.
A. Regular Meeting Dates. The Corporate Authorities shall hold regular
meetings on the first and third Mondays of each month. However, if such meeting
date falls on a legal holiday, on which legal holiday the Village offices are closed
for Village business, the meeting shall be held on the next following day which is
not a legal holiday and on which day the Village offices are open for Village
business or on such other day as approved by the Corporate Authorities. "Legal
holiday" includes any day designated as a state or national legal holiday.
B. Meeting Times. All meetings of the Corporate Authorities, whether in a
regular or special meeting or in a meeting of the committee of the whole, shall
commence at the hour of 7:30 p.m., unless a different time is fixed for a particular
meeting and proper notice given of such time.
C. Meeting Place. All meetings of the Corporate Authorities shall be held in the
Council Chambers of the Village Municipal Hall, unless some other place has
previously been fixed for a particular meeting and proper notice given of such
place.
D. Committee of the Whole.
1. The Corporate Authorities regular schedule of meetings of the committee of
the whole shall be on the second and fourth Mondays of each month. Committee
of the whole meetings may be scheduled at such other times as may be directed
by action of the Corporate Authorities or the Village President. No final action
may be taken at a meeting of the committee of the whole. However, the
committee of the whole may direct that items taken up in the committee be placed
on the agenda of the Corporate Authorities at a regular meeting or removed
therefrom. For purposes of notice requirements, agenda, and meeting times,
committee of the whole meetings shall be treated as a meeting of the Corporate
Authorities.
2. There shall be placed on the agenda of a committee of the whole meeting an
item entitled questions from the audience. Members of the public, during the
questions from the audience, may address the committee with comments
regarding only those items that are relevant to Village business. No person shall
speak for more than five minutes without consent of the Village President. The
Village President shall strictly restrain comments and questions to matters that are
relevant to Village business and shall not permit repetitious comments or
arguments.
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E. Presiding Officer. The Village President shall be the presiding officer at all
meetings of the Board of Trustees and at all times when the Board meets as a
committee of the whole.
F. Quorum. A quorum of the Corporate Authorities shall consist of not less than
four Trustees or three Trustees and the Village President; provided that a lesser
number may adjourn a meeting to a later date.
G. Adjournment. Every meeting of the Corporate Authorities shall adjourn, or
shall recess to a later day by 11:30 p.m., unless a majority of the Trustees present
agree to continue the meeting by motion for a specific additional amount of time
or to continue the meeting to the completion of the agenda or to the completion of
any item of business specified in the motion. A motion to continue the meeting
shall be non - debatable except as to the amount of time. Any matter not disposed
of shall be placed on the agenda for the next regular meeting unless deferred by a
majority of the Corporate Authorities present.
2.02.020 Special meetings.
A. Calling. Special meetings of the Corporate Authorities may be called by the
Village President or by any three Trustees.
B. Special Notice. Special meetings shall require at least forty-eight hours
advance public notice, which notice shall include the agenda for the special
meeting.
C. Only items of business that have been set forth upon the agenda of the special
meeting shall be considered at the special meeting. This provision shall not
prohibit the Corporate Authorities from discussing any item in executive session
as allowed by law.
2.02.030 President Pro Tem
A. The Village President, by and with the advice and consent of the Board of
Trustees, shall appoint the senior Trustee as President Pro Tem. Seniority shall be
based on the most continuous time served as a Trustee. In the event that more than
one Trustee has equal seniority, the Trustees having equal seniority shall draw
lots to determine who shall hold the position of President Pro Tem.
B. The President Pro Tem shall perform the duties pertaining to the office of the
Village President during an absence or disability of the Village President. The
Village President shall be deemed absent when he /she is outside of the state or
otherwise unavailable, within one hour's notification of the need to exercise the
powers of his/her office by the Village Manager or designee.
C. If the absence or disability of the Village President lasts longer than thirty
days, the Board of Trustees shall then elect one of its members to act as President
Pro Tem at the first Board meeting occurring at least thirty days after said notice.
D. The President Pro Tem shall serve until any of the following occurs:
1. Such person resigns as President Pro Tem, or
2. Such person is no longer a Village Trustee, or
3. A successor is chosen, pursuant to subsection A. hereof, following the next
general municipal election, or
4. An affirmative vote of the majority of the Trustees then holding office to
remove the President Pro Tem, or
5. A successor is chosen pursuant to subsection C. hereof.
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E. In the event the Village President fails to attend a meeting of the Village
Board, the President Pro Tern shall act as a temporary chairman for the meeting of
the Village Board, and while so serving as temporary chairman, shall have only
the power of a presiding officer and a right to vote in the capacity as Trustee on
any ordinance, resolution, or motion. In the absence of the Village President and
President Pro Tern from a meeting, the Board of Trustees may elect one of their
members to act as a temporary chairman.
