Loading...
2024-12-02 - Ordinance 2024-0111 - AMENDING SECTION 2.49 OF THE MUNICIPAL CODE – ORDER OF PROCEEDINGS i �� �i_ ORDINANCE 2024-011l BUFFRLsJ AN ORDINANCE AMENDINC SECTION 2.49 OF THE MUNICIPAL CODE - ORDER OF ��VE PROCEEDINGS WHEREAS the Village of Buffalo Grove is a home rule unit pursuant to the Illinois Constitution of1970; and WHEREAS in accordance with the Illinois Governmental Ethics Act the Village has established an Ethics Commission; and WHEREAS under the powers and duties of the Ethics Commission as enumerated in Section 2.49 of the Municipal Code, the Ethics Commission may conduct hearings upon referral of a complaint. NOW THEREFORE 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. The foregoing recitals are hereby adopted and incorporated and made a part of this Ordinance as if fully set forth herein. SECTION 2. Section 2.49.060.G be and is hereby amended to reflect the changes attached hereto in Exhibit A. 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 in full force and effect from and after its passage and approval and shall be codified. AYES: 6-Johnson, Cesario. Ottenheimer, Stein, Bocek, Weidenfeld NAYES: 0- None ABSENT: 0- None PASSED: December 2, 2024 APPROVED: December 2, 2024 PUBLISHED: December 4. 2024 ATTEST:�_ .: � � _ APPROVED: - - . �� = _i-�{...,r� �� Jan l . Sira�i'�n, Vifag��lerk Eric N. Smi ,Village President - Page 1 of 1 smart.with heart. 50 Raupp Blvd, Buffalo Grove, IL 60089 � 847-459-25001 vbg.org EXHIBITA—Amendmentto Section 2.49.060 https://library.municode.comfit/buffalo�rove/codes/code_of_ordina_nces?nodeid=TIT2AD P_E_CH2.49STOFEMETAC IIETC.O_2.49._06000PR 2.49.060-Complaints and procedures. A. Any person may file a written complaint of an alleged viotation of this Chapter with the Village Clerk.The written complaint shall include the following information: (i)the complaint shall set forth the date or time period when the alleged violation occurred; (ii) the complaint shall describe in detail the act or acts complained of and provide a list of witnesses to the act or acts; (iii)the complaint shall contain the complainant's home address, business tetephone number and personal telephone number; and (iv)the complaint shall be signed by the complainant and notarized. B. Within three business days after the receipt of a complaint,the Village Clerk shall send by certified mail, return receipt requested or by personal delivery service, a notice to the respondent that a complaint has been filed against him or her and a copy of the complaint. Within three business days after the receipt of a complaint,the Village Clerk shall send by certified mail, return receipt requested or by personal delivery service, a confirmation of the receipt of the complaint to the complainant.A copy of the complaint shall be forwarded to the Village President and the Village Manager. C. The respondent shall have ten business days after receipt of the comptaint to file a written response thereto.The response shall be served upon the Village Clerk. In the event a written response is not filed within said ten business days,then it shall be assumed that the allegations in the complaint are denied generatly.A copy of the response shall be forwarded to the Village President and the Village Manager. D. The Corporate Authorities shall meet within thirty calendar days after receipt by the Village Clerk of the complaint and any response thereto.The Corporate Authorities shall consider the allegations of the complaint and response thereto and shall, by majority vote, either dismiss the complaint as being unfounded, or refer the complaint and response to the Ethics Commission for investigation and recommendation. E. EXHIBITA—Amendment to Section 2.49.060 Within five business days after receipt of the referral from the Corporate Authorities the Commission shall meet to review the complaint and shatl schedule a hearing date on the complaint and any response thereto within thirty calendar days after the date of said meeting.The Commission shatl send notice of the hearing date by certified mail, return receipt requested or by a personal delivery service to the complainant and the respondent which notice shall set forth the date,time and place of the hearing. F. Upon setting the hearing date the Commission shall notify in writing the attorney designated by the Corporate Authorities to prosecute such actions and shall transmit to the attorney a copy of the complaint, any response thereto and all additional documents in the custody of the Commission concerning the alleged viotation. G. On the scheduled date and upon at least five business days public notice of the meeting, the Commission shall conduct a hearing on the complaint and shall allow both parties the opportunity to present testimony and evidence.The complainant and the respondent shall have the right to engage in discovery, call witnesses and cross examine witnesses.The formal and technical rutes of evidence shall not apply at the hearing. Evidence, including hearsay, may be admitted only if it is of a type commonly relied upon by a reasonably prudent person in the conduct of their affairs. In addit_ion, on the first day of anv such hearin the Commission may enter an_order of�roceedin s containing the contents_of#his par_a ra _h G as well as other procedu[al rules overning the hearing. H. Within thirty calendar days after the date of the hearing or any recessed hearing is concluded,the Commission shall either(i)dismiss the complaint or(ii) issue its findings and recommendation to the Corporate Authorities. I. The Corporate Authorities, upon receipt and review of the findings and recommendations of the Commission may accept or reject the recommendation of the Commission or may remand the matter to the Commission for further proceedings. If the Corporate Authorities determine that a violation of this Chapter has occurred then they may take the appropriate corrective and/or disciplinary action against the respondent.The Corporate Authorities, as appropriate to the case, may also direct that appropriate administrative or legal proceedings be instituted for the purpose of imposing fines and/or removal of the appointed official or employee from office provided that the Corporate Authorities may not EXHI BIT A-Amendment to Section 2.49.060 remove an etected officer from office.Any discipline provided for under this Chapter shall comply with any collective bargaining agreement applicabte to the respondent. J. A complaint alleging a violation of this Chapter must be filed within one year after the alleged violation. (Ord. No. 2023-157, § 1(Exh.A), 12-4-2023)