HomeMy WebLinkAboutPacket - 09/20/2021 - City CouncilThe City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in
a customer-oriented, efficient, and fiscally responsible manner.
AGENDA
REGULAR CITY COUNCIL MEETING
Monday, September 20, 2021, 7:00 p.m.
City Council Chambers, 333 S Green St, McHenry, IL 60050
In light of the current COVID-19 public health emergency, this meeting will be held remotely only.
The public can observe and participate by connecting online via Zoom at
https://cityofmchenry.zoom.us/j/82968252059
Or by phone at 312-626-6799, Meeting ID 829 6825 2059
1.Call to Order.
2.Roll Call.
1.Pledge of Allegiance.
2.Public Comments:
3. Consent Agenda. Motion to Approve the following Consent Agenda Items:
A.Resolution Designating October 1, 2021 as National Manufacturing Day in the City of McHenry;
(Economic Development Director Martin)
B.Ordinance Fully Amending and Restating the City of McHenry’s Personnel Policy and Manual;
(Human Resources Director Campanella)
C.Waiving of the competitive bidding process and award of a contract purchase order in the amount
of $49,000.00 to Robert H. Ward & Associates for sprayed concrete curb repairs; (Public Works
Director Strange)
D.Award of a contract to Insituform Technologies USA, LLC for the 2021-2022 Sanitary Sewer
Lining Program in an amount of $190,881.60; (Public Works Director Strange)
E.The minutes of the Public Works Committee meeting from July 26, 2021; the Parks & Rec
Committee meeting from December 17, 2018; the Finance & Personnel Committee meeting from
August 23, 2021; and the Community Development Committee meeting from February 26, 2021;
with the understanding that the majority of the Council members were not present at these
meetings to verify the accuracy of the minutes;
F.Parks & Recreation Facilities & Special Use permit requests; (Parks & Recreation Director
Hobson)
G.Ordinance Authorizing the Purchase of and Accepting the Real Estate Contract for 1209 Green
Street, McHenry, Illinois, Between McHenry Savings Bank and the City of McHenry;
H.August 30, 2021 City Council Meeting Minutes;
I.Issuance of Checks in the amount of $714,770.03;
J.Issuance of As Needed Checks in the amount of $367,372.15.
4. Individual Action Item Agenda.
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5.Discussion Items.
A.Update with request for input and direction regarding extension of Riverwalk from Elm
Street/Route 120 north to Webers Park. (Parks & Recreation Director Hobson)
B.Conceptual Presentation for Cunat Apartments. (Community Development Director Polerecky)
C.Water and Sewer Base Fees continued discussion and City Council direction. (Public Works
Director Strange)
6.Executive Session to discuss the purchase or lease of real property for the use of the public body,
including meetings held for the purpose of discussing whether a particular parcel should be acquired
(5 ILCS 120/2(c)(5).)
7.Staff Reports.
A.September 20, 2021 Staff Report Provided.
8. Mayor’s Report.
9.City Council Comments.
10. Adjourn.
The complete City Council packet is available for review online via the City website at www.cityofmchenry.org. For further
information, please contact the Office of the City Administrator at 815-363-2108.
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Economic Development Department
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2110
www.cityofmchenry.org
CONSENT AGENDA SUPPLEMENT
TO: Mayor and City Council
FROM: Douglas Martin, Director of Economic Development
FOR: September 20, 2021
RE: Resolution designating the Importance of Manufacturing to our community and
designating October 1, 2021 as National Manufacturing Day in the City of
McHenry
ATT: 1.Resolution designating the Importance of manufacturing to our
community and designating October 1, 2021 as National Manufacturing
Day in the City of McHenry
2.Manufacturing, Trades and Industry Expo Flyer
Attached is a resolution designating October 1, 2021 National Manufacturing Day. Also attached
is information about the career expo at McHenry High School Upper Campus Center for Science,
Technology, and Industry on October 6, 2021 from 6:00 p.m. to 8:00 p.m.
If the City Council concurs, it is recommended the attached resolution be approved designating
the Importance of Manufacturing to our community and designating October 1, 2021 as
National Manufacturing Day in the City of McHenry.
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A RESOLUTION DESIGNATING OCTOBER 1, 2021 AS
NATIONAL MANUFACTURING DAY IN THE CITY OF MCHENRY
WHEREAS, National Manufacturing Day is an annual event which highlights the importance of
manufacturing to our national economy, providing an opportunity for manufacturers throughout North
America to open their doors to showcase the rewarding high-skill jobs available in manufacturing-related
industries; and
WHEREAS, the National Manufacturing Day Mission Statement is: “To empower manufacturers
to improve the public perception of manufacturing careers and the sector’s value to the economic health of
the U.S. by connecting them to business improvement, community resources, and next-generation workers;”
and
WHEREAS, City of McHenry is home to numerous national and international manufacturers
within many different economic sectors including metalworking machinery manufacturing; medical
equipment and supplies manufacturing; plastic resin and synthetic fiber manufacturing; plastics and rubber
and electronics manufacturing which employ a large percentage of our workforce; and
WHEREAS, the City of McHenry is fortunate to have numerous business and industrial parks
located throughout the city including McHenry Corporate Center, Sherman Hill Industrial Park, North Gate
West, Prairie Pointe Business Park, Tonyan Industrial Park, Inland Business Park, Adams Commercial
Center, Professional Plaza, and City Centre Business Park; and
WHEREAS, the City of McHenry advocates, supports and promotes the growth of manufacturing
and related industries through numerous plans and programs to enable companies to expand, relocate, and
also remain within the City of McHenry; and
WHEREAS, on October 6, 2021 from 6:00 p.m. to 8:00 p.m. at the McHenry High School Upper
Campus Center For Science, Technology, and Industry, 4724 W. Crystal Lake Rd., a Manufacturing, Trades
and Industry (MTI) Career Expo will be held featuring many industrial/manufacturing companies, as well
as trade organizations throughout McHenry County and programs offered at McHenry Community High
School District 156 and McHenry County College; and
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF MCHENRY
RECOGNIZES THE IMPORTANCE OF MANUFACTURING AND DESIGNATES OCTOBER 1,
2021 AS NATIONAL MANUFACTURING DAY IN THE CITY OF MCHENRY.
Passed and approved this 20th day of September, 2021.
Ayes Nays Absent Abstain
Alderman Devine _____ _____ _____ _____
Alderman Glab _____ _____ _____ _____
Alderman Harding _____ _____ _____ _____
Alderman McClatchey _____ _____ _____ _____
Alderwoman Miller _____ _____ _____ _____
Alderman Santi _____ _____ _____ _____
Alderman Strach _____ _____ _____ _____
______________________ ________________________
Wayne Jett, Mayor Monte Johnson, Deputy City Clerk
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Ann Campanella
Director of Human Resources & Risk Mgmt.
City of McHenry
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2100
Fax: (815) 363-6889
acampanella@cityofmchenry.org
The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and
services in a customer-oriented, efficient, and fiscally responsible manner.
CONSENT AGENDA SUPPLEMENT
DATE: September 20, 2021
TO: Honorable Mayor and City Council
FROM: Ann Campanella, Director of Human Resources & Risk Management
RE: Ordinance Fully Amending and Restating the City of McHenry Employee Manual
Agenda Item Summary
The employee manual was in need of updating to reflect the many State and Federal laws and
regulations were enacted in the past few years. Examples include:
• Military leave
• Pregnancy Accommodation
• Lactation Breaks
• Leave for Domestic, Sexual or Gender Violence
• Whistleblower
• Requirements associated with the Affordable Care Act
The handbook is written in a system called HR Hero that notifies Human Resources when new State
and/or Federal employment laws are adopted. This allows for a timely revision of the manual. The
manual is published as a link to an online system and can also be printed from a PDF for employees
without access to City email.
In addition to the HR Hero system, employee manuals from many neighboring municipalities were
collected, reviewed, and used as templates to improve wording and readability for employees.
The updated content of the manual was reviewed and approved by the City’s labor attorney.
Recommendation
Therefore, if the City Council concurs, it is recommended that a motion be made to approve the
attached Ordinance Fully Amending and Restating the City of McHenry’s Personnel Policy Manual.
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Personnel Manual, Page 1
ORDINANCE NO. __________
An Ordinance Fully Amending and Restating the
City of McHenry’s Personnel Policy Manual
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the
passage of this Ordinance constitutes an exercise of the City’s home rule powers and functions as
granted in the Constitution of the State of Illinois; and
WHEREAS, the City of McHenry has in force certain polices compiled and comprising its
personnel policies and desires to fully amend and restate said policies in their entirety.
NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF
McHENRY, McHenry County, Illinois, as follows:
SECTION 1: The Personnel Policy Manual of the City of McHenry, attached hereto and
dated September 10, 2021, is hereby adopted and it fully amends and restates existing City personnel
policies, except those implemented through collective bargaining agreements or contained in the
general orders of the McHenry Police Department.
SECTION 2: All future amendments to the Personnel Policy Manual shall be made directly
by the office of the City Administrator or his designee, including the City Human Resources
Director.
SECTION 3: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment
shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and
continue in full force and effect.
SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed to
the extent of such conflict.
SECTION 5: This Ordinance shall be in full force and effect upon its passage, approval and
publication in pamphlet form (which publication is hereby authorized) as provided by law.
Ayes Nays Absent Abstain
Alderman Devine
Alderman Glab
Alderman Harding
Alderman Strach
Alderwoman Miller
Alderman Santi
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Personnel Manual, Page 2
Alderman McClatchey
APPROVED:
Mayor Wayne Jett
(SEAL)
ATTEST:
City Clerk Trisha Ramel
Passed: September 20, 2021
Approved: September 20, 2021
Z:\M\McHenryCityof\Ordinances\PersonnelManual.doc
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C E R T I F I C A T I O N
I, Trisha Ramel, do hereby certify that I am the duly appointed, acting and qualified Clerk of
the City of McHenry, McHenry County, Illinois, and that as such Clerk, I am the keeper of the
records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry.
I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of
McHenry, held on the day of , 2021, the
foregoing Ordinance entitled An Ordinance Repealing the City of McHenry’s Personnel Policy
Manual, was duly passed by the City Council of the City of McHenry.
The pamphlet form of Ordinance No. , including the Ordinance and a cover
sheet thereof, was prepared, and a copy of such Ordinance was posted in the City Hall, commencing
on the day of 2021, and will continue for at least 10 days thereafter.
Copies of such Ordinance are also available for public inspection upon request in the office of the
City Clerk.
I do further certify that the original, of which the attached is a true and correct copy, is
entrusted to me as the Clerk of said City for safekeeping, and that I am the lawful custodian and
keeper of the same.
GIVEN under my hand and seal this day of 2021.
Trisha Ramel, Clerk
City of McHenry,
McHenry County, Illinois
(SEAL)
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The City of McHenry
Employee Manual
09/10/2021
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ABOUT THIS HANDBOOK/DISCLAIMER
We prepared this manual to help employees find the answers to many questions that they may have
regarding their employment with The City of McHenry. Please take the necessary time to read it.
We do not expect this manual to answer all questions. Supervisors and Human Resources also
serve as a major source of information.
Neither this manual nor any other verbal or written communication by a City representative is, nor
should it be considered to be, an agreement, contract of employment, express or implied, or a
promise of treatment in any particular manner in any given situation, nor does it confer any
contractual rights whatsoever. The City of McHenry adheres to the policy of employment at will,
which permits the City or the employee to end the employment relationship at any time, for any
reason, with or without cause or notice.
No City representative other than the City Administrator and Human Resources Director may modify
at-will status and/or provide any special arrangement concerning terms or conditions of employment
in an individual case or generally and any such modification must be in a signed writing.
Many matters covered by this manual, such as benefit plan descriptions, are also described in
separate City documents. These City documents are always controlling over any statement made in
this manual or by any member of management.
This manual states only general City guidelines. The City may, at any time, in its sole discretion,
modify or vary from anything stated in this manual, with or without notice, except for the rights of the
parties to end employment at will, which may only be modified by an express written agreement
signed by the employee and Human Resources Director.
This manual is subject to the terms of any applicable collective bargaining agreement.
Special Note to Police Department Employees: Under Section 6-2A-5: (Regulations
Governing Police Department) of the McHenry Municipal Code, the McHenry Police
Department shall maintain its own set of rules and regulations known as General Orders. In
the event that any section of this Handbook is in conflict with the police department General
Orders, the police department General Order shall supersede.
This manual supersedes all prior manuals.
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Section 1 - Governing Principles of Employment 6
1-1. Introduction 6
1-2. Equal Employment Opportunity 6
1-3. Pregnancy Accommodations 7
1-4. Anti-Harassment & Whistleblower 8
1-5. Drug-Free and Alcohol-Free Workplace 14
1-6. Workplace Violence 16
1-7. Grievance Procedure 17
1-8. Americans With Disabilities Act ADA/ADAAA 18
Section 2 - Operational Policies 21
2-1. Employee Classifications 21
2-2. Your Employment Records 21
2-3. Working Hours,Schedule, Emergency Call Back 22
2-4. Timekeeping Procedures 22
2-5. Overtime and Compensatory Time 23
2-6. Deductions from Exempt Employees Salaries 23
2-7. Your Paycheck 25
2-8. Direct Deposit 25
2-9. Salary Advances 25
2-10. Performance Appraisals 25
2-11. Internal & External Job Postings 25
2-12. Separation from Employment 26
2-13. Rehired Employees 27
2-14. Training and Tuition Reimbursement 28
2-15. Remote Work/Telecommuting 29
2-16. Reimbursement For Expenses 31
Section 3 - Benefits 33
3-1. Benefits Overview 33
3-2. Paid Holidays 33
3-3. Paid Vacation 34
3-4. Paid Personal Days 36
3-5. Sick Days 37
3-6. Lactation Breaks 38
3-7. Workers' Compensation 38
Table of Contents
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3-8. Jury Duty Leave 40
3-9. Witness Leave 40
3-10. Bereavement Leave 40
3-11. Child Bereavement Leave 41
3-12. Voting Leave 41
3-13. Voluntary Emergency Workers Leave 42
3-14. Insurance Benefits 42
3-15. Employee Assistance Program 43
3-16. Retirement Plan 43
Section 4 - Leaves of Absence 44
4-1. Family and Medical Leave 44
4-2. Leave for Domestic, Sexual and Gender Violence 50
4-3. Military Leave 51
4-4. Family Military Leave Act 52
4-5. School Visitation Leave 52
4-6. Discretionary Leave of Absence for Non-Represented Employees 53
Section 5 - General Standards of Conduct 55
5-1. Employee Conduct 55
5-2. Political Activities related to Employee Conduct 56
5-3. Progressive Discipline and Corrective Action 57
5-4. Smoking 58
5-5. Punctuality and Attendance 58
5-6. Internet Policy 59
5-7. E-Mail Policy 60
5-8. Social Media 61
5-9. Personal and Company-Provided Portable Communication Devices 63
5-10. Media Relations 64
5-11. Inspections 64
5-12. Personal Visits and Telephone Calls 65
5-13. Solicitation and Distribution 65
5-14. Bulletin Boards 65
5-15. Confidential Information 65
5-16. Ethics Ordinance and Code of Ethics 66
5-17. Use of Facilities, Equipment and Property 75
Table of Contents
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5-18. Hiring Relatives/Employee Relationships 75
5-19. Employee Dress and Personal Appearance 76
5-20. Operation of Vehicles 76
5-21. References 77
General Handbook Acknowledgment 78
Receipt of Non-Harassment Policy 79
Table of Contents
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Section 1 - Governing Principles of Employment
1-1. Introduction
We would like to extend a warm and sincere welcome to new employees with The City of McHenry.
For employees who have been with us, thank you for your past and continued service.
We extend our best wishes for success and happiness here at The City of McHenry. We understand
that it is our employees who provide the services that our residents and customers rely upon, and
who will enable us to provide improvements and opportunities in the years to come.
City of McHenry Administration
1-2. Equal Employment Opportunity
The City of McHenry is an Equal Opportunity Employer that does not discriminate on the basis of
actual or perceived race, color, creed, religion, national origin, ancestry, citizenship status, age, sex
or gender (including pregnancy, childbirth and pregnancy-related conditions), gender identity or
expression (including transgender status), sexual orientation, marital status, military service and
veteran status, physical or mental disability, genetic information, or any other characteristic protected
by applicable federal, state or local laws and ordinances. The City of McHenry's management team
is dedicated to this policy with respect to recruitment, hiring, placement, promotion, transfer, training,
compensation, benefits, employee activities, access to facilities and programs and general treatment
during employment.
It is the responsibility of every City official and employee to give this Policy full support by leadership
and personal example. In addition, it is the duty of every City official and employee to create a job
environment which is conducive to this Policy.
Overall administration of this policy is the responsibility of the Human Resources Director. The City
Administrator acts as EEO Officer.
Any employee who believes that he or she has been treated unfairly because of any characteristic
named in this policy or any basis prohibited by applicable federal, state, or local fair employment
laws or regulations should immediately submit a written report of the incident to the Human
Resources Director who will notify the City Administrator and investigate the incident.
The City will endeavor to make a reasonable accommodation of an otherwise qualified applicant or
employee related to an individual's: physical or mental disability; sincerely held religious beliefs and
practices; and/or any other reason required by applicable law, unless doing so would impose an
undue hardship upon the City's business operations.
Any applicant or employee who needs an accommodation in order to perform the essential functions
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of the job should contact Human Resources Director to request such an accommodation. The
individual should specify what accommodation is needed to perform the job and submit supporting
documentation explaining the basis for the requested accommodation, to the extent permitted and in
accordance with applicable law. The City then will review and analyze the request, including
engaging in an interactive process with the employee or applicant, to identify if such an
accommodation can be made. The City will evaluate requested accommodations, and as
appropriate, identify other possible accommodations, if any. The individual will be notified of The
City's decision regarding the request within a reasonable period. The City treats all medical
information submitted as part of the accommodation process in a confidential manner.
Any employees with questions or concerns about equal employment opportunities in the workplace
are encouraged to bring these issues to the attention of Human Resources Director. The City will not
allow any form of retaliation against individuals who raise issues of equal employment opportunity. If
employees feel they have been subjected to any such retaliation, they should contact the Human
Resources Director. To ensure our workplace is free of artificial barriers, violation of this policy
including any improper retaliatory conduct will lead to discipline, up to and including discharge. All
employees must cooperate with all investigations conducted pursuant to this policy.
1-3. Pregnancy Accommodations
In compliance with Illinois Public Act 98-1050 The City of McHenry will not discriminate against
employees because of pregnancy; will engage in a timely, good faith, and meaningful exchange with
employees affected by pregnancy, childbirth or related conditions; and will endeavor to provide
reasonable accommodation unless doing so will impose an undue hardship on the ordinary operation
of the City.
Such accommodations include modifications or adjustments to the work environment or
circumstances under which the employee's position is customarily performed, including but not
limited to more frequent or longer bathroom, water intake, or rest breaks; private non-bathroom
space for expressing breast milk and breastfeeding; seating accommodations or acquisition or
modification of equipment; assistance with manual labor, light duty, or a temporary transfer to a less
strenuous or non-hazardous position; job restructuring or a part-time or modified work schedule;
appropriate adjustment or modifications of examinations or training materials; assignment to a
vacant position; or providing leave to recover from childbirth or pregnancy.
Employees will not be required to accept accommodation that they did not request or to which they
did not agree, nor will they be forced to take leave if another reasonable accommodation is available.
The employee may be required to provide certification from a health care provider concerning the
need for a reasonable accommodation to the same extent such a certification is required for other
conditions related to a disability. A certification should include:
Medical justification for the requested accommodation(s);
A description of the reasonable accommodation(s) medically advisable;
The date the accommodation(s) became advisable; and
The probable duration of the reasonable accommodation(s).
The City will not deny employment opportunities or take adverse employment action against
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employees if such decision is based on the City's need to make a reasonable accommodation, and
the City will not retaliate against employees who request an accommodation or otherwise exercise
their rights under the Illinois Human Rights Act.
This Act is enforced by the Illinois Department of Human Rights ("IDHR"). The charge process for
violations of the law can be initiated by contacting the IDHR at any of the offices shown below or by
completing the form at https://www2.illinois.gov/DHR/Pages/default.aspx.
Chicago Office Springfield Office
100 W. Randolph St.535 West Jefferson
10th Floor 1st Floor
Intake Unit Intake Unit
Chicago, IL 60601 Springfield, IL 62704
(312) 814-6200 (217) 785-5100
Employees with questions or concerns regarding this policy or who would like to request an
accommodation should contact Human Resources Director.
1-4. Anti-Harassment & Whistleblower
A. Introduction
The City of McHenry (the "City") desires to have a professional working environment for its
employees so that they may carry out their duties in productive and positive surroundings. Although
conduct may not rise to the level of unlawful harassment from a legal perspective, the City wants to
protect its employees from abuse and to prevent conduct from becoming so severe or pervasive as
to alter the conditions of an employee's employment, create an abusive, intimidating or hostile
working environment, or result in a tangible employment action. Accordingly, the City has adopted a
"zero tolerance" policy against harassment. Harassment is unwarranted and unwanted verbal or
nonverbal conduct that threatens, intimidates, annoys or insults another person where such conduct
has the purpose or effect of creating an offensive, intimidating, degrading and/or hostile working
environment and/or interferes with and/or adversely affects a person's performance.
The City prohibits any form of unlawful harassment against its employees and applicants for
employment based on actual or perceived factors such as sex (including sexual harassment, gender
harassment, and harassment based on pregnancy, childbirth, or related medical conditions), race,
color, creed, religion, ancestry, national origin, age, mental or physical disability, marital status, order
of protection status, military status, unfavorable discharge from military service, citizenship status,
sexual orientation including gender-related identity whether or not traditionally associated with the
person's designated sex at birth, or any other basis prohibited by applicable federal, state, or local
fair employment laws or regulations.
B. Sexual Harassment
With respect to sexual harassment, the City prohibits any unwelcome sexual advances, request for
sexual favors, and other verbal or physical conduct of a sexual nature when:
Submission to such conduct is made either explicitly or implicitly a term or condition of an1.
individual's employment; or
Submission to or rejection of such conduct by an individual is used as the basis for2.
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employment decisions affecting such individual; or
Such conduct may have the purpose or effect of unreasonably interfering with an individual's3.
work performance; or
Such conduct may create an intimidating, hostile, or offensive working environment.4.
Examples of the types of conduct that would violate the City's policy including the following:
Verbal: sexual innuendos, suggestive comments, insults, humor, and jokes about sex,
anatomy or gender-specific traits, sexual propositions, threats, repeated requests for dates, or
statements about other employees, even outside their presence, of a sexual nature.
Non-verbal: suggestive or insulting sounds (whistling), leering, obscene gestures, sexually
suggestive bodily gestures, "catcalls", "smacking" or "kissing" noises.
Visual: posters, signs, pin-ups or slogans of a sexual nature, viewing pornographic material or
websites.
Physical: touching, unwelcome hugging or kissing, pinching, brushing the body, any coerced
sexual act or actual assault.
Textual/Electronic: "sexting" (electronically sending messages with sexual content,
including pictures and video), the use of sexually explicit language, harassment, cyber stalking
and threats via all forms of electronic communication (e-mail, text/picture/video messages,
intranet/on-line postings, blogs, instant messages and social network websites like Facebook
and Twitter).
The most severe and overt forms of sexual harassment are easier to determine. On the other end of
the spectrum, some sexual harassment is more subtle and depends, to some extent, on individual
perception and interpretation. The courts will assess sexual harassment by a standard of what would
offend a "reasonable person."
Both opposite sex and same sex harassment are prohibited under this policy.
C. Other Forms of Harassment
With respect to other forms of harassment, the City prohibits slurs or other verbal or physical conduct
relating to matters such as actual or perceived race, color, creed, religion, ancestry, national origin,
age, mental or physical disability, marital status, order of protection status, pregnancy, military
status, unfavorable discharge from military service, citizenship status, sexual orientation including
gender-related identity whether traditionally associated with the person's designated sex at birth, or
any other basis prohibited by applicable federal, state, or local fair employment laws or regulations
which:
May have the purpose or effect of creating an intimidating, hostile, or offensive working1.
environment; or
May have the purpose or effect of unreasonably interfering with an individual's work2.
performance; or
Otherwise, may adversely affect an individual's employment opportunities.3.
D. Coverage of the Policy
The City's "zero-tolerance" policy with respect to harassment applies to conduct in or connected to
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the workplace, whether it is physical or verbal, and whether it is committed by City officials,
department heads, fellow employees or non-employees (such as customers, vendors, suppliers, or
business invitees). The conduct prohibited by this policy is not only unacceptable in the workplace
itself but also at any other work-related setting such as holiday parties, gatherings or other work-
related social events, on business trips, and at conferences, seminars, educational gatherings, and
other meetings. Each City official and department head is responsible for creating an atmosphere
free of harassment, whether it is sexual or another form of harassment. In addition, all employees
are responsible for respecting the rights of their fellow employees and for cooperating in any
investigation of alleged harassment.
Responsibilities:
Each employee is responsible for assisting in prevention of harassment through the following acts:
Refraining from participation in, or encouragement of, actions that could be perceived as
harassment;
Reporting acts of harassment; and
Encouraging any employee, who confides that he/she is being harassed, to report these acts
of harassment.
Each supervisor shall be responsible for preventing acts of harassment. These responsibilities
include:
Monitoring the workplace environment on a daily basis for signs that harassment may be
occurring.
Counseling all employees on the types of behavior prohibited and the City's procedures for
reporting and resolving complaints of harassment.
Stopping any observed acts that may be considered harassment and taking appropriate steps
to intervene, whether the involved employees are within his/her line of supervision.
Taking immediate action to limit the work contact between employees where there has been a
complaint of harassment, pending investigation.
Each supervisor has the responsibility to assist any employee, who comes to that individual with a
complaint of harassment, in documenting and filing a complaint in accordance with this policy.
Failure to take action to stop known harassment will result in disciplinary action up to and including
termination of employment.
E. Reporting and Investigating Alleged Harassment
While the City encourages individuals who believe they are being harassed to firmly and promptly
notify the offender that his or her behavior is unwelcome, the City also recognizes that power and
status disparities between an alleged harasser and a target may make such a confrontation
impossible. In the event that such informal, direct communication between individuals is either
ineffective or impossible, or even when such communication between the individuals has occurred,
the following steps should be taken to report a harassment complaint:
1. Reporting of the Incident: All City employees and officials are urged to report any suspected
harassment by another employee or official to the Human Resources Director, except where the
Human Resources Director is the individual accused of harassment. In that case, the complaint
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should be reported to the City Administrator. If the victim prefers to report the suspected harassment
to someone of the opposite sex from that of the Human Resources Director or City Administrator, the
complaint can be reported to a Director. Elected officials may report an incident to a council member
in accordance with paragraph F of this policy. The report may be made initially either orally or in
writing, but reports made orally must be reduced to writing before an investigation can be initiated
and a resolution achieved.
2. Investigation of the Complaint: When a complaint has been reduced to writing, the City
Administrator, or person receiving the complaint, will initiate an investigation of the suspected
harassment. The investigation will include an interview with the individual(s) who made the initial
report, the person(s) toward whom the suspected harassment was directed, and the individual(s)
accused of the harassment. Any other person who may have information regarding the alleged
harassment may also be interviewed.
3. Preparation of a Written Report: The person responsible for investigating the complaint shall
prepare a written report. The report shall include a finding that harassment occurred, harassment did
not occur, or there is inconclusive evidence whether harassment occurred. A copy of the report will
be given to the individual(s) who made the initial report, the person(s) to whom the suspected
harassment was directed, and the individual(s) accused of the harassment.
Where a hostile work environment has been found to exist, the City will take all reasonable steps to
eliminate the conduct creating such an environment.
4. Keeping of Records and the Confidentiality of Such Records: Employees or other persons who
report incidents of harassment are encouraged to keep written notes in order to accurately record the
offensive conduct. Every effort shall be made to keep all matters related to the investigation and
various reports confidential to the extent possible. In the event of a lawsuit, however, the City
advises that those records maintained by the City and any records maintained by the complainant
may not be considered privileged from disclosure.
F. Harassment Allegations by Elected Officials Against Other Elected Officials
Alleged harassment by one elected official against another shall be reported to the Mayor. If the
Mayor is the person reporting the harassment or is implicated by the allegation, the report shall be
made to any other Council member. Upon receipt of such report, the Mayor or Council member
receiving it shall refer the matter to the City's legal counsel. The allegations of the complaint will be
thoroughly investigated through an independent review, which may include referring the matter to a
qualified, independent attorney or consultant to review and investigate the allegations. Further,
reasonable remedial measures will be taken as determined by the other council members who are
not the complainant or the official who is the subject of the complaint.
G. Time Frame for Reporting Harassment
The City encourages prompt reporting of complaints so that rapid response and appropriate action
may be taken. Thus, all complaints should be reported within six months of the alleged harassment.
H. No Retaliation
No City official or employee shall take any retaliatory action against any City employee due to a City
employee's:
Disclosure or threatened disclosure of any violation of this policy,1.
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The provision of information related to or testimony before any public body conducting an2.
investigation, hearing or inquiry into any violation of this policy, or
Assistance or participation in a proceeding to enforce the provisions of this policy.3.