F. The Village President, by and with the advice and consent of the Board of
Trustees, shall appoint a Village Treasurer.
2.02.040 Public notice of meetings.
A. Annual Notice. The Village Clerk shall, at the beginning of each calendar
year, prepare, post in the Village Hall in a public place, and make available to the
public a schedule of regular meetings for the year. The schedule shall state the
regular dates, time and place of the regular meetings and all regularly scheduled
meetings of the committee of the whole.
B. Special, Rescheduled, and Reconvened Meetings. The Village Clerk shall
give notice of all special meetings, all rescheduled regular meetings, and all
reconvened meetings at least forty-eight hours prior to such meetings. Notice shall
not be required of any reconvened meeting, if the meeting is to reconvene within
twenty -four hours or if the time of reconvening is announced at the original
meeting and there is no change in the agenda.
C. Changes in Schedule. The Village Clerk shall give notice of any change in
the regular meeting dates of the Corporate Authorities prior to the first meeting
held under the changed schedule. In addition to the notice required under
subsection D. of this section, the Clerk shall publish the notice of change in
schedule in a newspaper of general circulation in the Village.
D. All notices required under this section shall be given to any news medium
that has filed an annual request for such notice and shall be posted on the
Village's website pursuant to the Illinois Open Meetings Act ( "Act").
E. The Corporate Authorities shall comply with the minimum notice
requirements of the Act. The Village Clerk shall give any additional notices, and
shall comply with any additional requirements of the Act, as may be provided in
addition to the requirements of this section.
2.02.050 All meetings open.
A. Open Meetings. All meetings of the Corporate Authorities, including
meetings of the committee of the whole or other committees shall be open to the
public, except for executive sessions held in accordance with subsection B. of this
section and the Act.
B. Executive Sessions. Executive sessions closed to the public may be held only
in connection with those subjects exempt from public meetings or authorized for
closed sessions under the Act. No executive session may be held unless the
Corporate Authorities by motion determine to hold such session. The committee
of the whole may move to hold its proceedings in executive session whenever
appropriate subjects are to be considered, but the motion must be made in a public
meeting.
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C. Debate on Executive Sessions. Whenever a matter appropriate for
consideration in an executive session is requested to be taken up in an executive
session by the Village Manager, by any member of the Corporate Authorities, by
the Village Attorney, or by any person affected by the matter to be considered, the
Corporate Authorities shall consider the request.
Pending a decision by the Corporate Authorities whether to hold an executive
session as requested, or at a later time, or whether to consider the matter in an
open meeting, the members of the Corporate Authorities shall refrain from public
discussion of the substance of the matter. Any subject matter committed to
executive session shall be confidential. No public disclosure of the Corporate
Authority's discussions held or any decisions made in executive session shall be
made until the matter is made public by announcement, publication or official
action by or at the direction of the Corporate Authorities or the Village Manager.
D. A motion to go into executive session may be made at any time during an
open meeting of the Corporate Authorities, whether or not an executive session
has been scheduled on the agenda, but shall be out of order if the subject matter is
not eligible to be considered at an executive session pursuant to the Act.
2.02.060 Order of business.
A. Standing Orders. The standing order of business for all regular meetings of
the Corporate Authorities shall be:
1. Call to order;
2. Pledge of allegiance;
3. Roll call for attendance;
4. Approval of the minutes of the previous meetings;
5. Approval of Warrant;
6. Village President's Report;
7. Village Manager's Report;
8. Questions from the Audience;
9. Special Business;
10. Reports from Trustees;
11. Consent Agenda;
12. Ordinances and Resolutions;
13. Unfinished Business;
14. New Business;
15. Executive session;
16. Action on executive session items, if required;
17. Adjournment.
B. Procedure. All items of business shall be considered in the order in which
they are listed on the agenda, and all orders of business shall be taken up in the
standing order. The order of business may be changed, or an item taken up before
its place on the agenda at the discretion of the Village President.
