2023-12-04 - Ordinance 2023-158 - AMENDING TITLE 1 OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WITH REGARD TO CONFLICTS WITH CERTAIN HOME RULE COUNTY ORDINANCES (COOK COUNTY MINIMUM WAGE, PAID SICK LEAVE AND PAID LEAVE ORDINANCES) ORDINANCE NO.2023-158
AN ORDINANCE AMENDING TITLE 1 OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WITH
REGARD TO CONFLICTS WITH CERTAIN HOME RULE COUNTY ORDINANCES(COOK COUNTY MINIMUM i
WAGE,PAID SICK LEAVE AND PAID LEAVE ORDINANCE51 I
WHEREAS,the Village of Buffalo Grove ("Village"),as a home rule unit of local government as
provided by Article VII,Section 6 of the Illinois Constitution of 1970, has the authority to exercise
any power and perform any function pertaining to its government and affairs except as limited by
Article VII,Section 6 of the Illinois Constitution of 1970; and
WHEREAS,on October 5,2016,the County of Cook Board of Commissioners adopted
Ordinance 16-5768,entitled "An Ordinance Establishing Earned Sick Leave For Employees In Cook
County,"that requires private employers in Cook County to provide a minimum number of paid
sick days to employees;and
WHEREAS,on October 26,2016,the County of Cook Board of Commissioners adopted
Ordinance 16-4229,entitled "An Ordinance Creating A Minimum Wage In Cook County," requiring
a minimum wage to be paid by private employers in Cook County;and
WHERAS,on May 15,2017,the Village adopted Ordinance 2017-021 opting out of Cook
County Ordinances 16-5768 and 16-4229;and
WHEREAS,the County of Cook Board of Commissioners is considering Ordinance 23-5468,
known as the Cook County Paid Leave Ordinance;and
WHEREAS,Article VII,Section 6(c)of the Illinois Constitution provides that if"a home rule
county ordinance conflicts with an ordinance of a municipality,the municipal ordinance shall
prevail within its jurisdiction;" and �
WHEREAS,the Village finds that Cook County Ordinances 16-5768, 16-4229 and proposed
ordinance 23-5468 and any additional Ordinances involving that subject matter place an undue and
unequal burden on employers within the Village given the current requirements for employers
under Federal and State law,and Cook County Ordinances 16-5768, 16-4229 and proposed
ordinance 23-5468 create and contribute to a burdensome patchwork quilt of regulation regarding
the wages and benefits of employees that is outside the power of Cook County to regulate. In
addition,said ordinances are likely to create confusion and an unlevel playing field as the Village is
located in both Cook and Lake Counties; and
WHEREAS,pursuant to its authority under Article VII,Section 6(c)of the Illinois Constitution,
the Village finds it in the best interest of the Village,Village residents,Village employers,and the
public's health,safety and welfare to amend the Buffalo Grove Municipal Code to clearly define the
sick leave,minimum wage regulations and paid leave that apply to employers located in the Village.
NOW THERFORE BE IT ORDAINED by the President and Board of Trustees of the Village of
Buffalo Grove,Cook and Lake Counties, Illinois,as follows:
SECTION 1: That the recitals above shall be and are hereby incorporated in this Section 1 as if restated
herein.
SECTION 2: That Title 1 of the Buffalo Grove Municipal Code is hereby amended by adding a new
Chapter 1.20,entitled "Conflicts With Certain Home Rule County Ordinances,"which shall read in its
entirety as follows:
CHAPTER 1.20-CONFLICTS WITH CERTAIN HOME RULE COUNTY ORDINANCES
1.20.010-Payment of minimum hourly wages, paid sick leave and paid leave.
A. Employers located within the Village shall comply with all applicable Federal and/or State
laws and regulations as such laws and regulations may exist from time to time with
regard to both the payment of minimum hourly wages, paid sick leave and paid leave.
Employee eligibility for paid sick leave,minimum hourly wages and paid leave shall be in
compliance with all applicable Federal and/or State laws and regulations as such laws
and regulations may exist from time to time.
B. No additional obligations with regard to paid sick leave, paid leave or minimum hourly
wages imposed by any ordinance adopted by the County of Cook Board of
Commissioners shall apply to any employer located within the Village or the Village,and
the Village opts out of any such ordinance(s)adopted by the County of Cook Board of
Commissioners,and this ordinance of the Village conflicts with any such ordinance(s)
adopted by the County of Cook Board of Commissioners that imposes additional
obligations with regard to paid sick leave,minimum hourly wages or paid leave,
including, but not limited to,Ordinances 16-5768, 16-4229 and/or 23-5468.
C. For the purposes of this Section,the term "employee" means an individual permitted to
work by an employer regardless of the number of persons the employer employs,and
the term"employer" means any person employing one (1)or more employees,or
seeking to employ one(1)or more employees,if the person has its principal place of
business within the Village or does business within the Village.
D. For the purposes of this Section,the term "employer"does not mean:
1. The government of the United States or a corporation wholly owned by the
government of the United States;
2. An Indian tribe or a corporation wholly owned by an Indian tribe;
3. The government of the State or any agency or department thereof;or
4. The Village.
SECTION 3: That all ordinances,or parts of ordinances in conflict with this Ordinance,are hereby
expressly repealed.
SECTION 4: Each section, paragraph,clause and provision of this Ordinance is separable,and if any
section, paragraph,clause or provision of this Ordinance shall be held unconstitutional or invalid for
any reason,the unconstitutionality or invalidity of such section, paragraph,clause or provision shall
not affect the remainder of this Ordinance, nor any part thereof,other than that part affected by such
decision.
SECTION 5: This Ordinance shall be in full force and effect after its passage,approval and publication
in pamphlet form as provided by law.
AYES: 6—Johnson,Cesario,Ottenheimer,Stein, Bocek,Weidenfeld
NAYES: 0-None
ABSENT: 0-None
PASSED: December 4,2023
APPROVED: December 4.2023 �
PUBLISHED: December 5. 2023
ATfEST: APPROVE '
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Janet . rabian,Village Clerk Eric N.Smith,Vi 'ge President
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