For the purposes of this policy, retaliatory action means the reprimand, discharge, suspension,
demotion, denial of promotion or transfer, or change in the terms or conditions of employment of any
City employee that is taken in retaliation for a City employee's involvement in protected activity
pursuant to this policy.
No individual making a report will be retaliated against even if a report made in good faith is
not substantiated. In addition, any witness will be protected from retaliation.
Similar to the prohibition against retaliation contained herein, the State Officials and Employees
Ethics Act (5 ILCS 430/15-10) provides whistleblower protection from retaliatory action such as
reprimand, discharge, suspension, demotion, or denial of promotion or transfer that occurs in
retaliation for an employee who does any of the following:
Discloses or threatens to disclose to a supervisor or to a public body an activity, policy, or1.
practice of any City officer or employee that the City employee reasonably believes is in
violation of a law, rule, or regulation,
Provides information to or testifies before any public body conducting an investigation,2.
hearing, or inquiry into any violation of a law, rule, or regulation by any City officer or
employee, or
Assists or participates in a proceeding to enforce the provisions of the State Officials and3.
Employees Ethics Act.
It is the responsibility of the supervisors to monitor and ensure that retaliation does not occur.
Pursuant to the Whistleblower Act (740 ILCS 174/15(a)), an employer may not retaliate against an
employee who discloses information in a court, an administrative hearing, or before a legislative
commission or committee, or in any other proceeding, where the employee has reasonable cause to
believe that the information discloses a violation of a State or federal law, rule, or regulation. In
addition, an employer may not retaliate against an employee for disclosing information to a
government or law enforcement agency, where the employee has reasonable cause to believe that
the information discloses a violation of a State or federal law, rule, or regulation. (740 ILCS
174/15(b)).
Retaliation against an employee who reports an improper governmental action,cooperates with an
investigation by an auditing official related to a report of improver governmental action,or testifies in
a proceeding or prosecution arising out of an improper governmental action is prohibited under this
policy and 50 ILCS 105/4.1
To invoke protections under section H an employee shall make a written report of improper
governmental action to the appropriate auditing official.
. This person shall be designated as the Deputy Chief of Police for all sworn officers and civilian
Police Department employees.
. This person shall be designated as the Human Resources Director for all other City employees.
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a. An employee who believes to have been retaliated against in violation of this policy and statute
must submit a written report to the auditing official (Deputy Chief of Police or Human Resources
Director) within 60 days of gaining knowledge of the retaliatory action
b. If the auditing official (Deputy Chief of Police) or the Chief of Police is the individual doing the
improper governmental action, then a report may be submitted to the City Hall's Auditing Official
(Human Resources Director).
c. If the auditing official (Human Resources Director) is the individual doing the improper
governmental action, then a report may be submitted to the City Administrator.
Retaliation is a form of employee misconduct. Any evidence of retaliation shall be considered a
separate violation of this policy and shall be handled by the same complaint procedures established
for harassment and discrimination complaints.
According to the Illinois Human Rights Act (775 ILCS 5/6-101), it is a civil rights violation for a
person, or for two or more people to conspire, to retaliate against a person because he/she has
opposed that which he/she reasonably and in good faith believes to be sexual harassment in
employment, because he/she has made a charge, filed a complaint, testified, assisted, or
participated in an investigation, proceeding, or hearing under the Illinois Human Rights Act.
An employee who is suddenly transferred to a lower paying job or passed over for a promotion after
filing a complaint with IDHR or EEOC, may file a retaliation charge due within 180 days (IDHR) or
300 days (EEOC) of the alleged retaliation.
I. Disciplinary Action
If any City employee engages in conduct that violates this policy, or other conduct that the City
believes is unprofessional, that employee will be subject to discipline up to and including termination
of employment. In addition to any and all other discipline that may be applicable pursuant to
municipal policies, employment agreements, procedures, employee handbooks and/or collective
bargaining agreement, any person who violates the Prohibition on Sexual Harassment contained in 5
ILCS 430/5-65, may be subject to a fine of up to $5,000 per offense.
J. Consequences for Knowingly Making a False Report of Sexual Harassment Pursuant to 5
ILCS 430/70-5
A false report is a report of sexual harassment made by an accuser using the sexual harassment
report to accomplish some end other than stopping sexual harassment or retaliation for reporting
sexual harassment. A false report of sexual harassment is not defined as a report made in
good faith but which cannot be proven. Rather, a false complaint of sexual harassment is defined
as an intentionally made false or frivolous report or bad faith allegation. Given the seriousness of the
consequences for the accused, any person who intentionally makes a false report alleging sexual
harassment shall be subject to discipline up to and including termination of employment.
In addition, any person who intentionally makes a false report alleging a violation of any provision of
the State Officials and Employees Ethics Act to an ethics commission, an inspector general, the
State Police, a State's Attorney, the Attorney General, or any other law enforcement official is guilty
of a Class A misdemeanor. An ethics commission may levy an administrative fine of up to $5,000
against any person who intentionally makes a false, frivolous or bad faith allegation.
K. External Procedures
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The City hopes that any incident of harassment can be resolved through the internal procedures
outlined above. Employees of the City, however, have the right to file formal harassment charges
including charges of retaliation with the Illinois Department of Human Rights (the "IDHR") and/or
with the Equal Employment Opportunity Commission (the "EEOC"). A charge with the IDHR must
be filed within 180 days of the harassing incident. A charge with the EEOC must be filed within 300
days of the incident. It is unlawful for an employer to retaliate against an employee for filing a charge
of harassment with the IDHR or the EEOC.
The IDHR may be conducted as follows:
Chicago: (312) 814-6200 Chicago TDD: (312) 263-1579
Springfield: (217) 785-5100 Springfield TDD: (217) 785-5125
The EEOC may be conducted as follows:
Chicago: (312) 353-2713 Chicago TDD: (312) 353-2421
F: Chicago: (800) 669-4000 Chicago TDD: (800) 669-6820
1-5. Drug-Free and Alcohol-Free Workplace
To help ensure a safe, healthy and productive work environment for our employees and others, to
protect City property, and to ensure efficient operations, The City of McHenry has adopted a policy of
maintaining a workplace free of drugs and alcohol. This policy applies to all employees and other
individuals who perform work for the City.
The unlawful or unauthorized abuse, solicitation, theft, possession, transfer, purchase, sale or
distribution of controlled substances, legally purchased marijuana, drug paraphernalia or alcohol by
an individual anywhere on City premises, while on City business (whether or not on City premises) or
while representing the City, is strictly prohibited.
Employees and other individuals who work for the City also are prohibited from reporting to work or
working while they are using or under the influence of alcohol, marijuana, or any controlled
substances, which may impact the employee's ability to perform their job or otherwise pose safety
concerns, except when the use is pursuant to a licensed medical practitioner's instructions and the
licensed medical practitioner authorized the employee or individual to report to work. However, this
exception does not extend any right to report to work under the influence of medical marijuana or to
use medical marijuana as a defense to a positive drug test, to the extent the employee is subject to
any drug testing requirement (such as public safety positions), except as permitted by and in
accordance with applicable law.
Violation of this policy will result in disciplinary action, up to and including discharge.
The City maintains a policy of non-discrimination and will endeavor to make reasonable
accommodations to assist individuals recovering from substance and alcohol dependencies, and
those who have a medical history which reflects treatment for substance abuse conditions. However,
employees may not request an accommodation to avoid discipline for a policy violation. We
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encourage employees to seek assistance before their substance abuse or alcohol misuse renders
them unable to perform the essential functions of their jobs, or jeopardizes the health and safety of
any City employee, including themselves.
Drug and Alcohol Testing
The City requires drug/alcohol testing of all candidates offered conditional employment. The City
may also require drug/alcohol testing of current employees seeking a transfer or promotion to a
position whose duties involve public safety. Employees who (1) test positive for illegal drugs or for
being under the influence of alcohol, or marijuana, or (2) who refuse to submit to testing, may be
subject to disciplinary action up to and including termination.
The City may require an employee to submit to urine and/or blood tests, breath tests, or other
drug/alcohol tests if it determines there is reasonable suspicion for such testing. Reasonable
suspicion means that a City supervisor, trained by a qualified trainer, has made a determination that
there is reason to suspect, based on specific, contemporaneous, an articulable observations
concerning an employee's appearance, conduct, speech, behavior, performance or body odors that
indicate an employee has violated this policy. Observations may include indications of the chronic
and withdrawal effects of illegal drugs and alcohol. Supervisor's shall document their observations
within twenty-four (24) hours of ordering an employee to be tested.
Random Testing
There shall be no random or unit wide mandatory testing, except the City may randomly test an
individual employee (1) for 18 months following a positive test result or other violation of this policy;
(2) for 18 months following completion of an alcohol/substance abuse treatment program if the
employee requested voluntary assistance.
U.S. and Illinois Department of Transportation Regulations
U.S. and Illinois DOT regulations requiring drug and alcohol testing on all employees holding a
commercial drivers license (CDL) will be tested in the following situations:
1. Pre-employment testing. All candidates considered for employment in a position covered by the
U.S. and Illinois Department of Transportation Regulations must successfully complete a drug and
alcohol test before their official start date.
2. Random testing. CDL employees will be subject to random drug and alcohol testing throughout
the year. These employees will have no advance warning of the random tests.
3. Post accident/incident testing. Drug testing may be required within 32 hours after serious
accidents or rule violations but should be done on the same day if practicable. Alcohol testing should
be done within two hours of the incident but in no event later than 8 hours after the incident.
Employees will be tested after a fatal accident or if he/she receives a citation for a moving violation
arising out of the accident.
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1-6. Workplace Violence
The City of McHenry is strongly committed to providing a safe workplace. The purpose of this policy
is to minimize the risk of personal injury to employees and damage to City and personal property.
The City of McHenry specifically discourages employees from engaging in any physical confrontation
with a violent or potentially violent individual. However, employees can exercise reasonable
judgment in identifying and reporting potentially dangerous situations.
Prohibited Conduct
Prohibited behaviors include but are not limited to:
Threats, threatening language or any other acts of aggression or violence made toward or by
any City employee. For purposes of this policy, a threat includes any verbal or physical
harassment or abuse, any attempt at intimidating or instilling fear in others, menacing
gestures, flashing of weapons, stalking injurious or destructive action undertaken for the
purpose of domination or intimidation. To the extent permitted by law, employees and visitors
are prohibited from carrying weapons onto City premises.
Displaying aggressive and/or hostile behavior that creates a reasonable fear of injury or
subjects another individual to emotional distress.
Intentionally damaging employer property or the property of another employee, customer,
vendor or member of the public.
Committing acts motivated by, or relating to sexual harassment or domestic violence.
Procedures for Reporting a Threat
All potentially dangerous situations, including threats by co-workers, should be reported immediately
to a supervisor and Human Resources. Reports of threats may be confidential to the extent
maintaining confidentiality does not impede The City of McHenry's ability to investigate and respond
to the complaints. All threats will be promptly investigated. Employees must cooperate
with investigations. No employee will be subjected to retaliation, intimidation or disciplinary action as
a result of reporting a threat in good faith under this policy.
If the City determines, after an appropriate good faith investigation, that someone has violated this
policy, the City will take swift and appropriate disciplinary action up to and including termination.
If the employee is the recipient of a threat made by an outside party, that employee should report the
situation to their supervisor and Human Resources. It is important for the City to be aware of any
potential danger, so the City can take effective measures to investigate and protect employees from
the threat of a violent act by employees or by anyone else.
Threats or acts of violence should be reported to local police.
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1-7. Grievance Procedure
Grievance Defined: Any difference between an employee and the City concerning the interpretation,
application or compliance with the provisions of this Employee Handbook may constitute a
grievance excluding, however, claims of discrimination or sexual harassment and excluding
employee insurance benefits, and those matters which are within the power or jurisdiction of the
Police Commission. Any employee with a grievance dealing with either discrimination or sexual
harassment should proceed through the City's Equal Employment Opportunity Policy, Americans
with Disabilities Act Policy or Sexual Harassment Policy complaint procedures.
Exclusive Procedure: The grievance procedure is the exclusive remedy for employees with
grievances and all grievances should be addressed only in accordance with the grievance
procedures herein set forth.
Protection: Employees will not be retaliated against in any way because of his/her proper use of the
grievance procedure.
Procedure:
Step 1. All grievances in the first instance should be submitted in writing, on a grievance form
provided by the City, to the employee's first level supervisor within 10 working days after the
grievance at issue arises. The supervisor should discuss the matter with the employee in an attempt
to arrive at a satisfactory settlement. The supervisor should then decide the grievance and should
reply thereto in writing within ten (10) working days after the written grievance was submitted,
exclusive of Saturday, Sunday and holidays.
Step 2. If the action in Step 1 fails to resolve the grievance to the satisfaction of the employee, he or
she may request the grievance to be referred to the employee's department head. Such request
should be made no later than ten (10) working days after the employee receives the written reply
referenced in Step 1. The department head should discuss the grievance with the employee within
ten (10) working days after the receipt of the grievance referral and should reply thereto in writing
within an additional ten (10) working days, exclusive of Saturdays, Sundays and holidays.
Step 3. If the action in Step 2 fails to resolve the grievance, the employee may request the grievance
to be referred to the Human Resources Director. Such request should be made no later than ten
(10) working days after the employee receives the written reply referred to in Step 2. The Human
Resources Director should discuss the grievance with the employee within ten (10) working days
after the receipt of the grievance referral and should reply thereto in writing within an additional ten
(10) working days, exclusive of Saturdays, Sundays and holidays.
Step 4. If the action in Step 3 fails to resolve the grievance, the employee may request the
grievance to be referred to the City Administrator. Such request should be made no later than thirty
(30) calendar days after the employee receives the Human Resource Director's written reply referred
to in Step 3. The City Administrator should meet to consider said grievance at the earliest
convenient time but preferably within thirty (30) calendar days after it is received. A written
recommendation should be rendered by the City Administrator after he/she has concluded
the investigation.
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Failure of the employee to meet the stated time limits constitute a waiver of further review, except
that the time limits expressed in the foregoing procedures may be extended by the mutual
agreement of the employee and first level supervisor at Step 1, the department head at Step 2, the
Human Resources Director at Step 3, and the City Administrator at Step 4.
In the event the individual that the grievance is to be reported to is absent, the grievance should be
considered and acted upon at the next step in the grievance procedure. In the event the
employee's grievance involves their supervisor, department head or the Human Resources Director,
the employee may skip that step and go to the next step in the grievance procedure.
1-8. Americans With Disabilities Act ADA/ADAAA
The Americans with Disabilities Act (ADA) and the Americans with Disabilities Amendments Act
(ADAAA) are federal laws that require employers with 15 or more employees to not discriminate
against applicants and individuals with disabilities and, when needed, to provide reasonable
accommodations to applicants and employees who are qualified for a job, with or without reasonable
accommodations, so that they may perform the essential job duties of the position.
It is the policy of the City of McHenry to comply with all federal and state laws concerning the
employment of persons with disabilities and to act in accordance with regulations and guidance
issued by the Equal Employment Opportunity Commission (EEOC). Furthermore, it is the company
policy not to discriminate against qualified individuals with disabilities in regard to application
procedures, hiring, advancement, discharge, compensation, training or other terms, conditions and
privileges of employment.
Procedures
When an individual with a disability requests accommodation and can be reasonably accommodated
without creating an undue hardship or causing a direct threat to workplace safety, he or she will be
given the same consideration for employment as any other applicant. Individuals who pose a direct
threat to the health, safety and well-being of themselves or others in the workplace when the threat
cannot be eliminated by reasonable accommodation will not be hired.
The City of McHenry will reasonably accommodate qualified individuals with a disability so that they
can perform the essential functions of a job unless doing so causes a direct threat to these
individuals or others in the workplace and the threat cannot be eliminated by reasonable
accommodation or if the accommodation creates an undue hardship to The City. Contact Human
Resources (HR) with any questions or requests for accommodation.
Any suspected violation of the ADA /ADAA should be reported to the Human Resources Director.
The report can be made initially orally or in writing, however the report must be submitted in writing
before an investigation can begin and resolution achieved. An investigation will begin within three
working days after receiving the written complaint. It will be determined if a verified disability exists
and if so, if a reasonable accommodation can be made, and if so, what the reasonable
accommodation is. The findings and proposed resolution will be given in writing to the complaining
party within seven working days from the start of investigation.
If the employee or applicant is dissatisfied with the outcome, they may file a written appeal within
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seven working days to the City Administrator.
Every effort will be made to maintain confidentiality of investigations and reports, however in the
event of a lawsuit, City information complainant records may not be considered privileged.
The City will maintain written records for two years from the date of resolution unless circumstances
dictate a longer time period.
All employees are required to comply with the company's safety standards. Current employees who
pose a direct threat to the health or safety of themselves or other individuals in the workplace will be
placed on leave until an organizational decision has been made in regard to the employee's
immediate employment situation.
Individuals who are currently using illegal drugs are excluded from coverage under the company
ADA policy.
The HR Department is responsible for implementing this policy, including the resolution of
reasonable accommodation, safety/direct threat and undue hardship issues.
Terms Used in This Policy
As used in this ADA policy, the following terms have the indicated meaning:
Disability: A physical or mental impairment that substantially limits one or more major life
activities of the individual, a record of such an impairment, or being regarded as having such
an impairment.
Major life activities: Term includes caring for oneself, performing manual tasks, seeing,
hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning,
reading, concentrating, thinking, communicating and working.
Major bodily functions: Term includes physical or mental impairment such as any physiological
disorder or condition, cosmetic disfigurement or anatomical loss affecting one or more body
systems, such as neurological, musculoskeletal, special sense organs, respiratory (including
speech organs), cardiovascular, reproductive, digestive, genitourinary, immune, circulatory,
hemic, lymphatic, skin and endocrine. Also covered are any mental or psychological disorders,
such as intellectual disability (formerly termed "mental retardation"), organic brain syndrome,
emotional or mental illness and specific learning disabilities.
Substantially limiting: In accordance with the ADAAA final regulations, the determination of
whether an impairment substantially limits a major life activity requires an individualized
assessment, and an impairment that is episodic or in remission may also meet the definition of
disability if it would substantially limit a major life activity when active. Some examples of these
types of impairments may include epilepsy, hypertension, asthma, diabetes, major depressive
disorder, bipolar disorder and schizophrenia. An impairment, such as cancer that is in
remission but that may possibly return in a substantially limiting form, is also considered a
disability under EEOC final ADAAA regulations.
Direct threat: A significant risk to the health, safety or well-being of individuals with disabilities
or others when this risk cannot be eliminated by reasonable accommodation.
Qualified individual: An individual who, with or without reasonable accommodation, can
perform the essential functions of the employment position that such individual holds or
desires.
Reasonable accommodation: Includes any changes to the work environment and may include
making existing facilities readily accessible to and usable by individuals with disabilities, job
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restructuring, part-time or modified work schedules, telecommuting, reassignment to a vacant
position, acquisition or modification of equipment or devices, appropriate adjustment or
modifications of examinations, training materials or policies, the provision of qualified readers
or interpreters, and other similar accommodations for individuals with disabilities.
Undue hardship: An action requiring significant difficulty or expense by the employer. In
determining whether an accommodation would impose an undue hardship on a covered entity,
factors to be considered include:
The nature and cost of the accommodation.
The overall financial resources of the facility or facilities involved in the provision of the
reasonable accommodation, the number of persons employed at such facility, the effect
on expenses and resources, or the impact of such accommodation on the operation of
the facility.
The overall financial resources of the employer; the size, number, type and location of
facilities.
The type of operations of the company, including the composition, structure and
functions of the workforce; administrative or fiscal relationship of the particular facility
involved in making the accommodation to the employer.
Essential functions of the job: Term refers to those job activities that are determined by the
employer to be essential or core to performing the job; these functions cannot be modified.
The examples provided in the above terms are not meant to be all-inclusive and should not be
construed as such. They are not the only conditions that are considered to be disabilities,
impairments or reasonable accommodations covered by the ADA/ADAAA policy.
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Section 2 - Operational Policies
2-1. Employee Classifications
For purposes of this manual, all The City of McHenry employees fall within one of the classifications
below.
Full-Time Employees - Employees who regularly work at least 40 hours per week who were not
hired on a short-term basis.
Part-Time Employees - Employees who regularly work fewer than 40 hours per week who were not
hired on a short-term basis. Part time employees generally are not eligible for City benefits unless
mandated by law.
Short-Term Employees - Employees who were hired for a specific short-term project or season, or
on a short-term freelance, per diem or temporary basis. Short-Term employees generally are not
eligible for City benefits.
In addition to the above classifications, employees are categorized as either "exempt" or "non-
exempt" for purposes of federal and state wage and hour laws. Employees classified as exempt do
not receive overtime pay when working more than 40 hours in a week.The employee will be informed
of these classifications upon hire and informed of any subsequent changes to the classifications.
2-2. Your Employment Records
Employees should keep their personnel file up to date by informing Human Resources of any
changes. Employees should also inform Human Resources of any specialized training or skills they
acquire, as well as changes to any required visas. Unreported changes of address, marital status,
etc. can affect withholding tax and benefit coverage. Further, an "out of date" emergency contact or
an inability to reach employees in a crisis could cause a severe health or safety risk or other
significant problem.
To inspect your personnel file:
A. Submit a written request to inspect your personnel file to the Human Resources Department.
B. Employees will normally be able to inspect their file within seven days of the written request. If the
City cannot reasonably meet this time period, it may request a seven day extension.
C, Employees are allowed to inspect their personnel files in the Human Resources Department or
conference room at City Hall. Personnel files may not be removed from City Hall. Employees may
request a copy of certain documents within their personnel file.
D. By law, there are some items which might be kept in the employee's file which the employee has
no right to inspect. These items include letters of reference, test documents, material relating to the
City's staffing plan, information about other people if viewing these documents would invade their
privacy, records relevant to judicial proceedings between the City and the employee, and any
records alleging criminal activity.
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E. If an employee disagrees with any information contained in his or her personnel file, the
information may be removed or corrected by mutual agreement of the City and the employee. If
agreement cannot be reached, the employee may submit a written statement of their position which
the City will attach to the disputed record.
2-3. Working Hours,Schedule, Emergency Call Back
The City of McHenry normally is open for business from 8:00 to 5:00, Monday through Friday.
Due to diversity of City operations, departments will have different and varied operating hours and
work schedules.
Employees will be assigned a work schedule and are expected to begin and end work according to
the schedule. To accommodate the needs of City operations, The City of McHenry may change
individual work schedules on either a short-term or long-term basis.
Employees will be provided meal and rest periods as required by law. A department supervisor will
provide additional details.
Emergency Call Back
A non-exempt employee who is requested by a department head or supervisor to come in to work on
non-scheduled time, will be paid for the actual hours worked. An employee called back to work after
having left work shall receive a minimum of (2) two hours pay at overtime rates unless the individual
is called back to rectify their own error.
2-4. Timekeeping Procedures
Employees must record their actual time worked for payroll and benefit purposes. Non-exempt
employees must record the time work begins and ends, as well as the beginning and ending time of
any departure from work for any non-work-related reason. Time records shall include accurate
absence reasons such as sick, vacation, FMLA, etc. Timekeeping may be done electronically or
manually as directed by City Administration.
Time records shall be approved and submitted to payroll no later than the Monday of a pay
processing week. Check with payroll for specific dates.
Falsifying, altering, or tampering with time records is prohibited and subjects the employee to
discipline, up to and including discharge.
Exempt employees are required to report full days of absence from work for reasons such as leaves
of absence, vacation, sick, and personal leave.
Non-exempt employees may not start work until their scheduled starting time. Overtime hours must
be approved by an employee's supervisor.
It is the employee's responsibility to sign/submit time records to certify the accuracy of all time
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recorded. Any errors in the time record should be reported immediately to a supervisor.
2-5. Overtime and Compensatory Time
Like most successful operations, The City of McHenry experiences periods of extremely high activity.
During these busy periods, additional work is required from all of us. Supervisors are responsible for
monitoring activity and requesting overtime work if it is necessary. Effort will be made to provide
employees with adequate advance notice in such situations.
As governed by the Fair Labor Standards Act (FLSA) any non-exempt employee who works overtime
will be compensated at the rate of one and one-half times (1.5) their normal hourly wage for all time
worked in excess of 40 hours each week, unless otherwise required by law.
Employees covered by a collective bargaining agreement will have overtime earned and paid
according to the Agreement.
Employees may work overtime only with prior management authorization.
For purposes of calculating overtime for non-exempt employees, the workweek begins at 12 a.m. on
Sunday and ends 168 hours later at 12 a.m. on the following Sunday.
Compensatory Time
This policy applies to employees not covered under a collective bargaining agreement.
The City may grant compensatory time for overtime hours worked up to forty (40) hours of
compensatory time per employee in any given calendar year. Compensatory time must be requested
by the employee and agreed upon by the Department Head.
Compensatory time equals 1.5 hours for each hour of overtime worked.
Department Heads will establish when and in which time increments compensatory time off shall be
taken.
Accumulated compensatory time not taken by the end of the calendar year shall be verified by
payroll and paid to the affected employee on the first scheduled payroll in the next calendar year.
2-6. Deductions from Exempt Employees Salaries
It is The City of McHenry's policy and practice to accurately compensate employees and to do so in
compliance with all applicable state and federal laws. To ensure proper payment and that no
improper deductions are made, employees must review pay stubs promptly to identify and report all
errors.
Those classified as exempt salaried employees will receive a salary which is intended to
compensate them for all hours they may work for The City of McHenry. This salary will be
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established at the time of hire or classification as an exempt employee. While it may be subject to
review and modification from time to time, such as during salary review times, the salary will be a
predetermined amount that will not be subject to deductions for variations in the quantity or quality of
the work performed.
Under federal and state law, salary is subject to certain deductions. For example, unless state law
requires otherwise, salary can be reduced for the following reasons:
full-day absences for personal reasons;
full-day absences for sickness or disability if the deduction is made in accordance with a bona
fide plan, policy or practice of providing wage replacement benefits for such absences
(deductions also may be made for the exempt employee's full-day absences due to sickness
or disability before the employee has qualified for the plan, policy or practice or after the
employee has exhausted the leave allowance under the plan);
full-day disciplinary suspensions for infractions of our written policies and procedures;
Family and Medical Leave Act absences (either full- or partial-day absences);
to offset amounts received as payment from the court for jury and witness fees or from the
military as military pay;
the first or last week of employment in the event the employee works less than a full week;
and
any full work week in which the employee does not perform any work.
Salary may also be reduced for certain types of deductions such as a portion of health, dental or life
insurance premiums; state, federal or local taxes; social security; or voluntary contributions to a tax
deferred retirement or pension plan, or any other elected or requested deduction.
In any work week in which the employee performed any work, salary will not be reduced for any of
the following reasons:
partial day absences for personal reasons, sickness or disability;
an absence because the City has decided to close a facility on a scheduled work day;
absences for jury duty, attendance as a witness, or military leave in any week in which the
employee performed any work (subject to any offsets as set forth above); and
any other deductions prohibited by state or federal law.
However, unless state law provides otherwise, deductions may be made to accrued leave for full- or
partial-day absences for personal reasons, sickness or disability.
If employees believe they have been subject to any improper deductions, they should immediately
report the matter to a supervisor. If the supervisor is unavailable or if the employee believes it would
be inappropriate to contact that person (or if the employee has not received a prompt and fully
acceptable reply), they should immediately contact Human Resources.
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2-7. Your Paycheck
Employees will be paid bi-weekly for all the time worked during the past pay period.
Payroll stubs itemize deductions made from gross earnings. By law, The City of McHenry is required
to make deductions for Social Security,Medicare, federal income tax, state income tax, and any other
appropriate taxes or deductions. These required deductions also may include any court-ordered
garnishments. Payroll stubs also will differentiate between regular pay received and overtime pay
received.
If there is an error in any employee's pay, the employee should bring the matter to the attention of
the Payroll Specialist immediately so the City can resolve the matter quickly.
Pay will be given/direct deposited only to the employee, unless the employee authorizes in writing
that another person may accept their pay.
2-8. Direct Deposit
The City of McHenry strongly encourages employees to use direct deposit. Direct Deposit
authorization forms are available from Human Resources.
2-9. Salary Advances
The City of McHenry does not permit advances on paychecks.
2-10. Performance Appraisals
Performance appraisals shall be conducted annually for all full time and part-time employees. The
City is committed to providing and maintaining a competitive compensation plan, however a positive
performance evaluation does not guarantee an increase in wages, a promotion or continued
employment. Annual compensation increases are approved by the City Council through the budget
process. The terms and conditions of employment, including job assignments, transfers, promotions,
and demotions are determined by and at the discretion of City Administration.
Performance appraisals should be completed annually by the end of the budget year, April 30.
In addition to these formal performance evaluations, the City encourages employees and supervisors
to discuss job performance on a frequent and ongoing basis.
2-11. Internal & External Job Postings
The City of McHenry is dedicated to assisting employees in managing their careers and reaching
their professional goals through promotion and transfer opportunities. This policy outlines the criteria
which is in place for employees. To be eligible to apply for an open position, employees must meet
the following requirements:
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be a current, regular, full-time or part-time employee;
have been in current position for at least six (6) months;
maintain a performance rating of satisfactory or above;
not be on conduct/performance-related probation or warning;
meet the job qualifications listed on the job posting; and
provide their current manager with notice prior to applying for the position.