2.02.070 Subjects of orders of business.
The following restrictions shall apply to the orders of business indicated:
A. Questions from the Audience.
1. For non - agenda items, members of the general public may address the
Corporate Authorities with concerns or comments regarding issues that are
F
relevant to Village business. Issues that are not relevant to Village business shall
not be allowed and shall not include any disrespectful remarks or comments
relating to individuals. All members of the public addressing the Corporate
Authorities shall, at all times, maintain proper decorum. All public comment shall
be addressed to the Corporate Authorities as a whole, and no comments shall be
addressed to individual members of the Corporate Authorities, Village staff or
other members of the public. Speakers shall use every attempt to not be repetitive
of points that have been made by others. Individual citizens may be allotted up to
ten minutes as determined by the Village President to present their points unless
in the Village President's discretion more time is allotted..
2. Debate or general discussion by the Corporate Authorities on any matters
raised during Questions from the Audience shall only be as allowed by the
Village President. The Corporate Authorities may refer any matter of public
comment to the Village Manager, Village staff, or an appropriate agency for
review, or may place the matter on a subsequent agenda for discussion.
3. For agenda items, comments may be made during the agenda item, when
recognized by the Village President. Individual citizens may be allotted up to five
minutes by the Village President to present their points unless a longer time is
approved by the Village President.
B. Reports from Trustees. Trustee reports shall generally be limited to
reporting on committees or commissions or announcements or comments of
general community interest. In the event that a Trustee has an issue to present
that is not on the agenda, or requests action on a matter, he or she shall do so
under New Business subject to the requirements of this Chapter. The Village
President can direct that Trustee matters be heard under New Business. Trustee
reports shall be limited to ten minutes unless otherwise approved by the Village
President.
C. New Business. In the event that the Village President or a Trustee brings up
a topic or issues for new business, he or she shall be limited to a maximum of five
minutes for presentation of the item of new business and to make any motion to
put the item on a future agenda. In the event that any such motion is seconded and
passed, the item can be placed on a future agenda. Discussion on such a motion to
put the issue on a future agenda shall be limited to five minutes for each Trustee
desiring to speak. No action shall be taken on any issue that is brought up other
than placing it on a future agenda. In the event there is no motion to place the item
on a future agenda, any comments by other Trustees on the topic shall be limited
to a maximum of five minutes.
2.02.080 Agenda.
A. Contents. The agenda for a meeting shall contain all of the items of business
to be considered by the Corporate Authorities at such meeting. No final action
shall be taken on any item which is not properly on the agenda. The agenda shall
contain all items of business under the proper order of business.
B. Preparation. The agenda shall be prepared under the direction of the Village
Manager, and shall include such matters as the Manager or Village President shall
determine, matters previously set by the Corporate Authorities for the particular
meeting, including matters postponed to such date, and matters requested by at
least two Trustees.
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C. Supplemental Agendas. The Manager may, at his discretion, and shall at the
request of the Village President or any two Trustees, issue a supplemental agenda
no later than the Friday preceding the regular meeting. Supplemental agendas
shall be distributed with all necessary materials to be considered at the meeting.
D. Distribution of Agendas. As soon as the final agenda is issued for any
meeting of the Corporate Authorities, it shall be posted in a public place in the
Village Hall, distributed to the members of the Corporate Authorities and to all
Village departments, and made available to the public. Copies of the agenda shall
also be available to the public at the meeting.
E. Committee of the whole agendas. All committee of the whole agendas shall
be prepared and distributed and shall have the same effect as herein provided for
agendas of regular meetings of the Corporate Authorities. Committee of the whole
agendas may be issued up to forty-eight hours before the meeting.
2.02.090 Consent agenda.
A consent agenda shall be prepared under the direction of the Village Manager,
and shall include such matters as the Manager shall determine are routine. All
items listed on the consent agenda will be enacted by one motion and one vote,
which shall he a roll call vote. No separate discussion of any items listed on the
consent agenda will occur unless the Village President, a Trustee, or a citizen so
requests, in which event the item will be removed from the consent agenda and
considered individually after all other items of business on the regular agenda
under new business.
2.02.100 Changes to agenda.
A. Removal. Any matter included on an agenda may be removed from the
agenda by the Corporate Authorities. Such motion shall be in order at any time
the item is before the meeting. Removal of an item from the agenda shall not
affect its subsequent inclusion on a later agenda.
B. Additions. Any matter not included on an agenda or a supplemental agenda
for a meeting may be added by a majority vote of the Corporate Authorities. Any
added matter shall only be for discussion purposes; no final action may be taken
by the Corporate Authorities on any matter not on the published agenda.
2.02.110 Ordinances — Resolutions.
A. Ordinances. No ordinance shall be considered by the Corporate Authorities
until it has been reviewed by the Village Manager and approved as to form by the
Village Attorney.
B. Resolutions. No resolution shall be considered unless it has been reduced to
writing and reviewed by the Village Manager and approved as to form by the
Village Attorney.
C. Amendment. Any ordinance, resolution or contract may be amended, or
blanks therein filled, upon motion adopted by the Corporate Authorities at any
time before final passage.
D. Reading. No ordinance, resolution or contract need be read at large prior to
consideration or action by the Corporate Authorities.
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2.02.120 Ordinances amending the Buffalo Grove Municipal Code.
A. An ordinance which proposes to amend the text of any existing section of the
Buffalo Grove Municipal Code shall set forth the entire existing text of such
section, and shall indicate the changes to be made in such section by underscoring
new text to be added thereto, and by lining through an existing text to be deleted
or repealed by the amendatory ordinance.
B. Whenever an entirely new section is to be added to the Buffalo Grove
Municipal Code, the amendatory ordinance so proposing may indicate such intent
by bracketing the entire text of the proposed section, in lieu of underlining its text.
C. Whenever an ordinance proposes to repeal an entire section of the Buffalo
Grove Municipal Code, or to re- section an existing section with another section
number, the amendatory ordinance so proposing need not reproduce the text of
such section nor show such text as deleted.
D. In any ordinance amending the Buffalo Grove Municipal Code, if any
existing text of any existing section being amended therein is not set out, and is
not shown in the amendatory ordinance as being deleted or repealed, then such
omitted text shall remain as part of the Buffalo Grove Municipal Code the same
as if such amendatory ordinance had not been passed.
E. The requirements of this section shall not apply to any ordinance which
contains entirely new matter, and which does not by its terms amend, add to, or
repeal provisions of the Buffalo Grove Municipal Code.
F. Ordinances of the Village of Buffalo Grove shall be construed in accordance
with the drafting requirements imposed by this section. Failure of any ordinance
hereafter to comply with the requirements of this section shall not invalidate such
ordinance.
2.02.130 Minutes.
A. Procedure -- Clerk. The Village Clerk shall keep draft minutes of all official
meetings of the Corporate Authorities, which shall be reduced to writing and
submitted to the next regular meeting for correction and approval. Unless directed
by the Corporate Authorities, the minutes shall not be read prior to adoption. Any
person may rise to point out errors or omissions in the draft, and additions and
corrections shall be made prior to adoption upon motion by any Trustee or at the
request of the Clerk. The minutes as approved shall constitute the official journal
of the proceedings of the Corporate Authorities.
B. Contents. The minutes shall include all motions made and all actions taken
by the Corporate Authorities, including the maker and seconder, and shall indicate
all matters taken up, even when no action is taken. All roll call votes shall be
recorded, and voice votes so indicated. All persons presenting matters or speaking
to any item shall be indicated. All rulings shall be noted. Summaries of points
made and discussions shall be included at the direction of the Corporate
Authorities. Any member of the Corporate Authorities may dissent from any
action taken and have the reasons therefor included in the minutes.
C. Subsequent Additions and Corrections. If any errors or omissions are
discovered in minutes previously approved, such minutes may be corrected by a
written correction thereto adopted by a majority of the Corporate Authorities. The
Clerk shall distribute to the members of the Corporate Authorities a statement of
the correction and the reason therefor. It shall not be necessary to reconsider the
8
approval- of the minutes previously adopted. However, no minutes shall be
corrected so as to indicate a change in the result of any vote on any ordinance,
budget or expenditure item, or contract approval, from the result announced by
the Village President at the meeting.
2.02.140 Debate and discussion.
A. Discussion. All items of business on the agenda of a meeting shall be open
for discussion and debate by the Corporate Authorities upon being called by the
Village President. Upon the sole discretion of the Village President, the Village
President may call upon Village staff to discuss, debate, or provide information
relating to any and all items of business on the meetings agenda.
B. Previous Question. Whenever a motion is pending, debate shall be closed by
the Village President when the issue is exhausted or the points raised become
repetitious or dilatory. Any Trustee may move the previous question at any time,
and if carried by a two- thirds vote, such motion shall terminate all discussion and
debate. A motion to move the previous question is not debatable.