If employees find a position of interest on the job posting website and they meet the eligibility
requirements, an internal on-line job posting application must be completed in order to be considered
for the position. Not all positions are guaranteed to be posted. The City reserves the right to seek
applicants solely from outside sources or to post positions internally and externally simultaneously.
For more specific information about the program, please contact the Human Resources Department.
2-12. Separation from Employment
Separation from employment may be accomplished by resignation, release, discharge and
retirement:
Resignation: Voluntary separation initiated by the employee resignations are irrevocable. All
written and verbal resignations should be considered automatically accepted when tendered by or on
behalf of an employee and may not be revoked or withdrawn by the employee.
Any written or verbal notices of resignation should be given to the immediate supervisor. The
supervisor should then notify the respective department head and the Human Resources Director.
While employees may resign at any time with or without notice to the City, the City requests that, if
possible, departing employees submit a written resignation with ten working days' notice for non-
supervisory employees and twenty working days for supervisory employees.
Release: Involuntary separation initiated by the City because of the elimination of position or lack of
work. Should the employee be released as defined above, the employee may be given advance
notice (i.e., ten working days for non-supervisory and twenty working days for supervisory
personnel) or, in lieu of such advance notice, may be paid the equivalent number of days as
severance pay upon the employee's execution of a release, waiver and settlement agreement.
Discharge: Involuntary termination initiated by the City other than because of the elimination of
position or lack of work.
Retirement: Voluntary separation in accordance with provisions of the I.M.R.F. or Police Pension
Retirement Plan.
Separation Pay
Upon separation the employee may receive the following amounts unless otherwise reduced as
specified below:
Pay for work performed through the last day worked.
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Pay for any accrued but unused vacation days.
Retirees and estates of a deceased employee may receive the full vacation allowance for that
entire calendar year.
Pay for sick day allowance, as follows:
An employee with less than 40 days of accumulated sick leave should not receive any
cash payments for accumulated sick leave.
Retiring employees with a minimum of 12 full years of service to the City and have a
minimum of 40 days to a maximum of 100 days accumulated sick leave on the date of
employment separation, may receive cash compensation for one-half of the
accumulated sick leave up to 50 days. Upon the death of an employee meeting these
same requirements, a cash distribution may be made to the employee's spouse or
beneficiaries.
Reductions in Separation Pay
Separation pay shall be reduced by the following:
Required legal deductions;
Authorized Pension Plan and United Way Fund deductions; and
Medical insurance premiums payable for that payroll period;
Upon separation, an employee shall be responsible for reimbursing the City for the following:
The value of City property not returned or the cost of repair for City property damaged by the
employee;
Monetary compensation for vacation time used but not earned;
Un-refundable tuition for a pending course of instruction not completed on the date of
separation;
Any and all remaining obligations.
Separation pay will be issued through normal payroll distribution.
2-13. Rehired Employees
If a former employee is rehired within twelve (12) months of the employee's separation date, the
employee may receive service credit for the prior employment period when calculating vacation and
sick time. For example, an employee rehired in December of the current year that left with nine
years of service in January of the current year may accrue vacation time at the level of a nine year
employee. In addition, if the employee had 80 hours of sick time in the sick time bank at the time of
separation, the employee's previously accrued sick time may be reinstated upon rehire. However, if
the employee had retired from the City and cashed out his sick time as part of the severance
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package, the employee should start with zero hours in the sick bank upon their rehire. No service
credit shall be granted for the period since the employee's last employment date with the City.
Retirement benefits will be applied in accordance with I.M.R.F. or Police Pension Retirement Plans.
2-14. Training and Tuition Reimbursement
Training
The City recognizes that attendance at and participating in seminars or conferences is a valuable
method for updating job knowledge, skills, and abilities. Requests by employees to attend seminars,
conferences, workshops, conventions, and the like should be submitted through their immediate
supervisor for review and approval.
Expenses for City-required or permitted training sessions, including fees, supplies, and books, may
be reimbursed by the City. Travel, lodging, meals, and other related costs may be reimbursed
pursuant to the City's travel expense policy. Only the actual time spent in such training shall be
included in the hours of work for the purposes of calculating an employee's compensation during the
period of training. Overtime pay for time spent traveling to and from training sessions shall be as
governed by the Fair Labor Standards Act.
Employees attending City-required training conferences, seminars, and the like may be required to
submit a report to their Department Head or in the case of a Department Head, to the City
Administrator, summarizing and reviewing the topics and information received, including a
recommendation on the value of the training for City programs, along with any additional information
requested by the Department Head or City Administrator.
Any employee attending any conference, meeting, class, seminar, convention, or similar occasion as
a representative of the City of McHenry is expected to conduct him/her self in a manner as if he/she
was still at work. Any improper conduct will be treated as if it occurred during regular working hours
and may be subject to disciplinary action, up to and including immediate termination of employment.
Funds available for training and tuition reimbursement are dependent upon approved budgets.
Tuition Reimbursement
Regular full-time employees enrolled in a degree program or a course directly related to municipal
business or to the employee's position may request tuition reimbursement from the City. Before
reimbursement may be granted, the employee must submit the appropriate form for written approval
from his/her Department Head and the City Administrator prior to the beginning of the school
session. The City Administrator shall make the final determination regarding whether a course or
degree program is job-related and may deny any request for reimbursement that is not classified as
such.
Reimbursement may be made for tuition, required books, or required class materials, upon
submission of written receipts for same, only after completion of the course or training session and
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earning a grade of C or higher. If a course is graded as Pass/Fail, then a "Pass" grade shall be
required. Certification of completion of the class and a grade report must be submitted prior to
reimbursement.
Tuition reimbursement does not include mileage, activity or student fees, meals, lodging, parking,
tolls, general supplies, or other incidental expenses. Reimbursement of tuition and/or completion of
such training shall not be construed as guaranteeing that an employee will be retained, promoted, or
advanced.
Courses or programs that may be eligible for reimbursement include classes offered by an
accredited college, university, or technical school, courses offered as part of an adult continuing
education program, and courses offered by a professional educational or training company or facility.
Training or classes which an educational institution requires to be taken to satisfy general degree
requirements and which are not directly related to the specialization or major of a degree program
will not be considered for reimbursement.
Employees enrolling in educational courses are encouraged to take advantage of and pursue other
financial sources, such as grants, scholarships, veterans benefits, and fellowships that they are
eligible to apply for or receive. The City will consider the difference between any financial aid
awarded and the actual cost of tuition for reimbursement.
The maximum amount of tuition or training reimbursement that may be paid to any employee is three
thousand,($3,000) in any one fiscal year. In the event that funding is not available in the budget or
has already been expended for any fiscal year, but all other requirements are met, employees are
encouraged to re-submit the request during the following fiscal year.
Employees wishing to participate in our Tuition Reimbursement Program will be required to sign a
Tuition Reimbursement Refund Agreement. This agreement will be provided when your request is
granted. Employees who receive tuition reimbursement must remain employed by the City for 24
months from class completion or repay a pro-rated amount of the tuition reimbursement.
2-15. Remote Work/Telecommuting
The City of McHenry may allow employees to work remotely if their job duties and work performance
are determined to be eligible for remote work. Eligibility will be decided on a case-by-case basis by
the City. Employees also may be required to work remotely during periods of public health
emergencies if government orders and mandates recommend such work.
This policy provides general information regarding remote work/telecommuting. Employees who are
approved to work remotely should meet with their supervisor for specific details of their remote
work/telecommuting arrangement, such as expected work hours, equipment needed, and other
important information.
Any remote work/telecommuting arrangement may be discontinued by the City at any time and at the
discretion of the City. Employees also may discontinue the arrangement.
At-Will Employment
This policy and any individual agreement addressing this work arrangement do not create a contract
of employment and are not intended to be considered or construed as a promise of continued
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employment. Employment is at will and may be discontinued at any time by the City or employee
without notice, cause, or liability.
Hours of Work
Scheduled hours of work will be set by the employees' manager or supervisor. Employees should
maintain regular contact with their supervisors and managers.
Nonexempt employees must accurately record all hours worked pursuant to the City's timekeeping
system and take rest and meal breaks as if in the City's workplace and as required by law.
Nonexempt employees may not work beyond scheduled working hours (including working more than
40 hours in a workweek) without prior, written authorization from their manager or supervisor.
Location
Employees will provide, at their expense, a secure, dedicated work area. Employees are responsible
for maintaining the work area in a safe, secure, and nonhazardous condition at all times. Employees
will maintain security devices and procedures necessary to prevent use by unauthorized persons,
including by preventing the connection of any City-furnished computer system, network, or database
to any computer, network, or database other than a computer, network, or database to which
connections are provided or authorized by the City.
Duties
Employees are expected to follow all existing City policies and procedures. The duties, obligations,
responsibilities, and conditions of employment with the City remain unchanged. Employees must
stay engaged with work throughout the workday and be fully available during normal business hours.
If employees do not successfully perform their job duties remotely, this arrangement will be revoked.
Employees are expected to follow existing City policies with respect to scheduled and unscheduled
time off, including the obligation to speak with their manager or supervisor before the scheduled start
time in the event of an unscheduled absence, tardy, or early departure.
Accidents and Injuries
Employees agree to maintain safe conditions in the remote work space and to practice the same
safety habits and rules applied on City premises. If employees incur an injury arising out of the
course and scope of the assigned job duties while working in the remote work space, the workers'
compensation provisions in place for the state in which the employees are working will apply.
Employees must notify their supervisor or manager immediately and complete all necessary and/or
requested documents regarding the reported injury. The City assumes no responsibility for injuries
occurring in the remote work space outside normal working hours or for injuries that occur as a result
of a reasonably recognizable unsafe remote work space.
Equipment
Employees agree to use electronic equipment that has been encrypted and meets all of the City's
security requirements. If the City provides equipment for home use, employees agree to provide a
secure location for City-owned equipment and will not use, or allow others to use, such equipment
for purposes other than City business. Employees have no expectation of ownership in such
equipment, linkages, property, or other items installed or provided by the City. The City will bear the
expense of removal of any such equipment, linkages, and installations provided by the City upon the
termination of the remote work/telecommuting arrangement but not modification of or repairs to the
work location. Employees hereby release the City from any damage or liability incurred in the
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installing or removal of the equipment provided by the City.
Return of City Property
All equipment, records, and materials provided by the City will remain City property. Employees
agree to return City equipment, records, and materials upon request. All City equipment will be
returned by employees for inspection, repair, or replacement as needed or requested or immediately
upon termination of the remote work/telecommuting arrangement. All equipment must be returned
within five (5) business days of written notice to the employees.
Expenses
Upon presentment of receipts and in accordance with the Business Expense Reimbursement policy,
the City will reimburse employees for certain preapproved expenses.
Regular household utility charges, such as electricity, water, phone, Internet service, auto,
homeowners' insurance, etc., are not reimbursable unless state law requires reimbursement.
Confidentiality
Employees agree that they are subject to the City's policies prohibiting the nonbusiness use or
dissemination of the City's confidential business information. Employees will take all appropriate
steps to safeguard the City's confidential business information, including segregating it from personal
papers and documents, not allowing nonemployees to access such information, and keeping such
information in locked drawers or file cabinets when not in use. Employees will maintain confidential
information, including, but not limited to, information regarding the City's products or services,
processing, marketing and sales, client lists, client e-mail addresses and mailing addresses, client
data, orders, memoranda, notes, records, technical data, sketches, designs, plans, drawings, trade
secrets, research and development data, experimental work, proposals, new product and/or service
developments, project reports, sources of supply and material, operating and cost data, and
corporate financial information.
2-16. Reimbursement For Expenses
Employees that incur out-of-pocket expenses while attending conference, training or educational
programs approved by the City should be reimbursed as follows:
Mileage - The current IRS per mile rate
Meals - The Human Resources office will publish the limits for meals guided by the current
rate recommended by GSA (U.S. General Services Administration) http://www.gsa.gov on an
annual basis.
Overnight Lodging - If not packaged with conference registration, the current rate
recommended by the GSA and prior approval of City Administrator or Director.
Other Expenses - Must be approved in advance by City Administrator or Director
Paid receipts are required for all reimbursements other than mileage and tolls. Receipts must
accompany an itemized statement of expenses and be approved by the City Administrator or
Department Director. Expenses incurred by the City Administrator must be approved by the Mayor
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and Finance Director. All expense reimbursement requests must be submitted within 30 calendar
days of the event.
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Section 3 - Benefits
3-1. Benefits Overview
It is The City of McHenry's goal to provide good working conditions, equitable pay, and a
combination of supplemental benefits to all eligible employees. These benefits include time-off
benefits, such as vacations and holidays, insurance and other plan benefits. We are constantly
studying and evaluating our benefits programs and policies to better meet present and future
requirements. These policies have been developed over the years and continue to be refined to keep
up with changing times and needs.
The next few pages contain a brief outline of the benefits programs The City of McHenry provides
employees and their families. The information presented here is intended to serve only as guidelines.
The description and details of those plans are spelled out in the City's Insurance Benefit Guide and
official plan documents, which are available for review upon request from Human Resources. The
provisions of the plans, including eligibility and benefits provisions, are summarized in the summary
plan descriptions ("SPDs") for the plans. Summary plan descriptions may be revised as necessary.
The terms of the official plan documents shall govern over the language of any descriptions of the
plans, including the SPDs and this manual.
Further, The City of McHenry and the Human Resources Department retains full discretionary
authority to interpret the terms of the plans, as well as full discretionary authority with regard to
administrative matters in connection with the plans and all issues concerning benefit terms, eligibility
and entitlement.
While the City intends to maintain these employee benefits, it reserves the absolute right to modify,
amend or terminate these benefits at any time and for any reason.
If employees have any questions regarding benefits, they should contact Human Resources.
3-2. Paid Holidays
Full-time employees under City Administration will be paid for the following holidays:
New Year's Day
President's Day
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Day after Thanksgiving
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Christmas Eve
Christmas Day
Holidays for employees who work under the FOP Collective Bargaining Agreements, and the IUOE
Local 150 Collective Bargaining Agreement, are guided by those Agreements.
Holidays that fall or are celebrated on a regular work day entitle eligible employees to receive one
(1) day's pay at their regular straight-time rate. Eligible employees who are called in to work on a
holiday will receive one (1) day's pay at their regular straight-time rate, and an additional payment of
straight-time for the actual time they work that day. Employees under a Collective Bargaining
Agreement will be paid according to the Agreement.
Employees that work less than eight hour regularly scheduled days and are eligible for holiday pay
will receive holiday pay equal to their regularly scheduled work hours. For example if an employee
works six hours per day and is eligible for holiday pay under the ACA, the employee will receive six
hours of holiday pay.
Holidays Occurring On The Weekend
Recognized holidays that fall on a Saturday will be observed on the previous Friday. Recognized
holidays that fall on a Sunday will be observed on the following Monday.
If a holiday falls within an eligible employee's approved vacation period, the eligible employee will be
paid for the holiday (at the regular straight-time rate).
Religious Holidays Not Observed by the City
An employee who wishes to take a day conforming to religious beliefs that is not included in the
above list, may request the day in writing from their department head. Requests must be made a
minimum of seven days in advance and be approved by the department head. Employees may take
this day as a personal day, vacations day, or without pay and should be documented as such in the
time keeping system. Department heads should not deny reasonable requests for time off to
accommodate religious beliefs.
3-3. Paid Vacation
The City of McHenry may provide a vacation benefit to regular full-time employees which allows for
an employee's regular, base salary to be paid to the employee while the employee is on vacation.
The annual vacation benefit that an employee may receive is tied to seniority as shown in the
following:
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Seniority with City of
McHenry
Regular Full Time
Employee
Employees eligible under ACA but
less than 40 hours
Less than 6 years 80 hours 40 hours
6 years but less than
13 years 120 hours 60 hours
13 years but less
than 20 160 hours 80 hours
20 years or more 200 hours 100 hours
An employee accrues (earns) vacation time on a monthly basis. For example, a new employee
earning two weeks of vacation time per year, accrues approximately 6.67 hours of vacation time per
month. Regardless of when the vacation time is posted to an employee's account, vacation time is
accrued on a monthly basis.
Vacation accrual should begin on the employee's first day of employment. The employee's
anniversary date, rather than the calendar year, will be used to calculate vacation benefits. If an
employee transfers from full-time to part-time status (or vice versa), the vacation time rate of accrual
for such employee will be pro-rated on the basis of the number of days of service in each category of
such regular employment.
Employees that leave employment with the City prior to completion of their probationary period,
including an extended probationary period, are not entitled to payout of accrued vacation time.
Posting of Vacation Accruals
All vacation accruals may be posted on an annual basis. Employees may have their annual vacation
time posted to their account on their first year anniversary and on each subsequent January 1st. As
such, an employee may have vacation time posted to his or her account on January 1st which has
not been fully earned. While employees may be allowed to take vacation time posted to their
account which has not been fully earned, vacation time is fully earned only on the anniversary
date of the employee.
When Vacation Time Can Be Used.
Employees may not use vacation time until it has been posted to the employee's account unless
other provisions are explicitly addressed in this section. Once the vacation time has been posted,
the employee may be eligible to use the vacation time subject to the approval of vacation requests
as explained elsewhere in this policy.
Borrowing Vacation Time.
After six months of employment, a new regular full-time employee may use up to 40 hours of
vacation time prior to the posting of the vacation accrual on the employee's anniversary date. The
use of any "borrowed" time may cause the employee's vacation accruals to have a negative
balance.
Vacation Time Benefit Upon Separation.
When an employee resigns, is terminated or leaves the employ of the City of McHenry for any
reason other than retirement, all earned but unused vacation time will be provided to the employee in
the form of a cash payment. However, only vacation pay which has been earned will be paid to the
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employee regardless of what has been posted to the employee's account.
For example: if an employee has an anniversary date of March 1st, has two weeks of vacation time
posted on January 1st and resigns effective January 1st, the employee would receive payment for
only 10 months of vacation earned despite having 12 months posted as of January 1st. The
calculation of vacation pay would be based on the employee's wage rate at the time of separation.
Vacation Carryover.
Employees may carry up to 40 hours of unused vacation time over into the next calendar year upon
the approval of the department head (or City Administrator in the case of a department head
requesting vacation carryover). All vacation time carried over should be used by a date determined
by the department head.
Method of Computing Vacation Pay:
Each day of vacation pay shall be based on an eight hour day multiplied by the employee's base
earnings per hour, excluding overtime earnings, on the day the vacation is taken.
Scheduling Vacation Days.
Vacations must be approved by the supervisor or department head. Vacations will be taken at such
times of the year as will not unduly interfere with the efficient operations of the department.
Each employee who is eligible for a paid vacation shall, submit their vacation request in the time and
attendance system according to department policy and/or collective bargaining agreement.
Vacation time must be taken in blocks of time of no less than four hour increments If a conflict arises
in scheduling departmental employee vacations, consideration will be given to the seniority of the
employees concerned applicable collective bargaining agreement, the employees' work loads, the
needs of the City as determined by the department head, and the effect on such employees if their
vacation requests are not granted.
Scheduled Holidays During Vacation Time.
Scheduled holidays occurring during an employee's vacation are not counted as vacation time,
provided that the employee would have been eligible to take such holiday had such vacation time not
been taken at the same time.
Use of Vacation Time While on Disability.
A request to receive cash payment for accrued but unused vacation time while an employee is on an
extended disability leave must be made in writing to the employee's immediate supervisor and
approved by the City Administrator.
3-4. Paid Personal Days
Full-time employees are eligible to accrue up to four (4) paid personal days per calendar year on a
pro-rata basis. The table below demonstrates the Personal Days earned during the calendar year in
which a full-time employee is first hired. Additional personal time that must be taken by eligible
employees generally will be unpaid.
Hire Date Personal Days
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Prior to April 1 Four Personal Days (32 hours)
April 1 - June 30 Three Personal Days (24 hours)
July 1 -September 30 Two Personal Days (16 hours)
October 1 - December 31 One Personal Day (8 hours)
Accrued, unused personal days are forfeited at the end of the calendar year and are not paid out at
separation unless otherwise required by law.
Personal days can be taken from (minimum)1/2 hour up to 8 hour increments (full day).
Employees must request prior approval from their supervisor before using personal hours/days.
Management reserves the right in its sole discretion to deny any requests.
3-5. Sick Days
Full-time employees are eligible to accrue up to twelve (12) paid sick days (8 hours each day) per
year. Employees hired before the 15th day of the month will accrue sick time for the hire month.
Employees hired on the 16th day of the month or after will accrue sick time the following month.
Similarly, only employees terminating employment on or after the 16th day of the month will accrue
for the terminating month.
Sick time may be used after it is accrued. There is no advancement of paid sick time. If an
employee does not have sick, personal, or vacation time accrued, sick time must be taken unpaid.
Sick time pay is based on the employees regular rate of straight time pay for the pay period
preceding the use of sick time.
Employees may accrue an unlimited amount of sick time.
If the employees will be out of work due to illness, they must call in and notify their supervisor as
early as possible, but no later than one hour after their scheduled start time. If the employee has not
given advance notice to their supervisor of the absence, the employee must call in each day of
absence. If an employee fails to notify their supervisor of the absence, they will face disciplinary
action up to and including termination.
If the employee does not contact their supervisor for three consecutive work days it is considered job
abandonment and may lead to termination of employment.
If the employees call in sick for three (3) or more consecutive days, they may be required to provide
their supervisor with a doctor's note on the day they return to work. For FMLA purposes, Human
Resources must be notified of absences lasting three days or more.
Pay for sick days upon retirement
Employees who are retiring with a minimum of 12 complete years of service as a full time
employee with the City of McHenry can receive payment for accrued sick days according to the
following criteria:
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A minimum of 40 days up to a maximum of 100 days of accrued sick leave.
Minimum of twelve years of full time service with the City of McHenry on the day of separation
Sick time is paid out at 50%
Upon the death of an employee meeting these criteria, a cash distribution will be made to the
employee's spouse or beneficiary. See the Separations' policy for additional details on deductions
including insurance, taxes, pension, City property, and any other obligation.
3-6. Lactation Breaks
The City of McHenry provides employees who are nursing with reasonable break time to express
breast milk after the birth of a child.
The break time provided must run concurrently with any other break time provided to employees but
to the extent the lactation break does not occur during an otherwise unpaid break such time is paid.
The City will make reasonable efforts to provide a private location in close proximity to the
employee's work area. The City will not retaliate against employees for exercising their rights under
this policy.
3-7. Workers' Compensation
The City provides workers compensation benefits in accordance with the Workers Compensation Act
contained in the Illinois Compiled Statutes. The Illinois Workers Compensation Commission
administers the law, provides information for employees and employers, and resolves disputes.
Report of Injury or Illness
If employees are injured during the course of their job, no matter how slightly, they should report the
incident immediately to their supervisor. The supervisor must notify the department Director and
Human Resources as soon as possible but no later than 24 hours after the injury or illness. All
approved forms such as Employee Report of Injury and Supervisor Report of Injury must be
completed in full and submitted to Human Resources. Failure to follow City procedures may affect
the ability of employees to receive Workers Compensation benefits.
Failure of the employee to report the incident (injury, illness, suspected injury, etc.), or to report for
any physical examination as required or scheduled by the City or its Workers Compensation carrier,
may result in disciplinary action up to and including immediate termination of emplacement.
First Three (3) Days of Lost Time
Under the Workers Compensation Act, no compensation is payable to an employee for a work
related injury for the first three (3) complete work days of employees' incapacity (as authorized by
treating health care provider), unless the period of incapacity continues for 14 or more calendar
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days. If the injured employee is incapacitated for more than 14 calendar days, The City's Workers
Compensation Provider will pay for the first three days retroactively.
Supplemental Compensation For Full Time Employees
Whenever a full time employee is eligible to receive temporary compensation benefits under the
Workers Compensation Act, the City shall pay the employee sum in addition to such temporary
compensation so the total of the temporary compensation benefits and the total of the City paid
supplemental compensation equals the employee's full regular wage. The following schedule will be
used:
For employees having less than three (3) years of prior service - up to six (6) weeks of full
pay.
For employees have three (3) or more years of prior service - up to 120 calendar days of full
pay.
Supplemental Compensation to Police Officers
Supplemental compensation to police officers who are receiving temporary compensation under the
Workers Compensation Act shall be governed by the applicable provisions of the Illinois Compiled
Statutes.
Doctor Appointments for Work Related Injuries
Employees who return to work following a work related injury and continue to receive treatment for
that injury must make every effort to schedule doctor or treatment appointments outside working
hours. If the employee schedules appointments during work hours, benefit time can be used for the
time off work.
Health Insurance Policy
The City's health insurance policy does not cover Workers Compensation claims. Workers
Compensation bills should not be presented to the health insurance carrier for payment.
Benefit Coverage
Sick days, vacation days and personal days will continue to accrue if a benefit eligible employee is
not able to return to work from a work related injury or illness. Health care coverage will also
continue during the first 120 calendar days of workers compensation disability leave. After 120 days
the employee may continue health insurance by making monthly payments for the total cost of
premiums. No sick days, vacation days, holiday or personal days will accrue after the first 120
calendar days.
Pension Service Credit
Continuous service credit toward pension eligibility and vacation eligibility may be granted to an
employee if they return to regular full time work with the City within a two-year period of a workers'
compensation disability. IMRF or Police Pension rules apply to this section.
Return to Work Medical Certification
Prior to returning to work, the employee must provide a satisfactory medical certification confirming
the employee's ability to return to work and perform duties assigned to the employee's position.
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.
3-8. Jury Duty Leave
The City of McHenry realizes that it is the obligation of all U.S. citizens to serve on a jury when
summoned to do so. All employees will be allowed time off to perform such civic service as required
by law. Employees are expected, however, to provide proper notice of any request to perform jury
duty as noted below and provide verification of their service, including fees received for jury duty
service.
Employees also are expected to keep management informed of the expected length of jury duty
service and to report to work for the major portion of the day if excused by the court. If the required
absence presents a serious conflict for management, employees may be asked to try to postpone
jury duty. Employees must return to work when excused from jury duty.
The City may pay employees their regular pay for time taken off for jury duty. In turn, employees will
turn in jury duty compensation (except travel compensation) received by the court to the Finance
Director.
Employees summoned for jury duty must deliver a copy of the summons to the City within 10 days of
the date of issuance of the summons to the employee.
3-9. Witness Leave
Employees called to serve as a witness in a judicial proceeding must notify their supervisor as soon
as possible.
Employees will not be compensated for time away from work to participate in a court case, but may
use available vacation and personal time to cover the period of absence.
Employees attending judicial proceedings in response to a subpoena will not be disciplined for their
absence.
3-10. Bereavement Leave
The death of a family member is a time when employees wish to be with their families. If the
employee is full-time and loses a close relative, the employee will be allowed paid time off of up to 3
days to assist in attending to obligations and commitments. For the purposes of this policy, a close
relative includes people related by blood, marriage or law including a spouse, domestic/civil union
partner, child, parent, sibling, grandparent, grandchild, in-laws, child , parent, grandparent,
grandchild or sibling of spouse/partner, or any other relation required by applicable law.
In the event of the death of an extended family member such as an aunt, uncle, cousin, the
employee may be absent with regular straight time pay for the day to attend the funeral. Paid leave
days may only be taken on regularly scheduled, consecutive workdays following the day of death.
Employees must inform their supervisor prior to commencing bereavement leave. In administering
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this policy, The City of McHenry may require verification of death.
3-11. Child Bereavement Leave
Employees who are eligible for leave under the federal Family and Medical Leave Act (FMLA) and
who suffer the loss of a child may take up to two (2) weeks (10 work days) of unpaid leave for any or
all of the following purposes:
to attend the funeral or alternative to a funeral;
to make arrangements necessitated by the death of the employee's child; or
to grieve the death of the employee's child.
For purposes of this policy, "child" means the employee's son or daughter who is a biological,
adopted or foster child, a stepchild, a legal ward or a child of a person standing in loco parentis.
Leave under this policy is only available to employees who have not exhausted their FMLA leave
entitlement at the time bereavement leave is requested. In the event of the death of more than one
(1) child in a 12-month period, the employee may take up to a total of six (6) weeks of bereavement
leave during the 12-month period. Bereavement leave must be completed within 60 days of the date
on which the employee received notice of the death of the child.
The employee requesting leave under this policy generally must provide The City of McHenry with at
least 48 hours' advance notice of the intention to take bereavement leave, unless providing such
notice is not reasonable and practicable under the circumstances.
Employees may elect to use available paid time off while taking leave under this policy.
The City may require reasonable documentation in connection with leave taken under this policy.
Employees will not be subject to adverse action for exercising rights or attempting to exercise rights
under this policy, opposing practices that they believe to be in violation of this policy or supporting
the exercise of rights of another under this policy.
3-12. Voting Leave
Employees who are eligible to vote in an election may request up to two (2) hours with pay to vote
while polls are open.
Employees whose work hours begin less than two hours after the polls open in Illinois at 6 a.m.
CST on Election Day, and end less than two hours before polls close in Illinois at 7 p.m. CST on
Election Day, are eligible for the two-hour paid leave
Employees must notify The City of McHenry of their intention to vote and request this time off work at
least one (1) week prior to Election Day.
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3-13. Voluntary Emergency Workers Leave
This Act does not apply to the City of McHenry as a municipality with a population of over 7,500.
3-14. Insurance Benefits
Full-time employees may participate in The City of McHenry's group insurance programs, that the
City, within its discretion, may offer. Under these plans, eligible employees may elect comprehensive
health, dental and vision insurance coverage for themselves and their eligible dependents.
Insurance details may be found in the City of McHenry Insurance Benefit Guide or by contacting the
Human Resources Department.
Newly hired employees have a 30-day waiting period for insurance benefits. During this time the
employee will sign up for the City's online benefit system and elect the chosen benefits for
themselves and their dependents. The enrollment is then reviewed and approved by Human
Resources.
Life Event
Employees that experience a life event such as marriage, divorce, birth or adoption of child, death,
etc. have 30 days from the day of the event to change their benefits. Employees must notify Human
Resources immediately of the life event and supply copies of the appropriate legal documents
(marriage license, birth certificate, etc.) to the Human Resources Department.
Health Care Benefits Salary Reduction
The Health Care Benefits Salary Reduction Plan allows eligible employees to pay their share of the
cost of medical, dental and vision care coverage, if any, for dependents and employee's additional
life insurance costs, if any, with pre-tax dollars through salary reduction. An employee's gross salary
would be reduced by the amount of the required contributions for the selected enrolled benefits.
Payroll taxes would be figured on the reduced salary, giving employees the opportunity to reduce
their taxable income. An employee's election to pay these costs through salary reduction will not
affect other benefits provided by the City.
Consolidated Omnibus Budget Reconciliation Act (COBRA)
Under the Consolidated Omnibus Budget Reconciliation Acto of 1986 (COBRA), employees and
qualified beneficiaries on the City's group health plan who lose coverage as a result of a qualifying
event are entitled to elect continuing coverage for a certain period of time. If an employee chooses
to continue the group health insurance, the employee will be responsible to pay the full monthly
premiums to the City plus any additional administrative processing fee as allowed by law and
charged by the City.
Qualifying events include:
1. Death of employee
2. Termination of employee for reasons other than gross misconduct.
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3. Divorce or legal separation.
4. Employee becomes eligible for Medicare.
5. Child dependent ceases to be eligible due to aging out at age 26.
A dependent child born to or placed for adoption with a person already receiving continuing
insurance coverage under COBRA is considered a qualified beneficiary.
When the City's Plan Administrator is notified that one of the above named events has happened,
the Plan Administrator will in turn notify you and your family members about the right to choose
continuation coverage. Under the COBRA law, you and your family members have at least 60 days
from the date coverage would be lost because of one of the events described above to inform the
Plan Administrator that you and/or a family member wants continuation coverage.
If you or your family members do not choose continuation coverage, the group health insurance
coverage will end.
The City of McHenry adheres to the Health Insurance Portability & Accountability Act of 1996
(HIPAA) and the Affordable Care Act of 2010 (ACA)
3-15. Employee Assistance Program
The City of McHenry provides the Employee Assistance Program, which offers qualified counselors
to help employees and their families cope with personal problems they may be facing. Additionally
the Employee Assistance Program offers resources for communication skills, life skills, and financial
skills. Further details can be obtained through Human Resources.
3-16. Retirement Plan
Eligible full time employees are either covered under the Police Pension, or Illinois Municipal
Retirement Fund pension system. Entry into each pension occurs in a new employees first pay
period. Additional information can be obtained from Human Resources, the Police Pension
representative, or www.IMRF.org.
Additionally, the City offers a 457 Retirement Plan in which all employees can voluntarily
participate by making pre-tax contributions. Contact Human Resources if you would like to start
participating in the 457 retirement plan or if you would like to change your contribution.
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Section 4 - Leaves of Absence
4-1. Family and Medical Leave
The Leave Policy
Employees may be entitled to a leave of absence under the Family and Medical Leave Act (FMLA).
This policy provides employees information concerning FMLA entitlements and obligations
employees may have during such leaves. If employees have any questions concerning FMLA leave,
they should contact Human Resources.
I. Eligibility
FMLA leave is available to "eligible employees." To be an "eligible employee," the employee must: 1)
have been employed by the City for at least 12 months (which need not be consecutive); 2) have
been employed by the City for at least 1,250 hours of service during the 12-month period
immediately preceding the commencement of the leave; and 3) be employed at a worksite where 50
or more employees are located within 75 miles of the worksite.
II. Entitlements
As described below, the FMLA provides eligible employees with a right to leave, health insurance
benefits and, with some limited exceptions, job restoration.
A. Basic FMLA Leave Entitlement
The FMLA provides eligible employees up to 12 workweeks of unpaid leave for certain family and
medical reasons during a 12-month period. The 12-month period is determined based on a rolling
12-month period measured backward from the date the employee uses their FMLA leave. Leave
may be taken for any one, or for a combination, of the following reasons:
To care for the employee's child after birth or placement for adoption or foster care;
To care for the employee's spouse, son, daughter or parent (but not in-law) who has a serious
health condition;
For the employee's own serious health condition (including any period of incapacity due to
pregnancy, prenatal medical care or childbirth) that makes the employee unable to perform
one or more of the essential functions of the employee's job; and/or
Because of any qualifying exigency arising out of the fact that the employee's spouse, son,
daughter or parent is a military member on covered active duty or called to covered active
duty status (or has been notified of an impending call or order to covered active duty) in the
Reserves component of the Armed Forces for deployment to a foreign country in support of
contingency operation or Regular Armed Forces for deployment to a foreign country.
A serious health condition is an illness, injury, impairment or physical or mental condition that
involves either an overnight stay in a medical care facility, or continuing treatment by a health care
provider for a condition that either prevents employees from performing the functions of their job, or
prevents the qualified family member from participating in school or other daily activities. Subject to
certain conditions, the continuing treatment requirement may be met by a period of incapacity of
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more than 3 consecutive calendar days combined with at least two visits to a health care provider or
one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to
a chronic condition. Other conditions may meet the definition of continuing treatment.
Qualifying exigencies may include attending certain military events, arranging for alternative
childcare, addressing certain financial and legal arrangements, attending certain counseling
sessions, caring for the parents of the military member on covered active duty and attending post-
deployment reintegration briefings.
B. Additional Military Family Leave Entitlement (Injured Servicemember Leave)
In addition to the basic FMLA leave entitlement discussed above, an eligible employee who is the
spouse, son, daughter, parent or next of kin of a covered servicemember is entitled to take up to 26
weeks of leave during a single 12-month period to care for the servicemember with a serious injury
or illness. Leave to care for a servicemember shall only be available during a single-12 month period
and, when combined with other FMLA-qualifying leave, may not exceed 26 weeks during the single
12-month period. The single 12-month period begins on the first day an eligible employee takes
leave to care for the injured servicemember.
A "covered servicemember" is a current member of the Armed Forces, including a member of the
National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy, is
otherwise in outpatient status or is on the temporary retired list, for a serious injury or illness. These
individuals are referred to in this policy as "current members of the Armed Forces." Covered
servicemembers also include a veteran who is discharged or released from military services under
condition other than dishonorable at any time during the five years preceding the date the eligible
employee takes FMLA leave to care for the covered veteran, and who is undergoing medical
treatment, recuperation or therapy for a serious injury or illness. These individuals are referred to in
this policy as "covered veterans."
The FMLA definitions of a "serious injury or illness" for current Armed Forces members and covered
veterans are distinct from the FMLA definition of "serious health condition" applicable to FMLA leave
to care for a covered family member.
C. Intermittent Leave and Reduced Leave Schedules
FMLA leave usually will be taken for a period of consecutive days, weeks or months. However,
employees also are entitled to take FMLA leave intermittently or on a reduced leave schedule when
medically necessary due to a serious health condition of the employee or covered family member or
the serious injury or illness of a covered servicemember. Qualifying exigency leave also may be
taken on an intermittent basis.
D. No Work While on Leave
The taking of another job while on family/medical leave or any other authorized leave of absence is
grounds for immediate discharge, to the extent permitted by law.
E. Protection of Group Health Insurance Benefits
During FMLA leave, eligible employees are entitled to receive group health plan coverage on the
same terms and conditions as if they had continued to work.
F. Restoration of Employment and Benefits
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At the end of FMLA leave, subject to some exceptions including situations where job restoration of
"key employees" will cause the City substantial and grievous economic injury, employees generally
have a right to return to the same or equivalent positions with equivalent pay, benefits and other
employment terms. The City will notify employees if they qualify as "key employees," if it intends to
deny reinstatement, and of their rights in such instances. Use of FMLA leave will not result in the loss
of any employment benefit that accrued prior to the start of an eligible employee's FMLA leave.
G. Notice of Eligibility for, and Designation of, FMLA Leave
Employees requesting FMLA leave are entitled to receive written notice from the City telling them
whether they are eligible for FMLA leave and, if not eligible, the reasons why they are not eligible.
When eligible for FMLA leave, employees are entitled to receive written notice of: 1) their rights and
responsibilities in connection with such leave; 2) City's designation of leave as FMLA-qualifying or
non-qualifying, and if not FMLA-qualifying, the reasons why; and 3) the amount of leave, if known,
that will be counted against the employee's leave entitlement.
The City may retroactively designate leave as FMLA leave with appropriate written notice to
employees provided the City's failure to designate leave as FMLA-qualifying at an earlier date did not
cause harm or injury to the employee. In all cases where leaves qualify for FMLA protection, the City
and employee can mutually agree that leave be retroactively designated as FMLA leave.
III. Employee FMLA Leave Obligations
A. Provide Notice of the Need for Leave
Employees who take FMLA leave must timely notify the City of their need for FMLA leave. The
following describes the content and timing of such employee notices.
1. Content of Employee Notice
To trigger FMLA leave protections, employees must inform their Supervisor of the need for FMLA-
qualifying leave and the anticipated timing and duration of the leave, if known. Employees may do
this by either requesting FMLA leave specifically, or explaining the reasons for leave so as to allow
the City to determine that the leave is FMLA-qualifying. For example, employees might explain that:
a medical condition renders them unable to perform the functions of their job;
they are pregnant or have been hospitalized overnight;
they or a covered family member are under the continuing care of a health care provider;
the leave is due to a qualifying exigency caused by a military member being on covered active
duty or called to covered active duty status to a foreign country; or
if the leave is for a family member, that the condition renders the family member unable to
perform daily activities or that the family member is a covered servicemember with a serious
injury or illness.
Calling in "sick," without providing the reasons for the needed leave, will not be considered sufficient
notice for FMLA leave under this policy. Employees must respond to the City's questions to
determine if absences are potentially FMLA-qualifying.
If employees fail to explain the reasons for FMLA leave, the leave may be denied. When employees
seek leave due to FMLA-qualifying reasons for which the City has previously provided FMLA-
protected leave, they must specifically reference the qualifying reason for the leave or the need for
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FMLA leave.
2. Timing of Employee Notice
Employees must provide 30 days' advance notice of the need to take FMLA leave when the need is
foreseeable. When 30 days' notice is not possible, or the approximate timing of the need for leave is
not foreseeable, employees must provide the City notice of the need for leave as soon as practicable
under the facts and circumstances of the particular case. Employees who fail to give 30 days' notice
for foreseeable leave without a reasonable excuse for the delay, or otherwise fail to satisfy FMLA
notice obligations, may have FMLA leave delayed or denied.
B. Cooperate in the Scheduling of Planned Medical Treatment, Accepting Transfers to
Alternative Positions, and Intermittent Leave or Reduced Leave Schedules.
When planning medical treatment, employees must make a reasonable effort to schedule treatment
so as not to unduly disrupt the City's operations, subject to the approval of the employee's health
care provider. If employees providing notice fail to cooperate with scheduling, the City may require
employees to attempt to reschedule appointments, subject to the approval of the employee's health
care provider.
When employees take intermittent or reduced work schedule leave for foreseeable planned medical
treatment for the employee or a family member, including during a period of recovery from a serious
health condition or to care for a covered servicemember, the City may temporarily transfer
employees, during the period that the intermittent or reduced leave schedules are required, to
alternative positions with equivalent pay and benefits for which the employees are qualified and
which better accommodate recurring periods of leave.
When employees seek intermittent leave or a reduced leave schedule for reasons unrelated to the
planning of medical treatment, upon request, employees must advise the City of the reason why
such leave is medically necessary. In such instances, the City and employee shall attempt to work
out a leave schedule that meets the employee's needs without unduly disrupting the City's
operations, subject to the approval of the employee's health care provider.
C. Submit Medical Certifications Supporting Need for FMLA Leave (Unrelated to Requests for
Military Family Leave)
Depending on the nature of FMLA leave sought, employees may be required to submit medical
certifications supporting their need for FMLA-qualifying leave. As described below, there generally
are three types of FMLA medical certifications: an initial certification, a recertification and a return
to work/fitness for duty certification.
It is the employee's responsibility to provide the City with timely, complete and sufficient medical
certifications. Whenever the City requests employees to provide FMLA medical certifications,
employees must provide the requested certifications within 15 calendar days after the City's request,
unless it is not practicable to do so despite the employee's diligent, good faith efforts. The City will
inform employees if submitted medical certifications are incomplete or insufficient and provide
employees at least seven calendar days to cure deficiencies. The City will deny FMLA leave to
employees who fail to timely cure deficiencies or otherwise fail to timely submit requested medical
certifications.
With the employee's permission, the City (through individuals other than the employee's direct
supervisor) may contact the employee's health care provider to authenticate or clarify completed and
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sufficient medical certifications. If employees choose not to provide the City with authorization
allowing it to clarify or authenticate certifications with health care providers, the City may deny FMLA
leave if certifications are unclear.
Whenever the City deems it appropriate to do so, it may waive its right to receive timely, complete
and/or sufficient FMLA medical certifications.
1. Initial Medical Certifications
Employees requesting leave because of their own, or a covered relation's, serious health condition,
or to care for a covered servicemember, must supply medical certification supporting the need for
such leave from their health care provider or, if applicable, the health care provider of their covered
family or service member. If employees provide at least 30 days' notice of medical leave, they should
submit the medical certification before leave begins. A new initial medical certification will be required
on an annual basis for serious medical conditions lasting beyond a single leave year.
If the City has reason to doubt initial medical certifications, it may require employees to obtain a
second opinion at the City's expense. If the opinions of the initial and second health care providers
differ, the City may, at its expense, require employees to obtain a third, final and binding certification
from a health care provider designated or approved jointly by the City and the employee.
2. Medical Recertifications
Depending on the circumstances and duration of FMLA leave, the City may require employees to
provide recertification of medical conditions giving rise to the need for leave. The City will notify
employees if recertification is required and will give employees at least 15 calendar days to provide
medical recertification.
3. Return to Work/Fitness for Duty Medical Certifications
Unless notified that providing such certifications is not necessary, employees returning to work from
FMLA leaves that were taken because of their own serious health conditions that made them unable
to perform their jobs must provide the City with medical certification confirming they are able to return
to work and the employees' ability to perform the essential functions of the employees' position, with
or without reasonable accommodation. The City may delay and/or deny job restoration until
employees provide return to work/fitness for duty certifications.
D. Submit Certifications Supporting Need for Military Family Leave
Upon request, the first time employees seek leave due to qualifying exigencies arising out of the
covered active duty or call to covered active duty status of a military member, the City may require
employees to provide: 1) a copy of the military member's active duty orders or other documentation
issued by the military indicating the military member is on covered active duty or call to covered
active duty status and the dates of the military member's covered active duty service; and 2) a
certification from the employee setting forth information concerning the nature of the qualifying
exigency for which leave is requested. Employees shall provide a copy of new active duty orders or
other documentation issued by the military for leaves arising out of qualifying exigencies arising out
of a different covered active duty or call to covered active duty status of the same or a different
military member.
When leave is taken to care for a covered servicemember with a serious injury or illness, the City
may require employees to obtain certifications completed by an authorized health care provider of
the covered servicemember. In addition, and in accordance with the FMLA regulations, the City may
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request that the certification submitted by employees set forth additional information provided by the
employee and/or the covered servicemember confirming entitlement to such leave.
E. Substitute Paid Leave for Unpaid FMLA Leave
Employees must use any accrued paid time while taking unpaid FMLA leave.
The substitution of paid time for unpaid FMLA leave time does not extend the length of FMLA leave
and the paid time will run concurrently with the employee's FMLA entitlement.
Employees may retain five or fewer days of vacation leave during the calendar year.
Leaves of absence taken in connection with a disability leave plan or workers' compensation
injury/illness shall run concurrently with any FMLA leave entitlement. Upon written request, the City
will allow employees to use accrued paid time to supplement any paid disability benefits.
F. Pay Employee's Share of Health Insurance Premiums
During FMLA leave, employees are entitled to continued group health plan coverage under the same
conditions as if they had continued to work. Unless the City notifies employees of other
arrangements, whenever employees are receiving pay from the City during FMLA leave, the City will
deduct the employee portion of the group health plan premium from the employee's paycheck in the
same manner as if the employee was actively working.
If FMLA leave is unpaid, employees must pay their portion of the group health premium through a
method determined by the City upon leave.
IV. Questions and/or Complaints about FMLA Leave
If you have questions regarding this FMLA policy, please contact Human Resources. The City is
committed to complying with the FMLA and, whenever necessary, shall interpret and apply this
policy in a manner consistent with the FMLA.
The FMLA makes it unlawful for employers to: 1) interfere with, restrain or deny the exercise of any
right provided under FMLA; or 2) discharge or discriminate against any person for opposing any
practice made unlawful by FMLA or involvement in any proceeding under or relating to FMLA. If
employees believe their FMLA rights have been violated, they should contact Human Resources
immediately. The City will investigate any FMLA complaints and take prompt and appropriate
remedial action to address and/or remedy any FMLA violation. Employees also may file FMLA
complaints with the United States Department of Labor or may bring private lawsuits alleging FMLA
violations.
V. Coordination of FMLA Leave with Other Leave Policies
The FMLA does not affect any federal, state or local law prohibiting discrimination, or supersede any
State or local law or collective bargaining agreement that provides greater family or medical leave
rights. For additional information concerning leave entitlements and obligations that might arise when
FMLA leave is either not available or exhausted, please consult the City's other leave policies in this
manual or contact Human Resources.
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4-2. Leave for Domestic, Sexual and Gender Violence
In accordance with the Illinois Victims' Economic Security and Safety Act, employees who are the
victims of domestic or sexual violence, or who have family or household members who are the
victims of domestic or sexual violence, may be eligible for up to 12 weeks of unpaid leave within any
12-month period, and upon return will be restored to the same or an equivalent position.
Prior to receiving such leave, the City may require the employee to substitute any and all annual or
vacation leave, personal leave, and sick leave. This substitution of paid leave does not extend the
total allowed leave period but runs concurrently with it. Leave for Victims of Domestic or Sexual
Violence also runs concurrently with Family and Medical Leave when the reason for the leave
qualifies for Family and Medical Leave, such as for a serious health condition. In these situations, the
leave does not extend any unpaid time available to the employee under Family and Medical Leave.
Reasons for Leave
Eligible employees may take Leave for Victims of Domestic or Sexual Violence so that they or a
member of their family or household may take part in one or more of the following actions:
seek medical attention for or recover from physical or psychological injuries caused by
domestic or sexual violence;
obtain services from a victim's services organization;
obtain psychological or other counseling;
participate in safety planning, including temporary or permanent relocation, or other actions
to increase their physical safety or economic security; or
seek legal assistance or remedies to ensure their health and safety.
Notice of Need for Leave
Eligible employees must provide the City with at least 48 hours advance notice of the need for leave,
unless such notice is not practicable.
Certification of the Need for Leave
To request leave, the employee must supply the City with a sworn statement from the employee that
the employee or a family or household member is a victim of domestic or sexual violence and that
leave is necessary for one of the reasons described above.
The employee seeking leave also must provide supporting documentation from one of the following
sources:
a victim's services organization;
a member of the clergy;
an attorney;
a medical professional from which the employee or family or household member has sought
assistance;
a police report or court record; or
any other corroborating evidence.
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Employee Benefits
During an approved leave, the City will maintain the employee's health benefits as if the employee
continued to be actively employed.
If paid time off is substituted for unpaid leave, the City will deduct the employee's portion of the any
applicable health plan premium as a regular payroll deduction.
If the employee's leave is unpaid, the employee must make arrangements with Payroll prior to taking
leave to pay their portion of any applicable health insurance premiums each month.
If the employee elects not to return to work at the end of the leave period, the employee will be
required to reimburse the City for the cost of the health benefit premiums paid by the City for
maintaining coverage during the unpaid leave period, unless the employee cannot return to work
because of continuation, recurrence or onset of domestic or sexual violence or other circumstances
beyond the employee's control.
Intermittent and Reduced Schedule Leave
Unpaid leave may be taken intermittently (in separate blocks of time) or on a reduced leave schedule
(reducing the usual number of hours you work per work week or work day).
Periodic Reports
During a leave, the employee must provide periodic reports (at least every 30 days) regarding the
employee's status and any change in the employee's plans on returning to work.
4-3. Military Leave
The City of McHenry complies with Federal and State military leave laws.
Service member employees are required to give advance notice to Supervisors of pending service.
Effective Jan. 1, 2019, the rights of Illinois employees serving in the military are governed by the
Illinois Service Member Employment and Reemployment Rights Act (ISERRA), Public Act 100-1101.
While much of ISERRA is modeled after the federal Uniformed Services Employment and
Reemployment Rights Act of 1994 (USERRA), the Illinois statute provides additional protections
beyond USERRA, as described below.
ISERRA expands upon USERRA's definition of "military service" to include the following:
Service in a federally recognized auxiliary of the United States Armed Forces when performing
official duties in support of military or civilian authorities as the result of an emergency.
Service covered by the Illinois State Guard Act.
A period during which service members are absent from employment for medical or dental
treatment related to a condition, illness or injury sustained or aggravated during a period of
active service.
Under ISERRA, a service member who is absent on military leave must be credited with the average
of his or her efficiency or performance ratings or evaluations received over the three years preceding
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the leave, but in no case can the average rating be less than the rating that the employee received
for the last rating period preceding his or her leave.
ISERRA provides that during periods of military leave for annual training, public employees shall
continue to receive full, "concurrent" compensation for up to 30 days per calendar year.
Furthermore, during periods of military leave for active service, public employees shall receive
"differential compensation," which, under ISERRA, means "pay due when the employee's daily
rate of compensation for military service is less than his or her daily rate of compensation as a public
employee." ISERRA provides specific provisions regarding the calculation and applicability of
differential compensation and caps differential compensation at 60 workdays per year.
4-4. Family Military Leave Act
The City of McHenry will grant eligible employees up to 30 days of unpaid family military leave if their
spouse or child is called to military service with the State or the United States for more than 30 days.
Family military leave must be taken during the time federal or state deployment orders are in effect.
To be eligible, the employee must have been employed for at least 12 months and have worked at
least 1,250 hours during the 12-month period immediately preceding the request for family military
leave. Employees may take family military leave only if they have exhausted all accrued vacation,
personal, compensatory and other leave, except sick and disability leave.
The request for leave must be made at least 14 days in advance if the leave will consist of five (5) or
more consecutive work days. If the leave will consist of less than five (5) days, the request must be
made with as much advance notice as is practicable.
Employees that take family military leave may elect to continue benefits at their own expense during
the leave.
Employees that take family military leave will be reinstated to the position they held before
commencing leave, or to a position with equivalent seniority, status, employee benefits, pay and
other terms and conditions of employment.
Employees must provide certification from the proper military authority to verify their eligibility for the
family military leave requested.
4-5. School Visitation Leave
Parents and guardians having custody of schoolchildren from kindergarten through Grade 12 are
provided up to eight (8) hours per year of unpaid time off (not to exceed four (4) hours in any single
day) to attend school conferences or classroom activities related to the child if the conference or
classroom activities cannot be scheduled during nonwork hours. The City of McHenry may require
proof that the employee attended school conferences or classroom activities related to the child.
Employees first must exhaust all accrued paid time off, then they may take unpaid time off for this
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purpose. However, employees will be given the opportunity to make up any lost work time. Seven (7)
days' written notice (except in emergency situations when 24-hours' notice is sufficient) must be
given to the supervisor or manager before taking any time off for school children. Employees must
consult with the City to schedule their leave so as not to unduly disrupt operations.
4-6. Discretionary Leave of Absence for Non-Represented Employees
Regular full-time and regular part-time employees not represented by a collective bargaining
agreement may be eligible for leaves of absence.
The employee must first use all accrued paid benefit time.
The leave of absence will be without pay.
Discretionary leave of absence must not conflict with FMLA
Requests for leaves of absence must be presented in writing to the employee's Director and
Human Resources.
Written requests must include reason for request, length of leave, contact information while on
leave, and any applicable medical documentation if necessary. Medical documentation will be
kep confidential in the employee file in Human Resources.
Requests for leaves of absence without pay may be approved for periods of up to thirty (30) days.
Extension of a leave of absence must be requested in writing and may not be for a longer period of
time than the original leave.
Benefits While on Approved Leave of Absence
Any employee granted a leave of absence without pay may keep their group life, group health
insurance, and pension plans in full force during the leave by arranging for payment of the
premiums/deductions during the absence.
Such arrangements must be made with the Human Resources prior to going on leave. Failure to
make such arrangements, or failure to timely make the required payments, will result in cancellation
of the benefits. If a benefit is cancelled, the rules and regulations of the carrier or provider will be
observed if the employee returns and seeks reinstatement of coverage.
Employees covered under IMRF pension must consult IMRF, www.IMRF.org for forms and process
for Benefit Protection Leave. Employees covered under Police Pension must contact the Police
Pension representative for details.
Returning to Work From a Leave of Absence
Employees considering a leave of absence must be aware that once all the employee's accrued
benefit time has been utilized, the City is not required and may decide not to hold their job open for
them during the remainder of the leave. There is no assurance of reinstatement to employment in
any capacity at the conclusion of the leave. If there is an open position for which the employee is
qualified at the conclusion of his or her leave, the employee, along with all other qualified candidates,
may be considered for the position.
Should the City of McHenry reinstate an employee upon conclusion of a leave of absence, the
employee may resume the accrual of benefits at the rates of accrual prior to taking the leave of
absence. The employee's previous time worked may be included in calculations of seniority
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provided the leave of absence is less than one year in duration. Benefit accumulation and length of
service (seniority) will not include time spent on leave of absence. Employees returning from a leave
of absence may be reinstated at the same base rate of pay that was in effect prior to the beginning of
the leave of absence if returning to the same position.
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Section 5 - General Standards of Conduct
5-1. Employee Conduct
The City of McHenry endeavors to maintain a positive work environment. Each employee plays a
role in fostering this environment. Accordingly, we all must abide by certain rules of conduct, based
on honesty, common sense and fair play.
Because everyone may not have the same idea about proper workplace conduct, it is helpful to
adopt and enforce rules all can follow. Unacceptable conduct may subject the offender to disciplinary
action, up to and including discharge, in the City's sole discretion. The following are examples of
some, but not all, conduct which is considered unacceptable:
Obtaining employment on the basis of false or misleading information, falsifying employment1.
records.
Stealing, removing or defacing The City of McHenry property or a co-worker's property.2.
Disclosure of confidential information.3.
Dishonesty, theft, fraud, or embezzlement.4.
Conviction of any felony.5.
Accepting gifts or gratuities for providing municipal services, violation of the State Gift Ban Act.6.
Soliciting or accepting a bribe or any gratuity, gift, present, reward or other thing of value in7.
return for the performance of the employee's official duties, or for not performing such duties.
Reporting to work under the influence of alcohol or non-prescribed drugs; possessing,8.
distributing, or consuming alcohol or non-prescribed drugs while on duty or on Municipal
premises.
Completing another employee's time records, unless authorized by a supervisor.9.
Violation of safety rules and policies, engaging in horseplay, creating unsafe or unsanitary10.
conditions.
Failing to uphold the values of the City of McHenry, and it's customer service commitment to11.
the public including, swearing in public, swearing at or degrading employees, bullying or
name-calling, use of obssene, abusive or threatening language or gestures, or any other
socially unacceptable behavior.
Violation of The City of McHenry's Drug and Alcohol-Free Workplace Policy, Anti-Harassment12.
Policy, Sexual Harassment Policy, Equal Employment Opportunity Policy, Americans with
Disabilities Act Policy.
Fighting, threatening, or disrupting the work of others or other violations of The City of13.
McHenry's Workplace Violence Policy.
Refusal to follow lawful instructions of a supervisor.14.
Insubordination - refusal to follow orders and instructions directly related to the performance15.
of your job.
Violation of the Punctuality and Attendance Policy, including but not limited to irregular16.
attendance, habitual lateness or unexcused absences.
Gambling on City property.17.
Willful or careless destruction or damage to City assets or to the equipment or possessions of18.
another employee.
Wasting work materials.19.
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Falsifying City documents.20.
Performing work of a personal nature during working time.21.
Violation of the Solicitation and Distribution Policy.22.
Violation of the Communication and Computer Systems Policy.23.
Unsatisfactory job performance.24.
Refusal to work overtime.25.
Leaving assigned work area during regular work hours without permission.26.
Violation of any IT policy including inappropriate and/or unauthorized use of electronic27.
equipment including computers, tablets, laptops, cell phones, and any other device. This
includes violation of electronic communication protocol including e-mail, Internet, Intranet, and
other software.
Any other violation of City policy, misconduct, or impropriety not specifically listed above.28.