C. No person shall speak unless recognized by the Village President. All
discussion and debate shall be courteous, respectful, and to the point. Remarks
shall be addressed to the Village President.
2.02.150 Motions to table, defer, or remove from agenda.
A. Tabling. A motion to table shall dispose of an item of business, which shall
not again be considered until the item is removed from the table. Tabling of a
specific proposal shall not, however, preclude future consideration of a similar,
but substantively different, proposal as a different item. Tabling of a subject
matter shall bar the entire subject from any future consideration until removed
from the table by action of the Corporate Authorities.
B. Removing from Table. No matter may be removed from the table except
upon motion adopted by a majority vote of the Corporate Authorities. No matter
which is not on the agenda of a meeting may be removed from the table except by
motion adopted by a majority vote of the Corporate Authorities then present. No
matter previously tabled may be added to the agenda during the same meeting it is
to be considered for passage or adoption.
C. Defer. A motion to defer consideration shall defer all consideration of an item
until a later time, date or the occurrence of an event.
D. Remove. A motion to remove from agenda shall terminate all consideration
of the item at the meeting, and shall not direct or imply any direction with regard
to consideration at any future meeting.
2.02.160 Practice -- Generally.
A. Motions. No motion shall be put to a vote unless it is seconded. Neither the
maker nor seconder of a motion shall be required to vote in favor of the motion.
B. Withdrawal of Motions -- Seconds. The maker of a motion may withdraw it
any time before the commencement of the vote, without the approval of the
seconder. The seconder may thereupon renew the motion and seek a new
seconder; if the seconder does not renew the motion, any other Trustee may then
do so. A seconder of a motion may withdraw his second at any time before the
commencement of the vote.
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C. Amendment of Motions. The maker of a motion may amend his motion,
with the concurrence of the seconder, at any time prior to the commencement of
the vote.
D. Motions to Amend and to Fill Blanks.
1. A motion to amend an amendment shall be in order, but one to amend an
amendment to an amendment shall not be entertained.
2 An amendment modifying the intention of a proposition shall be in order; but
an amendment not germane to the subject of the pending proposition shall not be
in order.
3. On an amendment to "strike out and insert," the paragraph to be amended
shall first be read as it stands, then the words proposed to be stricken out, then
those to be inserted, and finally the paragraph as it will stand if so amended shall
be read.
E. Division of Questions. A question which is divisible shall be divided upon a
motion to divide adopted by the Corporate Authorities, and not otherwise. A
question shall be divisible only if it contains more than one distinct proposition,
and only if all of the divided propositions are each capable of complete and
independent adoption or passage. However, no ordinance shall be divisible.
F. Motion to Substitute. A substitute for any original proposition under debate
or for any pending amendment to such proposition may be entertained by motion.
If accepted by the Corporate Authorities by majority vote, the substitute motion
shall entirely supersede such original proposition or amendment, as the case may
be.
G. Reconsideration.
1. A vote or question may be reconsidered at any time during the same meeting,
or at the first regular meeting held thereafter. A vote or question may be
reconsidered or a matter rescinded at a special meeting held prior to the next
regular meeting but only if there are present at such special meeting as many
members of the Corporate Authorities as were present when the original vote was
taken. Where a motion to reconsider is made at the same meeting as the passage
of the original motion it may be postponed to a later date certain.
2. A motion for reconsideration having been made and decided in the negative or
tooled shall not be renewed, nor shall a motion to reconsder be reconsidered.
3. A motion to reconsider must be made by a Trustee who voted on the
prevailing side of the question to be reconsidered. Any Trustee may second a
motion to reconsider. Any vote upon a motion to reconsider a shall be by roll call
vote.
H. Rescinding and Repeal. No resolution or other written proposition shall be
subsequently rescinded except by adoption of a written resolution or other written
proposition. No ordinance or provision of an ordinance shall be repealed except
by a subsequent ordinance which expressly and specifically affects such repeal.
No ordinance shall be construed to repeal any previous ordinance by implication,
notwithstanding any inconsistency or conflict between them; in such cases, the
subsequent ordinance shall supersede the prior ordinance and shall govern those
situations to which it is applicable to the extent of such conflict or inconsistency,
and the prior ordinance provisions shall remain applicable to all other situations,
circumstances and applications as to which it has not been superseded.
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2.02.170 Voting procedure.