Obviously, not every type of misconduct can be listed. Note that all employees are employed at-will,
and The City of McHenry reserves the right to impose whatever discipline it deems necessary, on a
case by case basis. The City will investigate each situation individually and nothing in this manual
should be construed as a promise of specific treatment in a given situation. However, The City of
McHenry will endeavor to utilize progressive discipline but reserves the right in its sole discretion to
terminate the employee at any time for any reason.
The observance of these rules will help to ensure that our workplace remains a safe and desirable
place to work.
5-2. Political Activities related to Employee Conduct
Employees of the City serve all City residents equally and have certain responsibilities to residents.
A City employee also has rights as a citizen and is allowed to participate in political activities.
The political opinions or affiliations of any resident shall in no way affect the amount or quality of
services received from or provided by the City.
An individual's political affiliation, preference, or opinion will not, in any way, influence the hiring or
any other term or condition of employment of a City employee.
The following guidelines will be used in defining political activity within the community:
1. No employee who is a candidate for an elective office shall engage in any campaign activities
while at work or while performing work related duties, or in any other way coerce or influence, or
attempt to coerce or influence, others to endorse his or her campaign, to vote for him or her, or to
engage in any other political activities on his or her behalf while the employee is at work or
performing work related duties.
2. No employee shall use his or her position with the City to endorse a candidate for political office or
a referendum issue.
3. No City employee shall, during working hours or while on duty, take active part in any political
campaign. Political activities are not prohibited, but must be confined to non-working hours.
4. Employees of the City shall not, during working hours or while on duty, directly or indirectly,
demand, solicit, collect, or receive any assessment, subscription, or contribution, whether voluntary
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or involuntary, intended for any political purpose whatsoever from fellow employees or from the
general public.
5. No employee of the City shall use his or her position as a City employee to attempt to solicit votes
for any candidate for office or to lend credence to any such solicitation for any candidate for office or
for any referendum issue.
6. No employee shall use City facilities, including the telephone, copy machines, or any other City
equipment or supplies for the purpose of preparing or promoting any political campaign.
7. No City employee shall contribute money to any candidate or political party except on a purely
voluntary basis.
5-3. Progressive Discipline and Corrective Action
Progressive discipline or corrective action is a means of communicating to employees that their
performance/behavior is below acceptable standards. It is designed to assist employees in correcting
their performance and/or behavior when problems arise. This policy is not applicable to
employees subject to the Police Commission. Additionally, part-time and seasonal
employees work under a modified version of this policy.
Any discipline involving loss of pay, suspension, or termination should be authorized by the Human
Resources Director and City Administrator. A written record of all forms of corrective action or
discipline, if applicable, should be maintained in the employee's personnel file. If an employee
disagrees with the discipline given, he or she may utilize the grievance procedure outlined in this
manual.
In order to accomplish the corrective action/disciplinary objectives, five steps of action are
established. It is generally the City's policy to move through each step. Disciplinary action may,
however, be initiated at any one of the following five steps, dependent upon the individual
circumstances, nature and severity of the violation, or repeated violations. Copies of all
documentation should be forwarded to Human Resources.
Step 1. Verbal Warning: An employee may be given a verbal warning and guidance by the
supervisor following an offense in an effort to eliminate possible misunderstandings and to explain
what constitutes proper conduct. The Verbal Warning is in written format for record keeping, but
remains the lowest level of action.
Step 2. Written Warning: An employee may be given a written warning by his/her supervisor for
any violation of a more serious nature, or for the repetition of an offense which is deemed to be
minor in nature.
The purpose of a written warning is to make certain that the employee is fully aware of the
misconduct he/she has committed and what is expected, thereby enabling the employee to avoid a
recurrence of the incident.
The written warning should include the date and the conduct necessitating the warning and should
be signed by the employee's immediate supervisor and the department head and receipted by the
employee.
Once a written warning has been given, an improvement plan should be developed by the
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employee's immediate supervisor and/or department head and a copy should be given to the
employee. The improvement plan should be comprised of a list of desired objectives and a timetable
for the expected improvement on the part of the employee. A date should be set for the
re-evaluation of the employee's performance after the implementation of the improvement plan.
Unsatisfactory improvement may result in further disciplinary action up to and including termination
of employment
Step 3. Job in Jeopardy Conference: The job in jeopardy conference should be held by the
Human Resources Director, Department Head and/or supervisor and the employee.
The purpose of this conference is to inform an employee that failure to comply with the established
standards, or to make a reasonable effort toward accomplishing goals, within the stated period of
time, may result in disciplinary action up to and including termination of employment.
Step 4. Suspension: Upon recommendation of the Human Resources Director, an employee may
be suspended from their position. In the event an exempt employee is suspended, it will be with pay
pursuant to the Fair Labor Standards Act. Notification will be given to the City Administrator.
Step 5. Termination: An employee may be immediately terminated by the Human Resources
Director and City Administrator, at will or for any improper or inappropriate conduct including but not
limited to any violation of the work rules as outlined in this Manual, without ever having received a
verbal or written warning, a job in jeopardy conference or a suspension.
5-4. Smoking
Smoking, including the use of e-cigarettes, is prohibited on City premises, except in designated
outdoor areas.
Smoking is prohibited in all City vehicles.
5-5. Punctuality and Attendance
Attendance and punctuality are very important and takes cooperation and commitment from
everyone. Unnecessary absences and lateness are expensive, disruptive and place an unfair burden
on fellow employees and Supervisors. We expect excellent attendance from all employees.
Excessive absenteeism or tardiness will result in disciplinary action up to and including discharge.
Employees are expected to notify Supervisors as early as possible and in accordance with their
collective bargaining agreement or departmental policy, but no later than the start of the work day.
Each employee is expected to understand and abide by this policy and/or department attendance
directives. Failure to obey attendance and tardiness policies and/or directives will result in
disciplinary action.
Asking another employee, friend or relative to give this notice is improper and constitutes grounds for
disciplinary action. Employees should call, stating the nature of the illness and its expected duration,
for every day of absenteeism.
Unreported absences of three (3) consecutive work days generally will be considered a voluntary
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resignation of employment with the City.
5-6. Internet Policy
The Internet is a useful research and communication resource which may be provided to City
employees for uses related to municipal business. This policy is intended to prevent the misuse of
Internet access, specifically as it pertains to the following unacceptable practices:
1. Improperly downloading files that contain viruses which may contaminate the City's computer
systems and databases;
2. Accessing objectionable or improper material;
3. Use of work time to access non-work related information or to "surf" the Internet;
4. Misrepresenting an individual's opinion as City policy.
Each individual user is responsible for the appropriate use of this resource as described in the
Employee Internet Policy.
Purpose
To ensure that use of the Internet among employees of the City of McHenry is consistent with City
policies, all applicable laws, and the individual user's job responsibilities and to establish basic
guidelines for appropriate use of the Internet.
Policy
1. Employee Internet access must be authorized by the Department Director. A condition of
authorization is that all Internet users must read a copy of this policy and any applicable policies on
Internet use and security.
2. Access to the Internet via City equipment should be used for City related business. The user
cannot disrupt or interfere with the work performed by users of the City's own computer system or
misrepresent the interest of the City. Internet access for personal use is limited to break time.
3. All use of the Internet via City equipment must be in compliance with all applicable laws and
policies (federal, state and local laws, in addition to City policies). Internet access via city equipment,
therefore, must not be used for illegal, improper or illicit purposes.
Users shall not use City equipment to attempt any unauthorized use, or interfere with other
users' legitimate use of any internal or external computer.
Users shall not create, install or knowingly distribute a computer virus of any kind on any
municipal computer, regardless of whether any demonstrable harm results.
4. Use of the Internet by City employees must be consistent with City Personnel Policies regarding
conduct and ethical standards.
5. The safety and security of the City computer system and resources must be considered at all
times when using the Internet. Users shall not share any password for any City computer with any
unauthorized person, nor obtain any other user's password by any unauthorized means.
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6. A wide variety of information is available on the Internet. Some individuals may find some
information on the Internet offensive or otherwise objectionable. Individual users should be aware
that the City has no control over and can therefore not be responsible for the content of information
available on the Internet.
7. The following guidelines pertain to all City computers:
Know and understand safe computing practices. At a minimum, perform frequent backups on
data files on which a nightly backup is not conducted by Administration staff. In addition, use
anti virus software to scan for viruses on all files that are downloaded to disk (hard drive, tape,
CD or floppy disk) from any outside source.
Users shall report all virus outbreaks to Administration. Administration staff shall be charged
with logging such outbreaks and the eradication methods used by departments, and will notify
other departments and users of a virus outbreak.
In the event of a serious virus outbreak, or in the event of a continued breach of this policy by
a user, that user will be disconnected from the Internet and the City's other computer systems
and networks until compliance with this policy is re-established.
Resources which are not used for a clear City purpose must not be accessed or downloaded
without prior approval of a Department Head.
Users shall not copy, install, or use any software or data files in violation of applicable
copyrights or license agreements
8. E-mail messages and the transfer of information via the Internet is not secure. Any employee
preparing to transmit confidential information must do so using more traditional methods of
transmittal (e.g., fax, U.S. Postal Services, etc).
9. No person without specific authorization shall read, alter, or delete any other person's computer
files or e-mail. This applies regardless of whether the computer's operating system permits these
acts.
10. The Internet must be treated as a formal communications tool like telephone, radio and video
communications. Therefore, each user is responsible for complying with this and all other relevant
policies when using City resources for accessing the Internet. Use of these same resources in
violation of this policy may result in disciplinary action up to and including discharge.
5-7. E-Mail Policy
The City of McHenry has established a policy with regard to access and disclosure of E-Mail
messages created, sent or received by City employees using the City's E-Mail system.
1. The City maintains an e-mail system to assist in conducting the business of the City. The
availability of the e-mail system to City employees is at the sole discretion of the City Administration.
2. The City's e-mail system is the property of the City of McHenry. All messages composed, sent or
received on the e-mail system are the property of the City. The City reserves the right to monitor e-
mail use by employees.
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3. The use of the e-mail system is reserved solely to conduct City business. It may not be used for
personal business.
4. The e-mail system may not be used to solicit or proselytize for commercial ventures, religious or
political causes, outside organizations, or other non-job related functions.
5. The e-mail system may not be used to create any offensive or disruptive messages. Among those
which are considered offensive are messages which contain sexual implications, racial slurs, gender-
specific comments, or any other comment that offensively addresses someone's age, sexual
orientation, religious or political beliefs, national origin, or disability.
6. The e-mail system shall not be used to send or receive copyrighted materials, trade secrets or
proprietary information without the permission of the copyright holder or owner.
7. The City reserves and intends to exercise the right to review, audit, intercept, access and disclose
all messages created, received or sent over the e-mail system for any purpose. Additionally, the City
may, at its discretion, refuse to accept incoming e-mails that are inappropriate, objectionable, not-
related to work, and harmful to the e-mail system.
8. The confidentiality of any message should not be assumed. Even when a message is erased, it is
still possible to retrieve that message. Further, the use of passwords for security does not guarantee
confidentiality.
9. Notwithstanding the City's right to retrieve and read any e-mail message, such messages should
be treated as confidential by other employees and accessed only by the intended recipient.
Employees are not authorized to retrieve or read any e-mail messages that are not sent to them.
Any exception to this policy must receive prior approval by the City Administrator.
10. Employees shall not use a code, access a file, or retrieve any stored information, unless
authorized to do so. Employees should not attempt to gain access to another employee's
messages without his or her permission.
11. Any employees who discover a violation of this policy shall notify the City Administrator.
12. Any employee who violates this policy or uses the e-mail system for improper purposes shall be
subject to discipline up to and including discharge.
The City reserves the right to update or change this policy at any time.
5-8. Social Media
The City of McHenry respects the right of any employee to share your life and opinions with family,
friends and co-workers. However, use of social media also presents certain risks and carries with it
certain responsibilities. To assist you in making responsible decisions about your use of social
media, we have established these guidelines for appropriate use of social media.
Employees may not post on a blog, web page, or participate on a social networking platform, during
work time or at any time with City equipment or property unless it is part of the employee's job with
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the City of McHenry.
Guidelines
In the rapidly expanding world of electronic communication, social media can mean many things.
Social media includes all means of communicating or posting information or content of any sort on
the Internet, including to your own or someone else's web log or blog, journal or diary, personal
website, social networking or affinity website, web bulletin board or a chat room, whether or not
associated or affiliated with the City of McHenry, as well as any other form of electronic
communication.
The same principles and guidelines found in City of McHenry policies and three basic beliefs apply to
your activities online. Ultimately, you are solely responsible for what you post online. Before creating
online content, consider the risks and rewards that are involved. Keep in mind that any of your
conduct that adversely affects your job performance, the performance of fellow associates or
otherwise adversely affects members, customers, suppliers, people who work on behalf of the City
may result in disciplinary action up to and including termination.
Know And Follow The Rules
Carefully read these guidelines, and other applicable City policies, and ensure your postings are
consistent with these policies. Inappropriate postings that may include discriminatory remarks,
harassment, and threats of violence or similar inappropriate or unlawful conduct will not be tolerated
and may subject you to disciplinary action up to and including termination.
All rules regarding confidential and proprietary City information apply in full to blogs, web pages,
social networking platforms, or similar sites. Any information that cannot be disclosed through a
conversation, a note or an e-mail also cannot be disclosed in a blog, web page or social networking
site.
Any conduct that is impermissible under the law if expressed in any other form or forum is
impermissible if expressed through a blog, web page, social networking, or similar site. For example,
posted material that is discriminatory, obscene, defamatory, libelous or violent is forbidden. City
policies apply equally to employee social media usage.
Be Respectful
Always be fair and courteous to fellow employees, customers, members, suppliers or people who
work on behalf of the City. Also, keep in mind that you are more likely to resolve work-related
complaints by speaking directly with your co-workers or by contacting Human Resources than by
posting complaints to a social media outlet. Nevertheless, if you decide to post complaints or
criticism, avoid using statements, photographs, video or audio that reasonably could be viewed as
malicious, obscene, threatening or intimidating, that disparage customers, members, associates or
suppliers, or that might constitute harassment or bullying. Examples of such conduct might include
offensive posts meant to intentionally harm someone's reputation or posts that could contribute to a
hostile work environment on the basis of race, sex, disability, religion or any other status protected
by law or City policy.
Be Honest And Accurate
Make sure you are always honest and accurate when posting information or news, and if you make a
mistake, correct it quickly. Be open about any previous posts you have altered. Remember that the
Internet archives almost everything; therefore, even deleted postings can be searched. Never post
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any information or rumors that you know to be false about the City, fellow associates, members,
customers, suppliers, people working on behalf of the City.
Post Only Appropriate And Respectful Content
Maintain the confidentiality of City related information.
Express only your personal opinions. Never represent yourself as a spokesperson for the City,
unless written in your official job description to do so. If the City is a subject of the content you
are creating, be clear and open about the fact that you are an employee and make it clear that
your views do not represent those of the City, fellow employees, members, customers,
suppliers or people working on behalf of the City. If you do publish a blog or post online
related to the work you do or subjects associated with the City, make it clear that you are not
speaking on behalf of the City. It is best to include a disclaimer such as "The postings on this
site are my own and do not necessarily reflect the views of The City of McHenry."
Using Social Media At Work
Refrain from using social media while on work time or on equipment we provide, unless it is work-
related as authorized by your manager or consistent with the City's IT or Telephone Policy. Do not
use the City's email addresses to register on social networks, blogs or other online tools utilized for
personal use.
Retaliation Is Prohibited
The City of McHenry prohibits taking negative action against any employee for reporting a possible
deviation from this policy or for cooperating in an investigation. Any employee who retaliates against
another associate for reporting a possible deviation from this policy or for cooperating in an
investigation will be subject to disciplinary action, up to and including termination.
If you have questions or need further guidance, please contact Human Resources.
5-9. Personal and Company-Provided Portable Communication Devices
The City of McHenry-provided portable communication devices (PCDs), including cell phones and
personal digital assistants, should be used primarily for business purposes. Employees have no
reasonable expectation of privacy in regard to the use of such devices, and all use is subject to
monitoring, to the maximum extent permitted by applicable law. This includes, as permitted, the right
to monitor personal communications as necessary.
Some employees may be authorized to use their own PCD for business purposes. These employees
should work with the IT department to configure their PCD for business use. Communications sent
via a personal PCD also may subject to monitoring if sent through the City's networks and the PCD
must be provided for inspection and review upon request.
All conversations, text messages and e-mails must be professional. When sending a text message
or using a PCD for business purposes, whether it is a City-provided or personal device, employees
must comply with applicable City guidelines, including policies on sexual harassment, discrimination,
conduct, confidentiality, equipment use and operation of vehicles. Using a City-issued PCD to send
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or receive personal text messages is prohibited at all times and personal use during working hours
should be limited to emergency situations.
Please note that whether employees use their personal PCD or a City-issued device, the City's
electronic communications policies, including but not limited to, proper use of communications and
computer systems, remain in effect.
Portable Communication Device Use While Driving
Employees who drive on City business must abide by all state or local laws prohibiting or limiting
PCD (cell phone or personal digital assistant) use while driving. Further, even if usage is permitted,
employees may choose to refrain from using any PCD while driving. "Use" includes, but is not limited
to, talking or listening to another person or sending an electronic or text message via the PCD.
Regardless of the circumstances, including slow or stopped traffic, if any use is permitted while
driving, employees should proceed to a safe location off the road and safely stop the vehicle before
placing or accepting a call. If acceptance of a call is absolutely necessary while driving, and
permitted by law, employees must use a hands-free option and advise the caller that they are unable
to speak at that time and will return the call shortly.
Under no circumstances should employees feel that they need to place themselves at risk to fulfill
business needs.
Since this policy does not require any employee to use a cell phone while driving, employees who
are charged with traffic violations resulting from the use of their PCDs while driving will be solely
responsible for all liabilities that result from such actions.
Texting and e-mailing while driving is prohibited in all circumstances.
5-10. Media Relations
All media inquiries regarding the position of the City must be referred to the City Administrator,
Mayor, or their designee to make or approve public statements on behalf of the City. No employees,
unless specifically designated by the City Administrator, are authorized to make statements on
behalf of City.
Any employee wishing to write and/or publish an article, paper, or other publication on behalf of the
City must first obtain approval from City Administrator.
City department heads may confer with the media and provide information only on the matters
affecting their department. Any information disbursed is done with the understanding it is in relation
to a matter directly related to the operation of their department. Any comments on proposed changes
to established policy or procedures must be stated as a recommendation.
5-11. Inspections
Right Of Entry Inspections
Workspaces, equipment, vehicles, lockers, desks, computer workstations, filing cabinets, and other
items or areas may be assigned to personnel for the convenience of the City. Such workspaces and
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equipment are subject to entry and inspection by the City with or without notice. To facilitate
inspection, personnel will not secure to bar access to departmental equipment or facilities unless
authorized by policy or in writing by City Administration. Where such locks are authorized, keys or
lock combinations shall be provided to the Director responsible for that area.
Inspection of Persons and Personal Property
The City recognizes the privacy rights of each employee and works to balance these rights against
the security and safety needs of our workforce and facilities. With such, the City reserves the right
as a condition of employment only to require employees while on City property, or during the course
of their work shift, to agree to the inspection of their persons, personal possessions or personal
vehicle
5-12. Personal Visits and Telephone Calls
Disruptions during work time can lead to errors and delays. Therefore, personal telephone calls must
be kept to a minimum, and only be made or received after working time, or during lunch or break
time.
For safety and security reasons, employees are prohibited from having personal guests visit or
accompanying them anywhere in The City of McHenry facilities other than the reception areas.
5-13. Solicitation and Distribution
Solicitation of City employees and residents or members of the public who are on City property, or
the distribution of literature, pamphlets, or other materials by individuals not employed by the City, is
prohibited on all City property.
5-14. Bulletin Boards
Important notices and items of general interest are continually posted on The City of McHenry
bulletin boards. Employees should make it a practice to review bulletin boards frequently. This will
assist employees in keeping up with what is current at The City of McHenry. To avoid confusion,
employees should not post or remove any material from the bulletin board.
5-15. Confidential Information
During the course of work, employees may become aware of confidential information about The City
of McHenry's operations, including but not limited to information regarding City personnel records,
residents, businesses, and potential developments. While the majority of City business is
public record, it is extremely important that all such information remain confidential, Any employee
who improperly copies, removes (whether physically or electronically), uses or discloses confidential
information to anyone outside the City may be subject to disciplinary action up to and including
termination. Employees may be required to sign an agreement reiterating these obligations.
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5-16. Ethics Ordinance and Code of Ethics
ORDINANCE NO. MC-04-849
An Ordinance Amending Section 2-55 of the Municipal
Code, City of McHenry, Illinois
WHEREAS, the Illinois General Assembly has enacted the State Officials and Employees Ethics Act
(Public Act 93-615, effective November 19, 2003, as amended by Public Act 93-617, effective
December 9, 2003) (the "Act"), which is a comprehensive revision of State Statutes regulating
ethical conduct, political activities and the solicitation and acceptance of gifts by State officials and
employees; and
WHEREAS, the Act requires all units of local government, within six months after the effective date
of Public Act 93-615, to adopt ordinances regulating the political activities of, and the solicitation and
acceptance of gifts by, the officers and employees of such units "in a manner no less restrictive"
than the provisions of the Act; and
WHEREAS, it is the clear intention of the Act to require units of local government to implement
regulations that are at least as restrictive as those contained in the Act, and to impose penalties for
violations of those regulations that are equivalent to those imposed by the Act, notwithstanding that
such penalties may exceed the general authority granted to units of local government to penalize
ordinance violations; and
WHEREAS, it is the clear intention of the Act to provide units of local government with all authority
necessary to implement its requirements on the local level regardless of any general limitations on
the power to define and punish ordinance violations that might otherwise be applicable; and
WHEREAS, because the Act provides for the imposition of significant penalties for violations of said
local regulations, it is necessary to adopt the required regulations by ordinance rather than by
resolution.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of McHenry,
McHenry County, Illinois, as follows:
SECTION 1: That Section 2-55 of the Municipal Code, City of McHenry, is hereby repealed in its
entirety and replaced with the following:
Code of Ethics
Declaration of Policy
The proper operation of democratic government requires that Officers and Employees be
independent, impartial and responsible to the people; that government decisions and policy be made
in proper channels of the governmental structure; that public office not be used for personal gain;
and that the public have confidence in the integrity of its government. In recognition of these goals, a
Code of Ethics for all City Officers and Employees is adopted. The purpose of this Code of Ethics is
to establish guidelines for ethical standards of conduct for all City Officers and Employees by setting
forth those acts or actions that are incompatible with the best interest of the City and by directing
disclosure by such Officers and Employees of private financial or other interests in matters affecting
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City life.
This section does not repeal or otherwise amend or modify existing provisions of the City of McHenry
Municipal Code or any other Departmental rule or regulation which regulates the conduct of City
officials and employees. To the extent that the City of McHenry Municipal Code or any Departmental
rule or regulation is less restrictive or conflicts with this Section, then the provisions of this Section
shall prevail, but to the extent those provisions are more restrictive, they shall prevail.
Code of Ethics
The requirements set forth herein shall constitute a Code of Ethics establishing reasonable
standards and guidelines for the ethical conduct of Officers and Employees of the City.
Definitions
For purposes of this Section, the following terms shall be given these definitions:
"Campaign for elective office" means any activity in furtherance of an effort to influence the
selection, nomination, election, or appointment of any individual to any federal, State, or local public
office or office in a Political Organization, or the selection, nomination, or election of Presidential or
Vice-Presidential electors, but does not include activities: (i) relating to the support or opposition of
any executive, legislative, or administrative action; (ii) relating to collective bargaining; or (iii) that are
otherwise in furtherance of the person's official duties.
"Candidate" means a person who has filed nominating papers or petitions for nomination or election
to an elected office, or who has been appointed to fill a vacancy in nomination, and who remains
eligible for placement on the ballot at a regular election, as defined in Section 1-3 of the Election
Code (10 Ill. Comp. Stat. 5/1-3).
"Collective Bargaining" has the same meaning as that term is defined in Section 3 of the Illinois
Public Labor Relations Act (5 Ill. Comp. Stat. 315/3).
"Compensated Time" means, with respect to an Employee, any time worked by or credited to the
Employee that counts toward any minimum work time requirement imposed as a condition of his or
her employment, but for purposes of this Section, does not include any designated holidays, vacation
periods, personal time, compensatory time off or any period when the Employee is on a Leave of
Absence. With respect to Officers or Employees whose hours are not fixed, "compensated time"
includes any period of time when the Officer or Employee is on premises under the control of the
Employer and any other time when the Officer or Employee is executing his or her official duties,
regardless of location.
"Compensatory Time Off" means authorized time off earned by or awarded to an Employee to
compensate in whole or in part for time worked in excess of the minimum work time required of that
Employee as a condition of his or her employment.
"Contribution" has the same meaning as that term is defined in Section 9-1.4 of the Election Code
(10 Ill. Comp. Stat. 5/9-1.4).
"Employee" means a person employed by the City of McHenry, whether on a full-time or part-time
basis or pursuant to a contract, whose duties are subject to the direction and control of an Employer
with regard to the material details of how the work is to be performed, but does not include an
independent contractor.
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"Employer" means the City of McHenry.
"Gift" means any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible
or intangible item having monetary value including, but not limited to, cash, food and drink, and
honoraria for speaking engagements related to or attributable to government employment or the
official position of an Officer or Employee.
"Intra-Governmental Gift" means any gift given to an Officer or Employee of the City from another
Officer or Employee of the City.
"Inter-Governmental Gift" means any gift given to an Officer or Employee of the City from a member
or employee of the legislative branch of the government of the State of Illinois, a judge or employee
of the judicial branch of the government of the State of Illinois, an officer or employee of the
executive branch of the government of the State of Illinois, an officer or employee of a unit of local
government, home rule unit, or school district, or an officer or employee of any other governmental
entity.
"Leave of Absence" means any period during which an Employee does not receive (i)
compensation for employment, (ii) service credit towards pension benefits, and (iii) health insurance
benefits paid for by the Employer.
"Officer" means a person who holds, by election or appointment, an office created by statute or
ordinance, regardless of whether the officer is compensated for service in his or her official capacity.
"Political Activity" means any activity in support of or in connection with any campaign for elective
office or any Political Organization, but does not include activities (i) relating to the support or
opposition of any executive, legislative, or administrative action, (ii) relating to collective bargaining,
or (iii) that are otherwise in furtherance of the person's official duties.
"Political Organization" means a party, committee, association, fund, or other organization (whether
or not incorporated) that is required to file a statement of organization with the State Board of
Elections or a county clerk under Section 9-3 of the Election Code (10 Ill. Comp. Stat. 5/9-3), but only
with regard to those activities that require filing with the State Board of Elections or a county clerk.
"Prohibited Political Activity" means:
1. Preparing for, organizing, or participating in any political meeting, political rally, political
demonstration, or other political event.
2. Soliciting contributions, including but not limited to the purchase of, selling, distributing, or
receiving payment for tickets for any political fund-raiser, political meeting, or other political event.
3. Soliciting, planning the solicitation of, or preparing any document or report regarding anything of
value intended as a campaign contribution.
4. Planning, conducting, or participating in a public opinion poll in connection with a campaign for
elective office or on behalf of a Political Organization for political purposes or for or against any
referendum question.
5. Surveying or gathering information from potential or actual voters in an election to determine
probable vote outcome in connection with a campaign for elective officer or on behalf of a Political
Organization for political purposes or for or against any referendum question.
6. Assisting at the polls on election day on behalf of any Political Organization or candidate for
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elective office or for or against any referendum question.
7. Soliciting votes on behalf of a candidate for elective office or a Political Organization or for or
against any referendum question or helping in an effort to get voters to the polls.
8. Initiating for circulation, preparing, circulating, reviewing, or filing any petition on behalf of a
candidate for elective office or for or against any referendum question.
9. Making contributions on behalf of any candidate for elective office in that capacity or in connection
with a campaign for elective office.
10. Preparing or reviewing responses to candidate questionnaires.
11. Distributing, preparing for distribution, or mailing campaign literature, campaign signs, or other
campaign material on behalf of any candidate for elective office or for or against any referendum
question.
12. Campaigning for any elective office or for or against any referendum question.
13. Managing or working on a campaign for elective office or for or against any referendum question.
14. Serving as a delegate, alternate, or proxy to a political party convention.
15. Participating in any recount or challenge to the outcome of any election.
"Prohibited Source" means any person or entity who:
1. is seeking official action (i) by an Officer or (ii) by an Employee, or by the Officer or another
Employee directing that Employee;
2. does business or seeks to do business (i) with the Officer or (ii) with an Employee, or with the
Officer or another Employee directing that Employee;
3. conducts activities regulated (i) by the Officer or (ii) by an Employee, or by the Officer or another
Employee directing that Employee; or
4. has interests that may be substantially affected by the performance or non-performance of the
official duties of the Officer or Employee.
"Relative" means those people related to the Officer or Employee as father, mother, son, daughter,
brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife,
grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter,
stepbrother, stepsister, half brother, half sister, and including the father, mother, grandfather, or
grandmother of the Officer's or Employee's spouse and the Officer's or Employee's fiancé or
fiancee.
Prohibited Political Activities
1. No Officer or Employee shall intentionally perform any prohibited Political Activity during any
Compensated Time, as defined herein. No Officer or Employee shall intentionally use any property
or resources of the City in connection with any Prohibited Political Activity.
2. At no time shall any Officer or Employee intentionally require any other Officer or Employee to
perform any Prohibited Political Activity (i) as part of that Officer or Employee's duties, (ii) as a
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condition of employment, or (iii) during any Compensated Time off (such as holidays, vacation or
personal time off).
3. No Officer or Employee shall be required at any time to participate in any Prohibited Political
Activity in consideration for that Officer or Employee being awarded additional compensation or any
benefit, whether in the form of a salary adjustment, bonus, compensatory time off, continued
employment or otherwise, nor shall any Officer or Employee be awarded additional compensation or
any benefit in consideration for his or her participation in any Prohibited Political Activity.
4. Nothing in this Section prohibits activities that are permissible for an Officer or Employee to
engage in as part of his or her official duties, or activities that are undertaken by an Officer or
Employee on a voluntary basis which are not prohibited by this Section.
5. No person either: (i) in a position that is subject to recognized merit principles of public
employment; or (ii) in a position the salary for which is paid in whole or in part by federal funds and
that is subject to the Federal Standards for a Merit System of Personnel Administration applicable to
grant-in-aid programs, shall be denied or deprived of employment or tenure solely because he or she
is a member or an officer of a political committee, of a political party, or of a Political Organization or
club.
Gift Ban
1. Except as permitted by this Section, no Officer or Employee, and no spouse of or immediate
family member living with any Officer or Employee (collectively referred to herein as "recipients"),
shall intentionally solicit or accept any gift from any Prohibited Source, as defined herein, or which is
otherwise prohibited by law or ordinance. No Prohibited Source shall intentionally offer or make a
gift that violates this Section.
2. EXCEPTIONS: The Gift Ban is not applicable to the following:
i. Opportunities, benefits, and services that are available on the same conditions as for the general
public.
ii. Anything for which the Officer or Employee, or his or her spouse or immediate family member,
pays the fair market value.
iii. Any (a) contribution that is lawfully made under the Election Code; or (b) activities associated with
a fund-raising event in support of a Political Organization or candidate.
iv. Educational materials and missions.
v. Travel expenses for a meeting to discuss business.
vi. A gift from a relative.
vii. Anything provided by an individual on the basis of a personal friendship unless the recipient has
reason to believe that, under the circumstances, the gift was provided because of the official position
or employment of the recipient or his or her spouse or immediate family member and not because of
the personal friendship. In determining whether a gift is provided on the basis of personal friendship,
the recipient shall consider the circumstances under which the gift was offered, such as: (a) the
history of the relationship between the individual giving the gift and the recipient of the gift, including
any previous exchange of gifts between those individuals; (b) whether to the actual knowledge of the
recipient the individual who gave the gift personally paid for the gift or sought a tax deduction or
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business reimbursement for the gift; and (c) whether to the actual knowledge of the recipient the
individual who gave the gift also at the same time gave the same or similar gifts to other Officers or
Employees, or their spouses or immediate family members.
viii. Food or refreshments not exceeding $75 per person in value on a single calendar day; provided
that the food or refreshments are (i) consumed on the premises from which they were purchased or
prepared or (ii) catered. For the purposes of this Section, "catered" means food or refreshments
that are purchased ready to consume which are delivered by any means.
ix. Food, refreshments, lodging, transportation, and other benefits resulting from outside business or
employment activities (or outside activities that are not connected to the official duties of an Officer or
Employee), if the benefits have not been offered or enhanced because of the official position or
employment of the Officer or Employee, and are customarily provided to others in similar
circumstances.
x. Intra-Governmental and Inter-Governmental gifts.
xi. Bequests, inheritances, and other transfers at death.
xii. Any item or items from any one Prohibited Source during any calendar year having a cumulative
total value of less than $100.
Each of the exceptions listed in this Section is mutually exclusive and independent of every other.
3. DISPOSITION OF GIFTS: An Officer or Employee, his or her spouse or an immediate family
member living with the Officer or Employee, does not violate this Section if the recipient promptly
takes reasonable action to return a gift from a Prohibited Source to its source or gives the gift or an
amount equal to its value to an appropriate charity that is exempt from income taxation under
Section 501 (c)(3) of the Internal Revenue Code of 1986, as now or hereafter amended, renumbered
or succeeded.
Ethics Advisor
1. The Mayor, with the advice and consent of the City Council shall designate an Ethics Advisor for
the City.
2. The Ethics Advisor shall provide guidance to the Officers and Employees of the City concerning
the interpretation of and compliance with the provisions of this Section and State ethics laws. The
Ethics Advisor shall perform such other duties as may be delegated by the City Council.
Ethics Commission
1. There is hereby created a commission to be known as the Ethics Commission of the City of
McHenry. The Commission shall be comprised of three members appointed by the Mayor with the
advice and consent of the City Council. No person shall be appointed as a member of the
Commission who is related, either by blood or marriage up to the degree of first cousin, to any
elected Officer of the City.
2. At the first meeting of the Commission, the initial appointees shall draw lots to determine their
initial terms. Two commissioners shall serve two-year terms, and the third commissioner shall serve
a one-year term. Thereafter, all commissioners shall be appointed to two-year terms.
Commissioners may be re-appointed to serve subsequent terms.
3. At the first meeting of the Commission, the commissioners shall choose a chairperson from their
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number. Meetings shall be held at the call of the chairperson or any two commissioners. A quorum
shall consist of two commissioners, and official action by the Commission shall require the
affirmative vote of two members.
4. The Mayor, with the advice and consent of the City Council, may remove a commissioner in case
of incompetency, neglect of duty or malfeasance in office after service on the commissioner by
certified mail, return receipt requested, of a copy of the written charges against the commissioner
and after providing an opportunity to be heard in person or by counsel upon not less than ten days'
notice. Vacancies shall be filled in the same manner as original appointments.
5. The Commission shall have the following powers and duties:
i. To promulgate procedures and rules governing the performance of its duties and the exercise of its
powers.
ii. Upon receipt of a signed, notarized, written complaint, to investigate, conduct hearings and
deliberations, issue recommendations for disciplinary actions, impose fines in accordance with this
Section and refer violations of Sections 2-55-D and E to the City Attorney for prosecution. The
Commission shall, however, act only upon the receipt of a written complaint alleging a violation of
this Section and not upon its own prerogative.
iii. To receive information from the public pertaining to its investigations and to require additional
information and documents from persons who may have violated the provisions of this Section.
iv. To compel the attendance of witnesses and to compel the production of books and papers
pertinent to an investigation. It is the obligation of all Officers and Employees of the City to
cooperate with the Commission during the course of its investigations. Failure or refusal to
cooperate with requests by the Commission shall constitute grounds for discipline or discharge.
v. To prepare and publish such manuals and guides as the Commission deems appropriate to
facilitate compliance with the terms of this Section.
vi. The powers and duties of the Commission are limited to matters clearly within the purview of this
Section.
Complaints
i. Complaints alleging a violation of this Section shall be filed with the Ethics Commission.
ii. Within three business days after the receipt of a complaint, the Commission shall send by certified
mail, return receipt requested, a notice to the respondent that a complaint has been filed against him
or her and a copy of the complaint. The Commission shall send by certified mail, return receipt
requested, a confirmation of the receipt of the complaint to the complainant within three business
days after receipt by the Commission. The notices to the respondent and the complainant shall also
advise them of the date, time, and place of the meeting to determine the sufficiency of the complaint
and to establish whether probable cause exists to proceed.
iii. Upon not less than 48 hours' public notice, the Commission shall meet to review the sufficiency
of the complaint and, if the complaint is deemed sufficient to allege a violation of this Section, to
determine whether there is probable cause, based on the evidence presented by the complainant, to
proceed. The meeting may be closed to the public to the extent authorized by the Open Meetings
Act. Within seven business days after receiving the complaint, the Commission shall issue notice to
the complainant and the respondent of the Commission's ruling on the sufficiency of the complaint
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and, if necessary, on probable cause to proceed. If the complaint is deemed not sufficient to allege a
violation or if there is no determination of probable cause, then the Commission shall send by
certified mail, return receipt requested, a notice to the parties of the decision to dismiss the
complaint, and that notice shall be made public.
iv. If the complaint is deemed sufficient to allege a violation of Section 2-55-E and there is a
determination of probable cause, then the Commission's notice to the parties shall include a hearing
date scheduled within four weeks after the complaint's receipt. Alternatively, the Commission may
elect to notify in writing the City Attorney to prosecute such actions and request that the complaint be
adjudicated judicially and the Commission's notice to the parties shall indicate this fact.
v. If the complaint is deemed sufficient to allege a violation of Section 2-55-D, then the Commission
shall notify in writing the City Attorney to prosecute such actions and shall transmit to the City
Attorney the complaint and all additional documents in the custody of the Commission concerning
the alleged violation. The Commission's notice to the parties shall indicate these facts.
vi. If the Commission elects to hear a case brought under Section 2-55-E, on the scheduled date and
upon at least 48 hours' 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
hearing may be closed to the public only if authorized by the Open Meetings Act.
vii. Within thirty days after the date the hearing or any recessed hearing of a case brought under
Section 2-55-E is concluded, the Commission shall either: (i) dismiss the complaint; or (ii) issue a
recommendation for discipline to the alleged violator and to the Mayor or other Officer having
authority to discipline the Officer or Employee, or impose a fine upon the violator, or both. The
particular findings in the case, any recommendation for discipline, and any fine imposed shall be a
matter of public information.
viii. If the hearing on a case brought under Section 2-55-E was closed to the public, the respondent
may file a written demand for a public hearing on the complaint within seven business days after the
issuance of the recommendation for discipline or imposition of a fine, or both. The filing of the
demand shall stay the enforcement of the recommendation or fine.
Within fourteen days after receiving the demand, the Commission shall conduct a public hearing on
the complaint upon at least 48 hours' public notice of the hearing and allow both parties the
opportunity to present testimony and evidence. Within seven days thereafter, the Commission shall
publicly issue a final recommendation to the alleged violator and to the Mayor or other Officer having
authority to discipline the Officer or Employee or impose a fine upon the violator, or both.
ix. If a complaint is filed during the sixty days preceding the date of any election at which the
respondent is a Candidate, the Commission shall render its decision as required under subsection
(vii) within seven days after the complaint is filed, and during the seven days preceding that election,
the Commission shall render such decision before the date of that election, if possible.
x. A complaint alleging the violation of this Section must be filed within one year after the alleged
violation.
xi. In the event a member of the Commission is the subject of an alleged violation of this Section,
such commissioner shall immediately recuse himself or herself from the investigation of such alleged
violation, and shall take no part in the final action of the Commission regarding such alleged
violation. A substitute Commissioner shall be appointed pursuant to the terms of Section 2-55-G.1
above for purposes relating to this matter only.
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Penalties
1. A person who intentionally violates any provision of Section 2-55-D may be punished by a term of
incarceration in a penal institution other than a penitentiary for a period of not more than 364 days,
and may be fined in an amount not to exceed $2,500.
2. A person who intentionally violates any provision of Section 2-55-E is subject to a fine in an
amount on not less than $1,001 and not more than $5,000.
3. The Commission may levy an administrative fine of up to $5,000 against any person who violates
this Code of Ethics or who intentionally makes a false, frivolous, or bad faith allegation.
4. In addition to any administrative fines imposed pursuant to Section 2-55-H.3 above, any person
who intentionally makes a false report alleging a violation of any provision of Section 2-55 to the
Ethics Commission, the State's Attorney or any other law enforcement official may be punished by a
term of incarceration in a penal institution other than a penitentiary for a period of not more than 364
days, and may be fined in an amount not to exceed $2,500.
5. A violation of Section 2-55-D shall be prosecuted as a criminal offense by the City Attorney by
filing in the circuit court an information, or sworn complaint, charging such offense. The prosecution
shall be under and conform to the rules of criminal procedure. Conviction shall require the
establishment of the guilt of the defendant beyond a reasonable doubt.
6. A violation of Section 2-55-E may be prosecuted as a quasi-criminal offense by an attorney for the
City, or the Ethics Commission, through the designated administrative procedure.
7. In addition to any other penalty that may be applicable, whether criminal or civil, an Officer or
Employee who intentionally violates any provision of this Section is subject to discipline or discharge.
Distribution of Code of Ethics
The City Administrator shall cause a copy of this Code of Ethics to be distributed to every Officer and
Employee of the City within thirty days after enactment of this Code of Ethics. Each Officer and
Employee elected, appointed or engaged hereafter shall be furnished a copy before entering upon
the duties of his or her office or employment.
SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance
shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect,
impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full
force and effect.
SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the
extent of such conflict.
SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and
publication in pamphlet form (which publication is hereby authorized) as provided by law.
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5-17. Use of Facilities, Equipment and Property
Equipment essential in accomplishing job duties is often expensive and may be difficult to replace.
When using property, employees are expected to exercise care, perform required maintenance, and
follow all operating instructions, safety standards and guidelines.
Employees should notify their supervisor if any equipment, machines, or tools appear to be
damaged, defective or in need of repair. Prompt reporting of loss, damages, defects and the need for
repairs could prevent deterioration of equipment and possible injury to employees or others.
Supervisors can answer any questions about the employees' responsibility for maintenance and care
of equipment used on the job.
Employees also are prohibited from any unauthorized use of the City's property, such as audio and
video tapes, print materials and software.
Improper, careless, negligent, destructive, or unsafe use or operation of equipment can result in
discipline, up to and including discharge.
Further, the City is not responsible for any damage to employees' personal belongings.
Any City owned property in use by employees remains the sole property of the City. Property and
materials as well as any items found within them may be inspected at any time.with or without prior
notice to employee.
5-18. Hiring Relatives/Employee Relationships
A familial relationship among employees can create an actual or at least a potential conflict of
interest in the employment setting, especially where one relative supervises another relative. To
avoid this problem, The City of McHenry may refuse to hire or place a relative in a position where the
potential for favoritism or conflict exists.
In other cases, such as personal relationships where a conflict or the potential for conflict arises,
even if there is no supervisory relationship involved, the parties may be separated by reassignment
or discharged from employment, at the discretion of the City. Accordingly, all parties to any type of
intimate personal relationship must inform management.
If two employees marry, become related, or enter into an intimate relationship, they may not remain
in a reporting relationship or in positions where one individual may affect the compensation or other
terms or conditions of employment of the other individual. The City generally will attempt to identify
other available positions, but if no alternate position is available, the City retains the right to decide
which employee will remain with the City.
For the purposes of this policy, a relative is any person who is related by blood or marriage, or
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whose relationship with the employee is similar to that of persons who are related by blood or
marriage.
5-19. Employee Dress and Personal Appearance
Employees are expected to report to work well groomed, clean, and dressed according to the
requirements of their position. Attire for administrative departments is business casual. However,
some meetings may require more formal business attire and employees are expected to dress
accordingly. Some employees may be required to wear uniforms or safety equipment/clothing.
Employees should contact their supervisor for specific information regarding acceptable attire for
their position. If employees report to work dressed or groomed inappropriately, they may be
prevented from working until they return to work well groomed and wearing the proper attire.
Grooming includes the use of perfumes, colognes, and other fragrances. As fragrance allergies are
becoming more common, consideration must be give to co-workers with these allergies.
5-20. Operation of Vehicles
All employees authorized to drive City-owned or leased vehicles or personal vehicles in conducting
City business must possess a current, valid driver's license and an acceptable driving record. Any
change in license status or driving record must be reported to management immediately.
Employees must have a valid driver's license in their possession while operating a vehicle off or on
City property. It is the responsibility of every employee to drive safely and obey all traffic, vehicle
safety, and parking laws or regulations. Drivers must demonstrate safe driving habits at all times.
City-owned or leased vehicles may be used only as authorized by management.
Portable Communication Device Use While Driving
Employees who drive on City business must abide by all state or local laws prohibiting or limiting
portable communication device (PCD) use, including cell phones or personal digital assistants, while
driving. Further, even if use is permitted, employees may choose to refrain from using any PCD while
driving. "Use" includes, but is not limited to, talking or listening to another person or sending an
electronic or text message via the PCD.
Regardless of the circumstances, including slow or stopped traffic, if any use is permitted while
driving, employees should proceed to a safe location off the road and safely stop the vehicle before
placing or accepting a call. If acceptance of a call is absolutely necessary while the employees are
driving, and permitted by law, they must use a hands-free option and advise the caller that they are
unable to speak at that time and will return the call shortly.
Under no circumstances should employees feel that they need to place themselves at risk to fulfill
business needs.
Since this policy does not require any employee to use a PCD while driving, employees who are
charged with traffic violations resulting from the use of their PCDs while driving will be solely
responsible for all liabilities that result from such actions.
Texting and e-mailing while driving is prohibited in all circumstances.
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5-21. References
The City of McHenry will respond to reference requests through the Human Resources Department.
The City will provide general information concerning the employee such as date of hire, date of
discharge, and positions held. Requests for reference information must be in writing, and responses
will be in writing. Please refer all requests for references for non-police personnel to the Human
Resources Department.
The Police Department will provide reference information to other police departments for police
personnel.
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General Handbook Acknowledgment
This Employee Manual is an important document intended to help employees become acquainted
with The City of McHenry. This document is intended to provide guidelines and general descriptions
only; it is not the final word in all cases. Individual circumstances may call for individual attention.
Because the City's operations may change, the contents of this Manual may be changed at any time,
with or without notice, in an individual case or generally, at the sole discretion of management.
Please read the following statements and sign below to indicate your receipt and acknowledgment of
this Manual.
I have received and read a copy of The City of McHenry's Employees Manual. I
understand that the policies, rules and benefits described in it are subject to
change at the sole discretion of the City at any time.
I further understand that my employment is terminable at will, either by myself or
the City, with or without cause or notice, regardless of the length of my
employment or the granting of benefits of any kind.
I understand that no representative of The City of McHenry other than Human
Resources Director and City Administrator may alter "at will" status and any such
modification must be in writing and signed.
I understand that my signature below indicates that I have read and understand
the above statements and that I have received a copy of the City's Employee
Manual.
Employee's Printed Name: __________________________
Employee's Signature: ______________________________
Position: ________________________
Date: __________________________
The signed original copy of this acknowledgment should be given to Human Resources - it will be
filed in your personnel file.
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Receipt of Non-Harassment Policy
A. Introduction
The City of McHenry (the "City") desires to have a professional working environment for its
employees so that they may carry out their duties in productive and positive surroundings. Although
conduct may not rise to the level of unlawful harassment from a legal perspective, the City wants to
protect its employees from abuse and to prevent conduct from becoming so severe or pervasive as
to alter the conditions of an employee's employment, create an abusive, intimidating or hostile
working environment, or result in a tangible employment action. Accordingly, the City has adopted a
"zero tolerance" policy against harassment. Harassment is unwarranted and unwanted verbal or
nonverbal conduct that threatens, intimidates, annoys or insults another person where such conduct
has the purpose or effect of creating an offensive, intimidating, degrading and/or hostile working
environment and/or interferes with and/or adversely affects a person's performance.
The City prohibits any form of unlawful harassment against its employees and applicants for
employment based on actual or perceived factors such as sex (including sexual harassment, gender
harassment, and harassment based on pregnancy, childbirth, or related medical conditions), race,
color, creed, religion, ancestry, national origin, age, mental or physical disability, marital status, order
of protection status, military status, unfavorable discharge from military service, citizenship status,
sexual orientation including gender-related identity whether or not traditionally associated with the
person's designated sex at birth, or any other basis prohibited by applicable federal, state, or local
fair employment laws or regulations.
B. Sexual Harassment
With respect to sexual harassment, the City prohibits any unwelcome sexual advances, request for
sexual favors, and other verbal or physical conduct of a sexual nature when:
Submission to such conduct is made either explicitly or implicitly a term or condition of an1.
individual's employment; or
Submission to or rejection of such conduct by an individual is used as the basis for2.
employment decisions affecting such individual; or
Such conduct may have the purpose or effect of unreasonably interfering with an individual's3.
work performance; or
Such conduct may create an intimidating, hostile, or offensive working environment.4.
Examples of the types of conduct that would violate the City's policy including the following:
Verbal: sexual innuendos, suggestive comments, insults, humor, and jokes about sex,
anatomy or gender-specific traits, sexual propositions, threats, repeated requests for dates, or
statements about other employees, even outside their presence, of a sexual nature.
Non-verbal: suggestive or insulting sounds (whistling), leering, obscene gestures, sexually
suggestive bodily gestures, "catcalls", "smacking" or "kissing" noises.
Visual: posters, signs, pin-ups or slogans of a sexual nature, viewing pornographic material or
websites.
Physical: touching, unwelcome hugging or kissing, pinching, brushing the body, any coerced
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sexual act or actual assault.
Textual/Electronic: "sexting" (electronically sending messages with sexual content,
including pictures and video), the use of sexually explicit language, harassment, cyber stalking
and threats via all forms of electronic communication (e-mail, text/picture/video messages,
intranet/on-line postings, blogs, instant messages and social network websites like Facebook
and Twitter).
The most severe and overt forms of sexual harassment are easier to determine. On the other end of
the spectrum, some sexual harassment is more subtle and depends, to some extent, on individual
perception and interpretation. The courts will assess sexual harassment by a standard of what would
offend a "reasonable person."
Both opposite sex and same sex harassment are prohibited under this policy.
C. Other Forms of Harassment
With respect to other forms of harassment, the City prohibits slurs or other verbal or physical conduct
relating to matters such as actual or perceived race, color, creed, religion, ancestry, national origin,
age, mental or physical disability, marital status, order of protection status, pregnancy, military
status, unfavorable discharge from military service, citizenship status, sexual orientation including
gender-related identity whether traditionally associated with the person's designated sex at birth, or
any other basis prohibited by applicable federal, state, or local fair employment laws or regulations
which:
May have the purpose or effect of creating an intimidating, hostile, or offensive working1.
environment; or
May have the purpose or effect of unreasonably interfering with an individual's work2.
performance; or
Otherwise, may adversely affect an individual's employment opportunities.3.
D. Coverage of the Policy
The City's "zero-tolerance" policy with respect to harassment applies to conduct in or connected to
the workplace, whether it is physical or verbal, and whether it is committed by City officials,
department heads, fellow employees or non-employees (such as customers, vendors, suppliers, or
business invitees). The conduct prohibited by this policy is not only unacceptable in the workplace
itself but also at any other work-related setting such as holiday parties, gatherings or other work-
related social events, on business trips, and at conferences, seminars, educational gatherings, and
other meetings. Each City official and department head is responsible for creating an atmosphere
free of harassment, whether it is sexual or another form of harassment. In addition, all employees
are responsible for respecting the rights of their fellow employees and for cooperating in any
investigation of alleged harassment.
Responsibilities:
Each employee is responsible for assisting in prevention of harassment through the following acts:
Refraining from participation in, or encouragement of, actions that could be perceived as
harassment;
Reporting acts of harassment; and
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Encouraging any employee, who confides that he/she is being harassed, to report these acts
of harassment.
Each supervisor shall be responsible for preventing acts of harassment. These responsibilities
include:
Monitoring the workplace environment on a daily basis for signs that harassment may be
occurring.
Counseling all employees on the types of behavior prohibited and the City's procedures for
reporting and resolving complaints of harassment.
Stopping any observed acts that may be considered harassment and taking appropriate steps
to intervene, whether the involved employees are within his/her line of supervision.
Taking immediate action to limit the work contact between employees where there has been a
complaint of harassment, pending investigation.
Each supervisor has the responsibility to assist any employee, who comes to that individual with a
complaint of harassment, in documenting and filing a complaint in accordance with this policy.
Failure to take action to stop known harassment will result in disciplinary action up to and including
termination of employment.
E. Reporting and Investigating Alleged Harassment
While the City encourages individuals who believe they are being harassed to firmly and promptly
notify the offender that his or her behavior is unwelcome, the City also recognizes that power and
status disparities between an alleged harasser and a target may make such a confrontation
impossible. In the event that such informal, direct communication between individuals is either
ineffective or impossible, or even when such communication between the individuals has occurred,
the following steps should be taken to report a harassment complaint:
1. Reporting of the Incident: All City employees and officials are urged to report any suspected
harassment by another employee or official to the Human Resources Director, except where the
Human Resources Director is the individual accused of harassment. In that case, the complaint
should be reported to the City Administrator. If the victim prefers to report the suspected harassment
to someone of the opposite sex from that of the Human Resources Director or City Administrator, the
complaint can be reported to a Director. Elected officials may report an incident to a council member
in accordance with paragraph F of this policy. The report may be made initially either orally or in
writing, but reports made orally must be reduced to writing before an investigation can be initiated
and a resolution achieved.
2. Investigation of the Complaint: When a complaint has been reduced to writing, the City
Administrator, or person receiving the complaint, will initiate an investigation of the suspected
harassment. The investigation will include an interview with the individual(s) who made the initial
report, the person(s) toward whom the suspected harassment was directed, and the individual(s)
accused of the harassment. Any other person who may have information regarding the alleged
harassment may also be interviewed.
3. Preparation of a Written Report: The person responsible for investigating the complaint shall
prepare a written report. The report shall include a finding that harassment occurred, harassment did
not occur, or there is inconclusive evidence whether harassment occurred. A copy of the report will
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be given to the individual(s) who made the initial report, the person(s) to whom the suspected
harassment was directed, and the individual(s) accused of the harassment.
Where a hostile work environment has been found to exist, the City will take all reasonable steps to
eliminate the conduct creating such an environment.
4. Keeping of Records and the Confidentiality of Such Records: Employees or other persons who
report incidents of harassment are encouraged to keep written notes in order to accurately record the
offensive conduct. Every effort shall be made to keep all matters related to the investigation and
various reports confidential to the extent possible. In the event of a lawsuit, however, the City
advises that those records maintained by the City and any records maintained by the complainant
may not be considered privileged from disclosure.
F. Harassment Allegations by Elected Officials Against Other Elected Officials
Alleged harassment by one elected official against another shall be reported to the Mayor. If the
Mayor is the person reporting the harassment or is implicated by the allegation, the report shall be
made to any other Council member. Upon receipt of such report, the Mayor or Council member
receiving it shall refer the matter to the City's legal counsel. The allegations of the complaint will be
thoroughly investigated through an independent review, which may include referring the matter to a
qualified, independent attorney or consultant to review and investigate the allegations. Further,
reasonable remedial measures will be taken as determined by the other council members who are
not the complainant or the official who is the subject of the complaint.
G. Time Frame for Reporting Harassment
The City encourages prompt reporting of complaints so that rapid response and appropriate action
may be taken. Thus, all complaints should be reported within six months of the alleged harassment.
H. No Retaliation
No City official or employee shall take any retaliatory action against any City employee due to a City
employee's:
Disclosure or threatened disclosure of any violation of this policy,1.
The provision of information related to or testimony before any public body conducting an2.
investigation, hearing or inquiry into any violation of this policy, or
Assistance or participation in a proceeding to enforce the provisions of this policy.3.
For the purposes of this policy, retaliatory action means the reprimand, discharge, suspension,
demotion, denial of promotion or transfer, or change in the terms or conditions of employment of any
City employee that is taken in retaliation for a City employee's involvement in protected activity
pursuant to this policy.
No individual making a report will be retaliated against even if a report made in good faith is
not substantiated. In addition, any witness will be protected from retaliation.
Similar to the prohibition against retaliation contained herein, the State Officials and Employees
Ethics Act (5 ILCS 430/15-10) provides whistleblower protection from retaliatory action such as
reprimand, discharge, suspension, demotion, or denial of promotion or transfer that occurs in
retaliation for an employee who does any of the following:
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Discloses or threatens to disclose to a supervisor or to a public body an activity, policy, or1.
practice of any City officer or employee that the City employee reasonably believes is in
violation of a law, rule, or regulation,
Provides information to or testifies before any public body conducting an investigation,2.
hearing, or inquiry into any violation of a law, rule, or regulation by any City officer or
employee, or
Assists or participates in a proceeding to enforce the provisions of the State Officials and3.
Employees Ethics Act.
It is the responsibility of the supervisors to monitor and ensure that retaliation does not occur.
Pursuant to the Whistleblower Act (740 ILCS 174/15(a)), an employer may not retaliate against an
employee who discloses information in a court, an administrative hearing, or before a legislative
commission or committee, or in any other proceeding, where the employee has reasonable cause to
believe that the information discloses a violation of a State or federal law, rule, or regulation. In
addition, an employer may not retaliate against an employee for disclosing information to a
government or law enforcement agency, where the employee has reasonable cause to believe that
the information discloses a violation of a State or federal law, rule, or regulation. (740 ILCS
174/15(b)).
Retaliation against an employee who reports an improper governmental action, cooperates with an
investigation by an auditing official related to a report of improver governmental action, or testifies in
a proceeding or prosecution arising out of an improper governmental action is prohibited under this
policy and 50 ILCS 105/4.1
To invoke protections under section H an employee shall make a written report of improper
governmental action to the appropriate auditing official.
. This person shall be designated as the Deputy Chief of Police for all sworn officers and civilian
Police Department employees.