A. Roll Call Votes. A roll call vote by ayes and nays shall be taken on any
motion:
1. To pass ordinances, approve contracts, authorize expenditures, adopt or
amend the budget, or waive competitive bidding;
2. Which any majority greater than a simple majority of the members of the
Corporate Authorities present is required;
3. Required by State law to be by record vote;
4. To reconsider a roll call vote or to pass, adopt or approve any ordinance,
resolution or motion over the veto of the president;
5. To appeal the ruling of the chair;
6. At the request of any member of the Corporate Authorities.
B. Putting the Question. The Village President shall put the question on all
votes. The question shall not be restated or read by the Clerk unless directed by
the Village President or requested by a Trustee.
C. Voting. Each Trustee shall vote in the order of their seniority on the Village
Board. The Village President, when authorized to vote, shall always vote last.
When the Clerk calls on a member to vote, the member of the Corporate
Authorities may take one minute to explain his or her reasons. Any Trustee may
change his or her vote until the Clerk announces the tally, which shall be
announced as soon as the tally is complete unless a member is recognized to
change their vote. Every Trustee shall vote aye or nay on every roll call, and shall
not abstain unless he or she declares a conflict of interest, as defined under State
law or the Village ordinances. A Trustee who does not vote, or who requests an
abstention without announcing a de jure conflict of interest, or who votes "pass"
or "present" shall be recorded, at the conclusion of the roll call, voting with the
majority on the particular question.
D. Effect of Not Voting. Except for instances of de jure conflicts of interest, and
except for a motion to appeal the ruling of the Village President, failure or refusal
to vote by a Trustee in attendance shall constitute concurrence in the vote of the
majority who did vote on the question involved.
E. The passage of any resolution or motion: (1) not creating any liability against
the Village; or (2) not for the expenditure or appropriation of its money; or (3)
any other matter not required by statute or by Village ordinance to receive any
particular vote shall require the concurrence of a majority of all members of the
Corporate Authorities present. The Village President shall not vote on any such
resolution or motion except the following: (a) where the vote of the Trustees has
resulted in a tie; or (b) where one -half of the Trustees present have voted in favor
of the resolution or motion even though there is no tie vote.
F. The Village President shall announce the result of every vote, whereupon no
further discussion, debate, or explanation of votes shall be in order on the
question voted, except on a motion to reconsider, made and seconded.
2.02.180 Finance Committee
A. The Village of Buffalo Grove Finance Committee is an advisory body to the
Corporate Authorities. The Finance Committee shall meet when called and shall
study and make recommendations of specific matters related to the financial and
fiscal performance of the Village as well as issues as assigned or as they occur
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that may have a fiscal impact on the Village. Meetings of the Finance Committee
are open to other members of the Corporate Authorities.
B. The Finance Committee shall consist of the Village President, Village
Treasurer, Finance Portfolio Trustee, Village Manager and the Village's Director
of Finance & General Services.
2.02.190 General rules and decorum.
A. The Village President shall decide all questions of order, and in all cases
where these rules are not applicable, the Corporate Authorities shall be governed
by parliamentary law as set forth in Robert's Rules of Order Newly Revised, latest
edition.
B. Trustees discussing a question or item shall address the Village President, and
no Trustee shall proceed with his or her remarks until recognized and named by
the Village President. He or she shall confine themselves to the questions under
debate avoiding personalities and refrain from impugning the motives of any
other member's argument or vote.
C. The Village President may designate the maximum amount of time which
may be devoted to the debate or discussion on any matter of business appearing
on the agenda or any item that is raised by a Trustee or by staff or by any other
person coming before the Board unless otherwise specifically set forth herein.
Before discussion may continue beyond the designated time a majority of the
Trustees present must first agree to continue the debate for a specific additional
amount of time. A motion to continue the debate shall be non - debatable.
D. The Village President shall maintain order and decorum at all times during
meetings of the Corporate Authorities. The Village President shall call to order
any Trustee who transgresses these rules, and shall admonish all other persons
who do not abide by these rules or the Village ordinances.
E. No person shall interrupt the person who has the floor, except the Village
President.
F. No member shall speak more than twice on any agenda item that was on the
published agenda, unless the Village President permits additional comments for
an amount of time determined by the Village President. No member shall speak
longer than ten minutes at any one time, and not again until every other member
desiring to speak shall have had an opportunity to do so.
G. While a member is speaking, no member shall disturb the meeting or hamper
the transaction of business. Members shall refrain from openly sending or
receiving text messages during the meeting. Member's cell phones and similar
devices shall be kept on "silent" and off the dais so as to not be distractive to
either the public or the Corporative Authorities.
H. A member when called to order by the Village President shall thereupon
discontinue speaking and the order or ruling of the Village President shall be
binding and conclusive, subject only to the right of appeal. Any member may
appeal to the Board of Trustees from a ruling of the Village President pursuant to
Section 2.02.200.
I. Any member acting or appearing in a lewd or disgraceful manner, or who uses
abusive, disrespectful or disgraceful, obscene or insulting language to or about
any member of the Board of Trustees or a member of staff, or who does not obey
the order of the Village President, or persists in disorderly, disruptive conduct
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shall be, on motion, censured by a majority vote of the members present. Any
member who interferes with the orderly conduct of the meeting or who persists in
disorderly, disruptive conduct may be expelled from the meeting by a two- thirds
vote of all members elected.
J. The Village President shall eject from the meeting any person, other than an
elected official, who interferes with the orderly conduct of the meeting or who
persists in disorderly, disruptive conduct and may call on any officer of the police
department for assistance.
K.1. Meetings of the Corporate Authorities may be sound recorded,
photographed, filmed or televised by representatives of any news medium, as
defined in Section 8 -902 of the Illinois Code of Civil Procedure (735 ILCS 5/8-
902), as now or hereafter amended, or as may otherwise be authorized under the
Illinois Open Meetings Act.
2. However, no flashbulbs, flood lights or similar lighting may be used during
meetings of the Corporate Authorities without the approval of the Village
President. No person may disrupt a meeting or interfere with the orderly
communication among or the unobstructed vision of the participants in the
meeting, or of the general public in attendance.
3. Photographic and television equipment may be restricted by the Village
President to designated areas of the room in which a meeting is being conducted,
but such area must have a clear view of the proceedings.
4. No person shall take photographs or make other visual recordings of any
meeting until he or she has informed the Village President of such intent.
L. Whenever the Corporate Authorities sits as a tribunal or conducts a hearing at
which witnesses are to testify, and a witness asserts the right under state or federal
law to refuse to testify if the proceedings are to be broadcast, televised or
photographed, the Village President shall direct that all such photographing,
broadcasting and televising cease during the testimony of the witness, and the
Village President shall enforce such order by all lawful means.
M. When preparing for any meeting of the Corporate Authorities, members
should, to the greatest extent possible, direct questions ahead of time to the
Village Manager, or designee, so that staff can provide the desired information at
the Corporate Authorities meeting.
2.02.200 Appeals.
Any Trustee may appeal from a ruling of the Village President. If the appeal is
seconded, only the Trustee moving the appeal may speak to the motion, but the
Village President may explain his ruling. Otherwise there shall be no discussion
or debate. The Village President shall put the question: "Shall the decision of the
Chair be sustained ?" If a majority of the members present vote "no," the decision
of the Chair shall be overruled; otherwise, it shall be sustained.
2.02.210 Suspension of rules.
The rules of order of the Corporate Authorities may be suspended by motion
adopted by a two- thirds vote of the Corporate Authorities then holding office,
except that any suspension of a rule or procedure requiring a greater vote shall
require that same vote. However, no requirement or procedure imposed by any
State law which is a limitation on municipal home rule units may be suspended.
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Any such motion must specify the matters to which the suspension applies. No
suspension of the rules of procedure shall extend beyond the meeting at which the
motion is made.
2.02.220 Rules of order.
The rules of order of the Corporate Authorities of the Village of Buffalo Grove
shall consist of the provisions of this Chapter and, except where inconsistent or in
conflict with this Chapter or with Illinois law, the provisions of Robert's Rules of
Order Newly Revised, latest edition, to the extent otherwise applicable.
Section 3. If any section, paragraph, clause or provision of this
Ordinance shall be held invalid, the invalidity thereof shall not affect any other
provision of this Ordinance.
Section 4. This Ordinance shall be effective upon its passage,
approval and publication. This Ordinance may be published in pamphlet form
AYES: 4 — Braiman, Glover, Trilling, Sussman
NAPES: 1 — Stone PRESENT: 1 - Berman
PASSED: May 3 2010.
APPROVED: May 3 2010.
PUBLISHED: May 3 2010.
ATTEST:
L-Village Clerk
F: \docs \clients\ 103\ 1001 \ORD \00073103.DOC
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APPROVED:
Village President
r