. This person shall be designated as the Human Resources Director for all other City employees.
a. An employee who believes to have been retaliated against in violation of this policy and statute
must submit a written report to the auditing official (Deputy Chief of Police or Human Resources
Director) within 60 days of gaining knowledge of the retaliatory action
b. If the auditing official (Deputy Chief of Police) or the Chief of Police is the individual doing the
improper governmental action, then a report may be submitted to the City Hall's Auditing Official
(Human Resources Director).
c. If the auditing official (Human Resources Director) is the individual doing the improper
governmental action, then a report may be submitted to the City Administrator.
Retaliation is a form of employee misconduct. Any evidence of retaliation shall be considered a
separate violation of this policy and shall be handled by the same complaint procedures established
for harassment and discrimination complaints.
According to the Illinois Human Rights Act (775 ILCS 5/6-101), it is a civil rights violation for a
person, or for two or more people to conspire, to retaliate against a person because he/she has
opposed that which he/she reasonably and in good faith believes to be sexual harassment in
employment, because he/she has made a charge, filed a complaint, testified, assisted, or
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participated in an investigation, proceeding, or hearing under the Illinois Human Rights Act.
An employee who is suddenly transferred to a lower paying job or passed over for a promotion after
filing a complaint with IDHR or EEOC, may file a retaliation charge due within 180 days (IDHR) or
300 days (EEOC) of the alleged retaliation.
I. Disciplinary Action
If any City employee engages in conduct that violates this policy, or other conduct that the City
believes is unprofessional, that employee will be subject to discipline up to and including termination
of employment. In addition to any and all other discipline that may be applicable pursuant to
municipal policies, employment agreements, procedures, employee handbooks and/or collective
bargaining agreement, any person who violates the Prohibition on Sexual Harassment contained in 5
ILCS 430/5-65, may be subject to a fine of up to $5,000 per offense.
J. Consequences for Knowingly Making a False Report of Sexual Harassment Pursuant to 5
ILCS 430/70-5
A false report is a report of sexual harassment made by an accuser using the sexual harassment
report to accomplish some end other than stopping sexual harassment or retaliation for reporting
sexual harassment. A false report of sexual harassment is not defined as a report made in
good faith but which cannot be proven. Rather, a false complaint of sexual harassment is defined
as an intentionally made false or frivolous report or bad faith allegation. Given the seriousness of the
consequences for the accused, any person who intentionally makes a false report alleging sexual
harassment shall be subject to discipline up to and including termination of employment.
In addition, any person who intentionally makes a false report alleging a violation of any provision of
the State Officials and Employees Ethics Act to an ethics commission, an inspector general, the
State Police, a State's Attorney, the Attorney General, or any other law enforcement official is guilty
of a Class A misdemeanor. An ethics commission may levy an administrative fine of up to $5,000
against any person who intentionally makes a false, frivolous or bad faith allegation.
K. External Procedures
The City hopes that any incident of harassment can be resolved through the internal procedures
outlined above. Employees of the City, however, have the right to file formal harassment charges
including charges of retaliation with the Illinois Department of Human Rights (the "IDHR") and/or
with the Equal Employment Opportunity Commission (the "EEOC"). A charge with the IDHR must
be filed within 180 days of the harassing incident. A charge with the EEOC must be filed within 300
days of the incident. It is unlawful for an employer to retaliate against an employee for filing a charge
of harassment with the IDHR or the EEOC.
The IDHR may be conducted as follows:
Chicago: (312) 814-6200 Chicago TDD: (312) 263-1579
Springfield: (217) 785-5100 Springfield TDD: (217) 785-5125
The EEOC may be conducted as follows:
Chicago: (312) 353-2713 Chicago TDD: (312) 353-2421
F: Chicago: (800) 669-4000 Chicago TDD: (800) 669-6820
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I have read and I understand The City of McHenry's Anti-Harassment & Whistleblower Policy.
Employee's Printed Name: ________________________
Employee's Signature: ____________________________
Position: ______________________
Date: _________________________
The signed original copy of this receipt should be given to Human Resources - it will be filed in
your personnel file.
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Department of Public Works
Troy Strange, P.E., Director of Public Works
1415 Industrial Drive
McHenry, Illinois 60050
Phone: (815) 363-2186
Fax: (815) 363-2214
www.cityofmchenry.org
The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest
quality of programs and services in a customer -oriented, efficient and fiscally responsible manner.
CONSENT AGENDA SUPPLEMENT
DATE: September 20, 2021
TO: Mayor and City Council
FROM: Troy Strange, P.E., Director of Public Works
RE: 2022 Road Program Locations, Shotcrete Concrete Curb Repairs
ATT: City of McHenry Purchase Order Form
Ward & Associates Proposal
AGENDA ITEM SUMMARY:
Staff requests City Council to consider waiving competitive bidding and awarding a contract
purchase order for shotcrete curb repairs to Robert H. Ward & Associates, Inc. in an amount not
to exceed $49,000.00.
BACKGROUND:
In an effort to increase productivity and efficiency of the asphalt paving portions of the annual
Road Resurfacing Program, staff has been experimenting with different products to reduce the
amount of subcontracted non-asphalt work completed on the major resurfacing contract. The
most significant source of additional expenditures is concrete repairs including curb removal and
replacement, concrete sidewalk panel replacements, and sidewalk intersection ramps. Concrete
sidewalk ramps for the 2022 Road Resurfacing Program locations are being completed “in-house”
by Public Works Street Division staff between the fall of 2021 and spring of 2022. Curb repairs
are being completed in advance of the project through the use of a private contractor which
specializes in sprayed concrete curb repairs. By utilizing this technique , the lineal footage of
removals required for repairs is significantly reduced due to the targeted nature of the repairs.
By completing this work in advance of the asphalt resurfacing portion of the project, staff is
anticipating more competitive asphalt pricing, lower traffic control costs, and an expedient
construction process. Staff has estimated that there will be 770 individual curb repair locations
totaling 1,000 LF. The cost to perform work by traditional remove and replace methods would
be over $150,000.
The City has successfully used the shotcrete curb repair method in the past, including the most
recent 2021 Road Program. Due to the size of the 2022 Road Program (10.5 miles), the contract
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value for the work will exceed the $25,000 threshold limit for competitive bidding. The pool of
contractors that perform curb repairs utilizing this technique is small due to the nature of this
work. City staff has inquired to several of our current vendors and none in the area perform this
type of work. Due to this contractor’s successful past performance of this work and the relatively
small total of this contract, staff is recommending the waiver of competitive bidding.
ANALYSIS:
Staff has requested the attached unit price proposal from Robert H. Ward & Associates for the
completion of shotcrete curb repairs at various locations . The quotation has been reviewed by
staff and has been found to be acceptable.
RECOMMENDATION:
Therefore, if Council concurs, it is recommended to waive competitive bidding and to award a
contract purchase order in the amount of $49,000.00 to Robert H. Ward & Associates for
sprayed concrete curb repairs. This amount will be paid for utilizing General Funds dedicated
from the Public Works Street Division Operating Capital Account (100-33-8600).
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CITY OF MCHENRY PURCHASE ORDER - CONSTRUCTION (Small Projects)
Date: September 20, 2021 Purchase Order No.___________________________________________
Project:
2022 Road Program Curb Repair
Location:
Various Locations for 2022 Road Program
Owner Contractor/Vendor Architect/Engineer
City of McHenry
333 South Green Street
McHenry, Illinois 60050
Phone: (815) 363-2100
Fax: (815) 363-2119
Contact: Derik Morefield,
City Administrator
Robert H. WARD & Assoc, Inc.
3300 Holeman Ave
So. Chicago Heights, IL 60411
Phone: 708-756-0767
Fax: 708-756-0940
Contact: Brad Rago
Phone:
Fax:
Contact:
COST OF WORK
The Contract Price of the Work under this Purchase Order is $49,000.
SCOPE OF WORK: Furnish the Work/items described below in accordance with the following plans and specifications:
Q General Contract, dated _________, 20__ Q Specification No(s): ___________________, dated ______, 20__
Q Plans dated : Q Addendum No(s): ______________________________________
Q Other: Letter proposal dated 9-7-21 (Exhibit A)
The following prices shall remain in effect for the duration of project:
QUANTITY
UNIT OF
MEASURE
DESCRIPTION/ITEMS
LUMP SUM
UNIT PRICE
EXTENSION
1,000 LF Provide all labor, materials and equipment necessary for
construction/installation of: Shotcrete curb repair method per attaced
specification (Exhibit B).
Estimated production of 1.4LF per crack. Actual production based on
site conditions and field measurements. Measurement to be along the
curb line (parallel).
$49/LF $49,000
TOTAL $49,000
NOTES:
1) ________________________________________________________________________________________________________________
2) ________________________________________________________________________________________________________________
WARRANTIES and INDEMNIFICATION
Contractor/Vendor agrees to provide the following warranties for the Work: (a) all workmanship to be warranted for a period of one (l)
year - manufacturer warrants material; and (b) all other warranties contained elsewhere in the Contract Documents or Supplemental
Conditions hereto. Further, CONTRACTOR/VENDOR SHALL FULLY INDEMNIFY AND SAVE THE CITY OF MCHENRY
HARMLESS FROM ALL CLAIMS, LIENS, FEES, AND CHARGES, AND THE PAYMENT OF ANY OBLIGATIONS
ARISING THEREUNDER, pursuant to the provisions in the Supplemental Conditions hereto.
CONTRACT TIMES
Contractor/Vendor agrees to commence in a timely manner and to complete the Work no later than April 15, 2022. Time is of the
essence.
THE TERMS OF THIS PURCHASE ORDER AND THE ATTACHED SUPPLEMENTAL CONDITIONS ARE THE
ENTIRE AGREEMENT BETWEEN THE CITY/OWNER AND VENDOR. No payme nt will be issued unless a copy of this
Purchase Order is signed, and dated and returned to the Owner. Material certifications/test reports required. All domestic
material, unless otherwise specified. Purchase exempt from sales and/or use taxes.
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ACCEPTANCE OF PURCHASE ORDER
The parties, for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full
performance of all terms and provisions herein contained. IN WITNESS WHEREOF, the parties hereto have execut ed this
Purchase Order the day and year written below.
CONTRACTOR/VENDOR: PURCHASER:
City of McHenry
By: ________________________________________________ Title:
Representative of Vendor authorized to
execute Purchase Order Dated: _______________________________________________
SUPPLEMENTAL CONDITIONS
1. Acceptance of Purchase Order: The Purchase Order is an offer to contract, buy or rent and not an acceptance of an offer to
contract, sell or rent. Acceptance of this Purcha se Order is expressly limited to the terms hereof, and in the event that
Contractor/Vendor’s acknowledgment or other response hereto states terms additional to or different from those set forth here in, this
Purchase Order shall be deemed a notice of objection to such additional or different terms and rejection thereof. This Purchase Order
may be accepted by the commencement of any Work hereunder or the delivery of any goods herein ordered, and, in any event, sha ll be
deemed accepted in its entirety by Contractor/Vendor unless Owner is notified to the contrary within ten (10) days from its date of
issue.
2. Amendment, Modification or Substitution: This Purchase Order contains the entire agreement between the parties. Any
modification or rescission thereof must be in writing and signed by Owner. No proposals or prior dealings of the parties or trade
custom not embodied herein shall alter the interpretation or enforcement of this Purchase Order.
3. Familiarity With Plans; Qualifications: Contractor/Vendor acknowledges that it (a) has examined the site of the proposed Work
and is familiar with the conditions surrounding same; and (b) has examined the plans and drawings, and has studied and is aware of,
and satisfied with, the requirements of the Contract Documents. Contractor/Vendor represents to Owner that it is fully experienced
and properly qualified as an expert to perform the class of work provided for herein, and that it is properly equipped, organ ized and
financed to handle such work. Contractor/Vendor shall finance its own operations hereunder, shall operate as an independent
contractor and not as the agent of Owner, and shall hold Owner free and harmless from all liability, costs and charges by rea son of any
act or representations of Contractor/Vendor, its agents or employees.
4. Workmanship; Safety: All Work shall be performed by Contractor/Vendor in a neat, skillful and workmanlike manner, and all
materials furnished by Contractor/Vendor shall be new and of the best description and quality of their respective kinds, unless
otherwise specified and ordered by Owner in writing. All Work and/or materials shall be subject to the inspection and approv al of the
Owner, its engineers and representatives. Contractor/Vendor is responsible for its own and its employees’ activities on the jobsite,
including but not limited to, the methods of work performance, superintendence, sequencing of work, and safety in, on or abou t the
jobsite area in which it is performing the Work under this Purchase Order. Owner and Contractor/Vendor shall not require any laborer
or mechanic employed in performance of this Purchase Order to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous to his health or safety, as determined under app licable federal and Illinois construction safety and
health standards
5. Extra’s and Change Orders: No claim by Contractor/Vendor that any instructions, by drawing or otherwise, constitute a change
in Contractor/Vendor’s performance hereunder, for which Contractor/Vendor should be paid additional compensation shall be valid,
unless prior to commencing such allegedly extra or changed performance, Contractor/Vendor shall have received a written suppl ement
to this Purchase Order authorizing such performance signed on behalf of Owner by a person have actual authority to do so. No claim
for additional compensation on the basis that Contractor/Vendor has incurred any expense by reason of any act or failure to a ct or
Owner or its contractor, subcontractor, materialmen or any other party shall be valid unless made in writing within 30 days of the
alleged act or failure to act and approved by Owner, provided, however, that if the Contractor/Vendor should be delayed in fu rnishing
the articles, items, equipment or materials (hereinafter sometimes referred to as “goods”) or services or Work (hereinafter sometimes
referred to as “Work”) ordered herein, by the omission, neglect or default of Owner, its agents or employees, Contractor/Vend or shall
be entitled to no additional compensation or damages for such delay, and shall be entitled only to an extension of time for a period
equal to the time lost as a result of the aforesaid causes, determined by Owner. Any charges for extra not so authorized will not be
paid.
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6. Inspection and Acceptance: Owner shall have the right at all reasonable times to inspect and test all goods, materials or Work
furnished by Contractor/Vendor and all Work performed or furnished by Contractor/Vendor. Notwithstanding any prior inspection ,
the passage of title or any prior payment, all goods, material and Work furnished thereunder are subject to final inspection and
acceptance by Owner at its job site. If, after inspection, Owner rejects any goods furnish by Contractor/Vendor thereunder, O wner
may, at its election, return those goods to Contractor/Vendor at Contractor/Vendor’s expense, including the cost of any inspection an d
testing thereof. If Contractor/Vendor fails to proceed promptly with the correction or replacement of any rejected goods o r Work,
Owner may replace or correct such items or Work by purchase or manufacture and charge the cost incurred thereby to
Contractor/Vendor or terminate this Purchase Order for default in accordance with paragraph 12 herein. By inspecting and not
rejecting any goods and Work furnished thereunder, Owner shall not be precluded thereby from subsequently revoking its acceptance
thereof it the goods or Work are later discovered to be nonconforming with this Purchase Order or the specifications and draw ings
applicable hereto, even if the defect does not substantially impair value to Owner.
7. Taxes, Delivery, Risk of Loss: Unless indicated to the contrary on the face hereof, it shall be the responsibility of
Contractor/Vendor to arrange for and complete delivery of all goods or materials. If the goods or materials furnished thereunder are
equipment, Contractor/Vendor shall give Owner two (2) working days’ advance notice of delivery. All goods or materials furn ished
by Contractor/Vendor should be shipped in the manner and at the times indicated on the face hereof at the expense of
Contractor/Vendor, it being understood that the risk of loss with respect to such goods is with Contractor/Vendor until such goods
come into the actual possession of Owner, regardless of the mode of delivery or earlier passage of title. This project is tax exempt.
The Owner’s tax-exempt number is E_______________________________.
8. Payment: Owner will make partial payments to the Contractor/Vendor from time to time for the Work performed and the materials
furnished by the Contractor/Vendor. Provided, however, in no event shall Owner be obligated to pay Contractor/Vendor any sum that
exceeds the Contract Price absent a written change order executed by Owner.
8.1 Prior to issuance of any payments by the Owner to the Contractor/Vendor, the Contractor/Vendor shall furnish to the
Owner (in a form suitable to the Owner) an application for the payment then due, together with receipts, waivers of claim and other
evidence showing the Contractor/Vendor’s payments for materials, labor and other expense incurred in the Contractor/Vendor’s Work
hereunder. The Owner will, at all times, be entitled to retain ten percent (10%) of all monies due and owing to the Contracto r/Vendor
as a part security for the faithful performance of this Agreement. This ten percent (10%) so withheld will not be paid to the
Contractor/Vendor until the Owner has issued to the Contractor/Vendor a final acceptance of the Project.
8.2 Owner may withhold the whole or any part of any payment due to the Contractor/Vendor to the extent necessary to
protect and indemnify the Owner from loss on account of (a) defective Work not remedied; (b) claims filed or reasonable evide nce
indicating probable filing of claims; (c) failure of the Contractor/Vendor to make payments promptly for material or labor; or (d)
Contractor/Vendor’s failure to furnish Owner with all written warranties and operational manuals for the Work.
8.3 Contractor/Vendor hereby authorizes the OWNER (1) to deduct from any amount due or becoming due the
Contractor/Vendor under this Agreement for all amounts owing from the Contractor/Vendor to (a) the Owner for back -charges or
services furnished for the account of the Contractor/Vendor; (b) the Owner for damages sus tained whether through negligence of the
Contractor/Vendor or through failure of the Contractor/Vendor to act as may be otherwise detailed herein; (c) materialmen; (d )
subcontractors; (e) laborers; and (f) others for services and materials furnished to the Contractor/Vendor for the Work performed
under this Agreement, and (2) to apply the amount so deducted to the payment of said materials, services, damages or back -charges
applying such monies so available in the order hereinbefore set forth.
8.4 Owner, without invalidating this Agreement, may make changes by altering, adding to or deducting from the Work to be
performed. The value of any such changes will be determined as follows: (a) by the unit prices named in this Agreement, if a ny; or (b)
by agreement in writing between the Owner and the Contractor/Vendor as to the value of the time and materials for the changes in the
Work. In any event, the Contractor/Vendor will keep and present, in any form as the Owner may direct, a correct account of t he net
cost of any extra labor and materials, together with vouchers referring to the same.
8.5 Notwithstanding the payment in full for the Work hereunder, the Contractor/Vendor will be liable to repair or replace any
imperfect workmanship or other faults; and if the Contractor/Vendor fails to repair or replace the imperfect workmanship or other
faults, the Owner may do the Work and recover from the Contractor/Vendor the cost and expense thereof. No payment on account
will be construed or considered as an approval of the Work for which payment is made.
9. Contractor/Vendor Warranty: Contractor/Vendor warrants in addition to all warranties which are imposed or implied by law or
equity that all materials and Work furnished thereunder (a) shall confirm to any specif ications and drawings applicable to this
Purchase Order; (b) shall be merchantable and of good quality and workmanship; (c) shall be fit for the purpose intended as w ell as
the propose for which such goods, materials or Work are generally used; and (d) exc ept for rented equipment, shall be free from
defects for a period of one (1) year, or such longer period as is specified in the Scope of Work or Contract Documents, from the date
such Work is performed or such materials are utilized or installed, and if in stalled as part of a structure or utilized equipment, for one
(1) year or such longer period as is specified in the Contract Documents, from the date any such goods, materials or Work her eunder is
accepted in writing by Owner. Contractor/Vendor expressly agrees that the statute of limitations with respect to Contractor/Vendor’s
warranties shall begin to run on the date of acceptance by Owner.
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10. Insurance and Bonds: Contractor/Vendor shall at all times maintain business automobile, commercial liability and workers
compensation insurance covering its work and all obligations under this Purchase Order, and shall name the Owner as an additi onal
insured on its commercial liability insurance policies for Contractor/Vendor operations under this Purchase Orde r. Liability insurance
limits shall be in an amount sufficient to protect the Owner’s interests as they may appear herein, but in no event less than
$1,000,000.00 per occurrence. Contractor/Vendor shall furnish and pay for surety bonds and with surety or sureties satisfactory to
Owner, guaranteeing the full performance of all of the conditions and terms hereof and guaranteeing that Contractor/Vendor sh all
promptly pay for all labor, materials, supplies, tools, equipment and other charges or costs of Contr actor/Vendor in connection with
the Work. Such performance and payment bond shall be in an amount determined by Owner.
11. Indemnity: The Parties hereby agree to indemnify, and hold each other, their respective direct and indirect parents and
subsidiaries, project manager, any of their affiliated entities, successors and assigns and any current or future director, officer,
employee, partner, member or agent of any of them (the “Indemnitees”) harmless from any and all claims , demands, liability, loss,
damage, fines, penalties, attorney’s fees and litigation expenses (collectively “Loss”) arising out of injury to, including the death of,
persons and/or damage to property, to the extent caused by the negligent acts or omissions of the party providing such i ndemnification.
Further:
11.1 Contractor/Vendor acknowledges that any such items or Work furnished hereunder may include in whole or in part with
or without modification or improvements in equipment, machinery or items constructed by Owner, and that shou ld such item or Work
prove defective such charges claimed by Owner shall include consequential damages, penalties, taxes or assessments (including
punitive damages), including counsel fees and the costs of defense, which may be imposed or incurred under an y federal, state or local
low, ordinance or regulation upon or with respect to (a) the payment of compensation to any individual employed by
Contractor/Vendor; (b) any discrimination against any individual employed by Contractor/Vendor on the basis of race , color, religion,
sex, national origin or physical or mental handicap; (c) the protection of purchasers and users of consumer products; or (d)
occupational safety and health.
11.2 In any and all claims against Owner or any of its agents or employees, by any employee of Contractor/Vendor, the
indemnification obligation under this paragraph shall not be limited by any limitation on the amount or type of damages,
compensation or benefits payable by or for Contractor/Vendor under workers compensation acts, disability benefits acts or employee
benefit acts, or other applicable law. Contractor/Vendor assumes the entire liability for its own negligence, and as part of this
Agreement waives all defenses available to Contractor/Vendor as an employer which limit the amount of Contractor/Vendor’s liability
to Owner to the amount of Contractor/Vendor’s liability under any workers compensation, disability benefits or employee benefit acts.
12. Patents: Contractor/Vendor warrants that (a) goods furnished thereunder, and the sale and use thereof, shall not infringe any valid
United States patent or trademark; and (b) Contractor/Vendor shall indemnify Owner for its costs to defend any suit institute d against
Owner, its agents or customers, charging infringement of any U nited States patent or trademark by virtue of the possession, use or sale
of any goods furnished thereunder is enjoined because of patent infringement. Contractor/Vendor within a reasonable amount o f time
shall at Contractor/Vendor’s expense procure for O wner its agents or customer, the right to continue using such goods with non-
infringing goods or modify such goods so that they become non-infringing or remove such goods and refund to Owner any sums paid
therefore, including transportation and installation charges.
13. Cancellation: Time of delivery of this Purchase Order is of the essence and Owner may, by written notice of default to
Contractor/Vendor, cancel the whole or any part of this Purchase Order (a) if Contractor/Vendor fails to make delivery o f the goods or
perform the services within the time specified herein or any extensions thereof; or (b) if Contractor/Vendor fails to perform or so fails
to make progress as to endanger performance thereunder, and in either circumstance does not cure such f ailure within a period of two
(2) days after receipt of notice from Owner specifying such failure. Owner, by written notice to Contractor/Vendor, may canc el the
whole or any part of this Purchase Order when it is in the best interest of Owner or when Owne r has been notified of modification of
the specifications pertaining thereto. If this Purchase Order is so canceled, the Contractor/Vendor shall be compensated as follows: (a)
for materials delivered and services performed, the reasonable value as part of the Contract Price; (b) for materials not identified to
this Purchase Order and service not performed, no compensation; and (c) for Contractor/Vendor’s lost profits or incidental or
consequential loss, no compensation.
14. Remedies: Contractor/Vendor shall, for the duration of its warranties under paragraph 9 herein, at the discretion of Owner and at
the expense of Contractor/Vendor, replace, repair and insure any and all faulty or imperfect goods, materials or Work furnish ed or
performed by Contractor/Vendor thereunder. In the event Contractor/Vendor fails to do so, Owner may furnish or perform the same,
and may recover from Contractor/Vendor the cost and expense directly or indirectly resulting there from, including all conseq uential
damages but not limited to the cost or expense of inspection, testing, removal, replacement, re-installation, destruction of other
materials resulting there from, any increased cost or expense to Owner in its performance under contracts with others, and re asonable
attorneys fees incurred by the Owner in connection with Vendor’s default and Owner’s enforcement of its rights under this Purchase
Order. The foregoing remedies shall be available in addition to all other remedies available to Owner in equity or at law in cluding the
Uniform Commercial Code.
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15. Compliance With Laws: During the performance hereunder, Contractor/Vendor agrees to give all notices and comply with all
Laws and Regulations of the United States and/or the State of Illinois applicable to the performance of the Work, including but not
limited to those Laws and Regulations regarding the payment of prevailing wages, non-discrimination laws, employment of Illinois
workers, labor, wage and collective bargaining. Except where otherwise expressly required by applicable Laws and Regulations,
Owner shall not be responsible for monitoring Contractor/Vendor’s compliance with any Laws or Regulations.
16. Notices: All notices, demands, requests or other communications which may be or are required to be given, serve d, or sent by
any party to any other party pursuant to this Purchase Order shall be in writing and shall be hand delivered, or sent by cour ier, or via
facsimile with confirmation to the addresses shown on the Purchase Order.
17. Records, Reports and Information: Contractor/Vendor agrees to furnish Owner with reports and information regarding the
Work performed under this Purchase Order, at such times as Owner may reasonably request, making full disclosure of efforts ma de by
Contractor/Vendor and the results thereof. Contractor/Vendor agrees to maintain records, documents, and other evidence which will
accurately show the time spent and Work performed under this Purchase Order for a minimum period of five (5) years after
completion of the Work, and such records shall be subject to audit by the Owner upon reasonable advance notice to
Contractor/Vendor on a mutually agreed date and time.
18. Assignment: Contractor/Vendor shall not assign this Purchase Order without written consent of Owner. Owner may un ilaterally
assign its rights under this Purchase Order upon reasonable notice to Contractor/Vendor.
19. Waiver: Either party’s failure to insist in any one or more instances, upon the strict performance of any provision hereof or to
exercise any right hereunder shall not be deemed to be a waiver or relinquishment of the future performance of any such provision or
the future exercise of such right, but the obligation of Contractor/Vendor and Owner with respect to such future performance shall
continue in full force and effect.
20. Controlling Law, Severability: The validly of this Purchase Order or any of its provisions and the sufficiency of any
performance thereunder shall be determined under the laws of Illinois. Venue shall be in McHenry County, Ill inois. The Owner is
entitled to recover its reasonable attorneys’ fees incurred in enforcing the terms of this Purchase Order. If any provision or
requirement of this Purchase Order is declared or found to be unenforceable that balance of this Purchase O rder shall be interpreted
and enforced as if the unenforceable provision or requirement was never a part hereof.
21. Arbitration: Claims, disputes or other matters in question between the parties arising out of or relating to the Work under this
Purchase Order or breach thereof shall be subject to and decided by Arbitration in accordance with the American Arbitration
Association Construction Industry’s Arbitration Rules. Arbitration shall take place at City of McHenry City Hall.
CONTRACTOR/VENDOR:
_____________________________________________________________ ____________________________________
Date
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Department of Public Works
Troy Strange P.E., Director of Public Works
1415 Industrial Drive
McHenry, Illinois 60050
Phone: (815) 363-2186
Fax: (815) 363-2214
www.cityofmchenry.org
CONSENT AGENDA SUPPLEMENT
DATE: September 20, 2021
TO: Mayor and City Council
FROM: Troy Strange, P.E., Director of Public Works
RE: 2021-2022 Sanitary Sewer Lining, Contract Award
ATT: City of McHenry Bid Tabulation
Agreement for Execution
AGENDA ITEM SUMMARY:
Staff requests City Council to consider awarding the 2021-2022 Sanitary Sewer Lining Program
contract to Insituform Technologies USA, LLC.
BACKGROUND:
Included in FY 2021/2022 Water & Sewer Capital Budget is $50,000 for sanitary sewer lining
rehabilitation at locations downstream of the Millstream Lift Station, which will be completed in
coordination with the Riverwalk Sanitary Sewer Realignment Project anticipated to be completed
in Fall of 2021. These projects, when completed, along with operational improvements to the lift
station, will allow for the lift station to remain in operation rather than completing a lift station
relocation project which would have cost over $2,000,000.
An additional $125,000 in Water-Sewer funding will be utilized for more lining at various locations
recommended by staff. This funding will be allocated through a fund transfer from personnel
costs to contractual costs in the FY 2021/2022 Water and Sewer Operating Budget (Fund 510).
These personnel costs are being transferred from personnel to contractual due to a recent
personnel departure which will not be backfilled in accord with the Public Works Department’s
ongoing staff attrition process.
Due to other FY 2021/2022 Water-Sewer capital projects coming in under budget, an additional
$25,000 in Water and Sewer capital funding will be appropriated to this project which will bring
the overall project funding to $200,000.
This project was originally awarded in May of this year to Visu-Sewer of Illinois, LLC. However,
that contract was awarded based upon Visu-Sewer honoring previously jointly bid multi-year
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pricing which they were no longer able to meet. Because the City was not an original participant
on the original joint bid, Visu-Sewer had no obligation to honor the pricing. When the original
contractor’s material pricing changed, the City was notified that the previous pricing would be
withdrawn. Therefore, City staff prepared bid documents to run a separate bidding process later
in the year.
ANALYSIS:
The following sealed bids for the City of McHenry 2021-2022 Sanitary Sewer Lining Program were
received on September 2, 2021:
• Visu-Sewer of Illinois, LLC $193,564.50
• Insituform Technologies USA, LLC $190,881.60
• Hoerr Construction, Inc. $215,808.00
Upon review, staff has determined that Insituform Technologies USA, is the lowest responsible
bidder and recommends proceeding with award of the contract.
This project will be funded through $75,000 of FY2021/2022 Water and Sewer Fund capital
appropriations and $125,000 of FY2021/2022 Water and Sewer Fund operating costs.
RECOMMENDATION:
Therefore, if Council concurs, it is recommended to award a contract to Insituform
Technologies USA, LLC for the 2021-2022 Sanitary Sewer Lining Program in an amount of
$190,881.60 (actual amount may vary based on final measured quantities).
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Tabulation of Bids193,564.50 193,564.50 315.0000 5,040.00$ 2,100.0000 6,300.00$ 60.2500 46,995.00$ 78.5000 27,632.00$ 75.0000 4,275.00$ 185.0000 1,110.00$ 10.0000 1,900.00$ Visu-Sewer of Illinois, LLC9014 S. Thomas AvenueBridgeview, IL 60455Bid BondUnit Price Total37.5000 100,312.50$ Proposal Guarantee: Bid BondSee Attached Attendance SheetTerms:Estimate:Local Public Agency: City of McHenryTime: 10:00 AM Address of Bidder: PO Box 65 / 1416 County Road 200 NCounty: McHenryDate: 9/2/2021 Name of Bidder: Hoerr Construction, Inc.Project: 2021-2022 Sewer Lining Appropriation:Goodfield, IL 6174244.0000 117,700.00$ 32.8000 87,740.00$ Attended By:LF2675Unit PriceTotalTotalItem No.ItemDelivery UnitQuantity1CIPP LINING SANITARY - 8"2CIPP LINING SANITARY - 10"LF78079.0000 27,808.00$ 3CIPP LINING SANITARY - 15"LF3525PROTRUDING TAP REMOVALEACH64REINSTATE SERVICE LATERALEACH576REMOVAL OF MINERAL DEPOSITS OR ATTACHED DEPOSITSLF19020.0000 3,800.00$ 7MANHOLE LININGVERT. FT8MANHOLE BENCH RECONSTRUCTIONEACH16470.0000 7,520.00$ 3,600.00$ 31,200.0000 Total Bid:63.7000 49,686.00$ 65.3000 22,985.60$ 130.0000 7,410.00$ 13.0000 2,470.00$ As Read:215,808.00 As Calculated:350.0000 2,100.00$ 530.0000 3,180.00$ 100.0000 5,700.00$ 61.0000 LOW BIDDER190,881.60 Insituform Technologies USA, LLC17988 Edison AvenueChesterfield, MO 63005Bid BondUnit Price1,270.0000 3,810.00$ 850.0000 13,600.00$ 215,808.00 190,881.60 47,580.00$ Printed 9/3/2021BLR 12315 (Rev. 07/16/13)105
AGREEMENT
THIS AGREEMENT, made this 20th day of September, 2021, by and between CITY OF MCHENRY, hereinafter called
"OWNER" and INSITUFORM TECHNOLOGIES USA, LLC doing business as (an individual) or (a partnership) or (a corporation)
hereinafter called "CONTRACTOR".
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:
1. The CONTRACTOR will commence and complete the construction of 2021 SEWER LINING PROJECT
2. The CONTRACTOR will furnish all of the material, supplies, tools, equipment, labor and other services necessary
for the construction and completion of the PROJECT described herein.
3. The CONTRACTOR will commence the work required by the Contract Documents within 14 calendar days after the
date of the NOTICE TO PROCEED and will complete the same within 120 calendar days unless the period for completion is
extended otherwise by the CONTRACT DOCUMENTS.
4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with
the terms therein for the sum of $190,881.60, or as shown in the BID schedule.
5. The term "CONTRACT DOCUMENTS" means and includes the following:
(A) Advertisement for BIDS
(B) Information for BIDDERS
(C) BID
(D) BID BOND
(E) Agreement
(F) Payment BOND
(G) Performance BOND
(H) NOTICE OF AWARD
(I) NOTICE TO PROCEED
(J) CHANGE ORDER
(K) NOTICE TO BIDDERS, SPECIFICATIONS AND PROPOSAL prepared by CITY OF MCHENRY, and dated August
18, 2021.
(L) ADDENDA:
No. _________1_________, dated ___ August 26_______, 2021
The OWNER will pay to the CONTRACTOR in the manner and at such times, such amounts as required by the
CONTRACT DOCUMENTS.
6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators,
successors, and assigns. 106
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials,
this Agreement and each shall be deemed an original on the date first above written.
CITY OF MCHENRY: ATTEST:
By Name______________________
Name Title:_______________________
Title SEAL
INSITUFORM TECHNOLOGIES USA, LLC: ATTEST:
By________________________________
Name Name______________________
Title ______________________________ Title:_______________________
SEAL
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Monte Johnson
Deputy City Clerk
333 S Green Street
McHenry, Illinois 60050
Phone: (815) 363-2100
Fax: (815) 363-2119
mjohnson@cityofmchenry.org
The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and
services in a customer-oriented, efficient, and fiscally responsible manner.
CONSENT AGENDA ITEM
DATE: September 20, 2021
TO: Mayor and City Council
FROM: Monte Johnson
RE: Approval of Committee Minutes
ATT: Last unapproved minutes of each of the 4 committees
AGENDA ITEM SUMMARY:
With the recent decisions to remove City Council Committees from the City Code, there is still
one housekeeping item that must be taken care of to comply with the Open Meetings Act.
Minutes of the meetings must be approved, and committees won’t meet to approve their final
set of minutes. Although many Council and Committee members like to abstain from the
approval of minutes for the meetings they do not attend, this is not possible for this issue
because we would not be able to get these minutes approved. Therefore, it is in the best
interest to approve these sets of minutes with the understanding that the majority of the
Council members were not present at these meetings to verify the accuracy of the minutes.
RECOMMENDATION:
Therefore, if Council concurs, it is recommended a motion be made to approve the minutes of
the Public Works Committee meeting from July 26, 2021; the Parks & Rec Committee meeting
from December 17, 2018; the Finance & Personnel Committee meeting from August 23, 2021;
and the Community Development Committee meeting from February 26, 2021; with the
understanding that the majority of the Council members were not present at these meetings
to verify the accuracy of the minutes.
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Finance & Personnel
Meeting Minutes
August 23, 2021
Page 1
Finance & Personnel Committee Meeting
August 23, 2021
Call to Order: Alderwoman Miller called the meeting to order at 3:03 p.m. The meeting was
held remotely via Zoom due to the COVID-19 pandemic. The meeting was held in accordance
with the Illinois Open Meetings Act.
Roll Call: Deputy Clerk Johnson called the roll. Roll call: Members present: Alderwoman Miller,
Alderman Strach, Alderman McClatchey.
Public Comments: There were no members of the public present to make a comment.
Approval of Minutes: A motion was made by Alderman McClatchey and seconded by Alderman
Strach to approve the minutes of the August 19, 2019, Finance and Personnel Committee
meeting. The motion was made with the acknowledgement that Aldermen McClatchey and
Strach were not present at that meeting. Roll Call: Vote: 3-ayes: Alderman McClatchey, Alderman
Strach, Alderwoman Miller. 0-nays, 0-abstained. Motion carried.
Review and discussion of the First Quarter FY-21-22 Budget Report
Director Lynch stated that we ended the year well financially despite the issues with COVID. We
have almost $10 million in fund balance with a 120-day reserve. We must keep the reserve at 90
days or we would have to come up with a plan to get back to that threshold. We have almost $2
million that can be transferred from the general fund to the capital improvement fund. Properties
that might be purchased would come from this amount, as well as any parking lot improvements.
Alderwoman Miller explained that page 10 out of 10 shows the different funds and what the
balances are of each of those. Director Lynch explained what each of those funds consist of and
what we can and can’t do with each fund.
There was a discussion about the SSA 6 and its negative balance. It was explained that the City
spent money on engineering for a sewer expansion to the Hunterville Park subdivision, but they
elected not to move forward. It was debated why those residents would not want to hook on,
and the costs for each resident may have been estimated close to $20,000. It was discussed if
those costs could be lower now that there is other sewer on the east side of the river, and if the
City should check with them to see if they may want to move froward now. Director Lynch stated
that it would be wise to close out that negative balance if that SSA will not be used.
Director Lynch explained that the City’s revenues are done on an accrual basis accounting.
Therefore, the sales tax numbers shown in May/June/July are actually from Feb/March/April. At
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Finance & Personnel
Meeting Minutes
August 23, 2021
Page 2
the end of the fiscal year, we must make an adjustment, but those figures are plugged in there
for now so that we have numbers we can use for reference.
Director Lynch stated that the income tax figures appear to be a lot higher than expected. Those
could come down when COVID relief and unemployment starts to run out. Telecommunication
taxes continue to go down, but video gaming remains strong. In the general fund the Parks & Rec
took a hit due to COVID, but the swimming pool has doubled their budgeted amount, and
programming is at 61% of the budget. Overall, the general fund revenues are at 36% while we
are 25% through the fiscal year.
Alderman Strach suggested that it may be helpful to have the video gaming numbers pulled out
separately so that we can help justify the way we vote for gaming at Council meetings. The
tourism fund is at 37% of budget, although it took a hit last year. That is an important fund
because the Green Street parking lot payment is paid from that fund. The alarm board receives
payments from businesses to hook up to our system at $270 each per quarter. MFT is based on
the population of each municipality and figured throughout the State. We have only collected
two months of the local motor fuel tax this year.
Director Lynch began discussion about the IEPA fee on the water/sewer bills that is collected each
month. We have gathered a balance in that fund that could be lowered and then rolled into a
capital fee to help pay for other upgrades that have been recently discussed. It would not make
a lot of sense to pay that loan off early as the loan only has a 1% interest rate. Director Lynch will
look into how much money customers might be able to save and see if that same monthly amount
can be used for the existing debt and for upcoming projects.
The audit is finalized in October, and that could cause a few of the existing numbers to shift
around. But there usually is nothing that would make much of a difference in the overall picture.
She also explained that the recovery funds that we will be getting from the federal government
can be used for the utility relocation that must take place for the Route 31 expansion. This is good
news because that is one less big project that we will need to find money for.
Alderman Strach asked if it will be possible to keep the tax levy flat for very much longer or if we
will need to have a discussion about that in the near future. Director Lynch stated that it will not
be possible to keep that levy flat for very much longer and to keep our operations where they
have been. We try to use the local sales tax for roads and for capital projects, and with the
contracts we have with our current employees, it will not be possible to keep the levy flat. This
discussion will definitely have to take place and be considered. Alderwoman Miller explained that
people like to see what our tax money is doing, and they don’t see things happen with sewer
lining. But they do see road improvements, sidewalks, and streetscaping happen. Nobody
complained when the new pavilion was done in Veterans Park. She believes we can show
residents that their money is being spent wisely and that will help sell the need for increased
taxes.
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Adjournment: A motion was made by Alderman McClatchey and seconded by Alderman Strach
to adjourn the meeting at 4:10 p.m. Roll call: Vote: 3-ayes: Alderman McClatchey, Alderman
Strach, Alderwoman Miller. 0-nays, 0-abstained. Motion carried.
Deputy Clerk Monte Johnson
_________________________________
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Public Works Committee
Meeting Minutes
July 26, 2021
Page 1
Public Works Committee Meeting Minutes
July 26, 2021
Call to Order
Alderman Santi called the meeting to order at 7:00 p.m. The meeting was held at the City Council
Chambers, 333 S Green St, McHenry, IL.
Roll Call
Deputy Clerk Johnson called the roll. Roll call: Members present: Alderman Santi, Alderman Glab,
Alderman Harding. Others present: Public Works Director Troy Strange, Staff Engineer Greg
Gruen, Field Operations Manager Steve Wirch
Public Comment
Senator Craig Wilcox addressed the Committee to let them know that there are other options for
dealing with antiquated township rules besides writing a resolution. The electors have significant
authority and it may be wise to approach them for a special meeting to discuss the City’s issue
with the township road district tax levies.
Approve March 22, 2021 Public Works Committee Meeting Minutes
A motion was made by Alderman Harding and seconded by Alderman Glab to approve the
minutes of the March 22, 2021, Public Works Committee meeting. Roll call: Vote: 3-ayes:
Alderman Harding, Alderman Glab, Alderman Santi. 0-nays, 0-abstained. Motion carried.
Presentation of a Resolution Requesting Legislative Assistance regarding the distribution of
Township Road District Tax Levies to Illinois Municipalities and motion to move the proposed
Resolution forward to City Council for approval
Director Strange explained that he was given direction at the last Public Works Committee
meeting to prepare a resolution that could be used to help alleviate our issues with the Township
Road District tax levies. Alderman Glab stated that in the resolution we need to add examples of
how we are subject to the township districts, how much they levy, how much they collect, and
what we do and do not get in those shares.
Senator Wilcox explained that he was not intending for the City to drop the idea of a resolution.
He said a resolution is still an idea we can use to gain support, but we could also deal directly
with the township to try to get our issues settled directly. The electors in townships have
significant authorities, and we might be able to get something done dealing with them. Alderman
Glab suggested that some other municipalities might not be in the same boat as McHenry
because the funding for their streets could be handled differently.
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Sue Miller, an Alderwoman for the City but present at this meeting as a member of the public,
asked Senator Wilcox about the possibility for funding reform. He explained that he sits on the
transportation committee but doubts that this is the type of reform that will be considered. There
are discussions of what powers and authorities the different levels of government have. He also
sits on the local government committee, and the townships are a strong organization. Anytime
the State government looks at drafting a bill, it is necessary to consider whom it impacts and if it
is a big enough issue for enough municipalities. It can be difficult to make changes to townships
when going to the floor for a bill.
A motion was made by Alderman Glab and seconded by Alderman Harding to instruct Director
Strange to draft a resolution requesting legislative assistance regarding the distribution of
Township Road District Tax Levies to Illinois Municipalities. The motion included the stipulation
that the resolution be modified to include examples of how we are subject to the township
districts, how much they levy, how much they collect, and what we do and don’t get in those
shares. The resolution will be shared with the Committee members prior to going forward to
Council, and if any Committee member has questions or concerns regarding the modified
resolution, it will be brought back to Committee before going to Council. Roll call: Vote: 3-ayes:
Alderman Harding, Alderman Glab, Alderman Santi. 0-nays, 0-abstained. Motion carried.
Presentation by City staff regarding 2022 Road Resurfacing Program and motion to move
proposed program forward to City Council for approval
Director Strange explained that he is seeking a positive recommendation for funding levels for
the 2022 Road Resurfacing Program. This year is unique in that we have a bigger pool of
resources. We are looking for an approved program that we can bring forward to Council for
spending approximately $4 million on road resurfacing. Staff Engineer Greg Gruen did a lot of the
work to run this program at this level by maximizing efficiency, doing the estimating work, and
crunching the numbers. Maintenance staff in the field was utilized instead of spending money on
subcontracting. Director Strange shared his screen for the 10-year road program update.
Engineer Gruen stated that the committee previously recommended to revise the outlook to
distribute the funds and resources throughout the City and not necessarily in one localized area.
The goals are to resurface all poor rated roads in 10 years, make a fair and equitable distribution,
and get Committee approval for 2022 and 2023.
Alderman Santi opened up the meeting for public comment. Terry Locke presented a petition
from the residents of Windridge Drive. They are requesting the road surface be improved and
concrete fixed where necessary. Mr. Locke explained that the road is now 41 years old and it is
used as a pass-through off Dartmoor Drive. He believes this is more important that most cul-de-
sacs as this picks up more traffic. It was reported by Director Strange that Windridge is rated a
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July 26, 2021
Page 3
46 on the scoring scale. Alderman Devine asked when roads were last repaved in Ward 6, and
Mr. Wirch stated they were last done in 2002, 2005, and 2010.
Alderman Glab asked where the ratings came from for the roads, and Engineer Gruen said they
came from Applied Research Associates out of Champaign in 2019. Alderman Glab believes that
the roads have changed a lot in the last two years, and the City should not be using outdated
data. He would like to take into consideration the use of the roads and to have a new rating done
by Staff. He believes roads should be rated by not just numbers and the condition, but by all
factors such as location and how heavily travelled they are.
Alderwoman Miller spoke to a mathematical approach for fixing the roads. She spoke to the miles
of roads done and in bad condition, and explained that if the plan is done as presented, we can
go from 33% of the roads being in good condition to 63% in fair, good, or very good condition.
Alderman Santi stated that he is fine taking out Riverstream from the project and waiting to fix it
in future years. Alderman Glab suggested doing alternate bids in case the bids come in under the
estimated amount. Director Strange explained that we would not want to include alternate bids
because the State of Illinois is involved with these local roads, and it can be a problem getting
those contracts approved by IDOT.
Alderman Santi stated that he would be in favor of pulling Riverstream out of the project and
including Windridge in its place. Director Strange said that this would include an estimated
$20,000 difference, which could be absorbed. A motion was made by Alderman Glab and
seconded by Alderman Harding to recommend to present to full City Council the 2022 Road
Program (2022 & 2023 years) as presented with the substitution of Windridge in place of
Riverstream. Roll call: Vote: 3-ayes: Alderman Glab, Alderman Harding, Alderman Santi. 0-nays,
0-abstained. Motion carried.
Alderman Santi reported that the next Public Works Committee meeting would be scheduled for
September 27th at 6:00 p.m.
Adjournment
A motion was made by Alderman Glab and seconded by Alderman Harding to adjourn the
meeting at 7:46 p.m. Roll call: Vote: 3-ayes: Alderman Glab, Alderman Harding, Alderman Santi.
0-nays, 0-abstained. Motion carried.
______________________________
Deputy Clerk Monte Johnson
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Community Development Committee
Meeting Minutes
February 26, 20201
Page 1
Community Development Committee Meeting
February 26, 2021
Call to Order: Alderman Devine called the meeting to order at 3:00 p.m. The meeting was held
remotely via Zoom due to the COVID-19 pandemic. The meeting was in compliance with the
Open Meetings Act per guidelines by the Illinois Attorney General’s Office.
Roll Call: Deputy Clerk Johnson called the roll. Roll call: Members present: Alderman Devine,
Alderman Harding, Alderwoman Miller. Others present: City Planner Cody Sheriff, Community
Development Director Ross Polerecky, Deputy City Clerk Monte Johnson, City Attorney David
McArdle
Public Comments: No members of the public offered any comment.
Approval of Minutes: A motion was made by Alderwoman Miller and seconded by Alderman
Harding to approve the minutes of the January 5, 2021, Community Development Committee
meeting. Roll Call: Vote: 3-ayes: Alderwoman Miller, Alderman Harding, Alderman Devine. 0-
nays, 0-abstained. Motion carried.
Amortization Ordinance Discussion
Cody Sheriff explained that research on this issue was done and verified by Attorney McArdle’s
office. The information has been attached to the packet. There are a couple of ways to handle
amortizations. There can be a fixed period approach where finite timelines are set. The other is
done on a case-by-case basis. Staff suggests doing a hybrid approach, where there is a fixed
timeline but there is the ability for staff or Council to amortize based on special factors which can
give more flexibility.
There are many issues in McHenry that have been found that would be impacted which are now
technically non-conforming. Fortunately there are use variations or zoning map amendments
that can be made to handle the issues depending on the future land use recommendations. If
this ordinance is passed, it will also be recommended to accommodate impacted property
owners by waiving fees so that the nonconformities can be cleaned up.
Alderwoman Miller read through the packet and agrees that we need to get properties in
compliance. It is a good thing that we are trying to modernize and standardize these to make
them right. Her concern is that the time frames listed may be too short. She can’t imagine the
administrative work that it will take to identify all of the properties as non-conforming and can’t
see how it will be done within one year.
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Community Development Committee
Meeting Minutes
February 26, 20201
Page 2
Attorney McArdle stated that different issues can be amortized at different times depending on
their use. He does not want to wait five years to let the process begin as it may never get taken
care of. Mr. Sheriff explained that we have the ability to give use variances and extensions for
difficult cases. It was decided that everybody would be given one year to begin the process once
the issue is discovered and they have been notified. Committee Members were also in
agreement that fees could be waived to help out the owners. The plan will be to have this issue
taken to the Planning and Zoning Commission and then be brought before the full Council for
approval.
Clerk’s Note: Attorney McArdle left the meeting at 3:47 p.m.
Business License Discussion
Director Polerecky stated that the City has many different business licenses that appear to be
outdated. The Committee was given a rundown of the current license types, their fees, the
wording for each, and our projected income. Alderwoman Miller stated that she thinks it is a
good idea to get rid of all of the license types listed except for carnivals. Committee members
agreed, but there was a discussion regarding ice cream trucks. Even though they are licensed by
the County, it may be wise to keep those licensed so that we have an easy way to access their
information in case a problem arises. It was agreed upon that food trucks and other delivery
vehicles do not need to be licensed, but ice cream trucks should be. An ordinance will be prepared
to bring to the full Council.
Staff Report
Director Polerecky explained that the developers of the proposed apartment complex will hold a
Town Hall style meeting online next Wednesday. Permit fees are also set to change, and those
will be brought before the Council. The Trio gas station preliminary site plans have been received,
and they hope to break ground this summer. The Thornton’s behind the Chocolate Factory also
plans to break ground this year. Mr. Sheriff explained that work is underway on the Streetscape
Master Plan, and timelines are being finalized.
Adjournment: A motion was made by Alderman Harding and seconded by Alderwoman Miller
to adjourn the meeting at 4:18 p.m. Roll Call: Vote: 3-ayes: Alderwoman Miller, Alderman
Harding, Alderman Devine. 0-nays, 0-abstained. Motion carried.
Alderman Devine Deputy Clerk Monte Johnson
_________________________________ _________________________________
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Monte Johnson
Deputy City Clerk
333 S Green Street
McHenry, Illinois 60050
Phone: (815) 363-2100
Fax: (815) 363-2119
mjohnson@cityofmchenry.org
The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and
services in a customer-oriented, efficient, and fiscally responsible manner.
CONSENT AGENDA ITEM
DATE: September 20, 2021
TO: Mayor and City Council
FROM: Monte Johnson
RE: Purchase of 1209 Green Street
ATT: Ordinance and Contract
AGENDA ITEM SUMMARY:
Attached you should find and ordinance and the contract for the purchase of 1209 Green Street
for $385,000. This ordinance needs to be passed before closing on the property.
RECOMMENDATION:
Therefore, if Council concurs, it is recommended a motion be made to pass an Ordinance
Authorizing the Purchase of and Accepting the Real Estate Contract for 1209 Green Street,
McHenry, Illinois, Between McHenry Savings Bank and the City of McHenry
125 A
125 B
125 C
125 D
125 E
125 F
125 G
125 H
125 I
125 J
125 K
125 L
125 M
125 N
125 O
City of McHenry Council
Meeting Minutes
8.30.21
1
MINUTES
REGULAR CITY COUNCIL MEETING
Monday, August 30, 2021, 7:00 p.m.
City Council Chambers, 333 S Green St, McHenry, IL 60050
In light of the current COVID-19 public health emergency, this meeting will be held remotely
only.
The public can observe and participate by connecting online via Zoom at
https://cityofmchenry.zoom.us/j/85273687926
Or by phone at 312-626-6799, Meeting ID 852 7368 7926
Call to Order:
The meeting was held remotely via Zoom due to the COVID -19 pandemic. The meeting was
in compliance with the Open Meetings Act per guidelines by the Illinois Attorney General’s
Office.
Roll Call: Roll Call: Mayor Jett called the roll call.
Members present: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman
Harding, Alderman Strach, Alderman Devine, Alderwoman Miller, and Mayor Jett. Others
present: Attorney McArdle, Administrator Morefield, Director of Public Works Strange,
Director of Community Development Polerecky, Finance Director Lynch, Director of Parks
and Recreation Hobson, Director of Economic Development Martin, Chief of Police Birk, City
Planner Sheriff, and City Clerk Ramel.
Pledge of Allegiance: Mayor Jett led the pledge.
Public Comments: None
Public Hearing: Public Hearing on proposed Special Service Area Ordinance No. 12 for
proposed Lots 1 and 2 of the Authentix Subdivision in McHenry .
No Public Comment.
A motion was made by Alderman McClatchey and seconded by Alderwoman Miller to
approve Public Hearing as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman
Glab, Alderman McClatchey, Alderman Harding, Alderman Strach , Alderman Devine,
Alderwoman Miller. 0-nays, 0-abstained. Motion carried.
Motion to Adopt Determination of Protests and Objections by the City Council regarding
proposed Special Service Area No. 12 for proposed Lots 1 and 2 of the Authentix Subdivision
in McHenry.
No Pubic Comment
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City of McHenry Council
Meeting Minutes
8.30.21
5
A motion was made by Alderman Santi and seconded by Alderwoman Miller to
approve Public Hearing as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman
Glab, Alderman McClatchey, Alderman Harding, Alderman Strach , Alderman Devine,
Alderwoman Miller. 0-nays, 0-abstained. Motion carried.
Public Comments: Resident of McHenry, Jack, wanted to discuss his concerns of the State
of the State regarding the mask mandate from the governor. He asked the power of the
people calling on The City Council to stand against the governor regarding the oppression
etc. that is occurring with the mandates and vaccinations.
Consent Agenda: Motion to Approve the following Consent Agenda Items:
A. Authorize the Chief of Police to sign a purchase agreement with Braniff
Communication purchasing a new siren in the amount of $26,273.00, and adopt an
Ordinance amending the FY21/22 General Fund Budget in the amount of $26,273.00;
(Police Chief Birk)
B. Ordinance Authorizing an Intergovernmental Agreement for Mutual Aide and
Assistance in Law Enforcement Between the City of McHenry and Village of
Algonquin; and, Authorize the Chief of Police to Execute this IGA; (Police Chief Birk)
C. Block Party Permit for Killala Lane on September 4, 2021;
D. August 16, 2021 City Council Meeting Minutes;
E. Issuance of Checks in the amount of $222,510.25.
A motion was made by Alderman Harding and seconded by Alderwoman Miller to
approve Consent Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi,
Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman
Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried.
Individual Action Item Agenda:
A. Motion to grant a Variance to Section 10-12-4 of the City of McHenry Zoning
Ordinance to allow a ground mounted solar array at 5151 Bolger Court. (Community
Development Director Polerecky)
Solar panels have been approved for the roof as well, it is a variance for the municipal code
instead of Zoning, per Director Polerecky. No public comment.
A motion was made by Alderman Santi and seconded by Alderwoman McClathey to
approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi,
Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman
Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried.
No public comment
B. Motion to authorize the Mayor, City Clerk, City Administrator and City Attorney to
prepare and sign all contracts and closing documents necessary to purchase the
vacant property at 1209 Green Street (former McHenry Savings Bank) for a gross
purchase price not to exceed $385,000 and adopt an Ordinance amending the
127
City of McHenry Council
Meeting Minutes
8.30.21
5
FY21/22 General Fund Budget in the amount of $385,000 to facilitate the purchase.
(Mayor Jett, City Administrator Morefield)
Alderman Santi stated that he is happy that there will be more parking in the downtown
area. Wants to point out Riverside Drive as well in need of more parking. Alderman
Glab asking if the parking lot will be repaved and what the pricing of that will be and
the cost. Mayor Jett stated that Director Strange is working on that, per Director
Morefield most likely will come out of the General or Tiff Funding. Per Director Strange
approx. $300,000 is what it will cost for the resurfacing the consideration of
reconstructing the lot with a new sewer system which could be over a million dollars.
No public comment.
A motion was made by Alderman Santi and seconded by Alderman Strach to approve
Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman
Glab, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman Devine,
Alderwoman Miller. 0-nays, 0-abstained. Motion carried.
No public comment.
C. Motion to delete Windridge Drive (approx. 1,247 lineal feet) from the City 2022 Road
Resurfacing Program and add Riverstream Drive (approximately 906 lineal feet) to the
City 2022 Road Resurfacing Program. (Mayor Jett)
Mayor Jett, expressed his concern after driving the road and is in support on this along with
Alderman Devine regarding this. Wanted to bring this back to a separate motion. Alderman
McClatchey wanted to discuss the survey results and wants to follow that . He also stated that
he had made a mistake last meeting. Alderman Glab stated that the surfaces should be in
good conditions and should be evaluate d each year, besides the survey results. He wanted
the constituents to be heard across the city, that had the petition filled out.
Alderman Santi complemented Director Strange regarding the good job he is doing, also
talked about residents that had filled out a petition as well regarding their roads, would like
those to ride through the streets and check off some of the roads to experience the conditions
of the roads. This conversation went on for some time.
No public comment.
A motion was made by Alderman Devine and seconded by Alderwoman Miller to
approve Individual Agenda Items as presented: Roll Call: Vote: 5-ayes :Alderman
McClatchey, Alderman Harding, Alderman Strach, Alderman Devine, Alderwoman Miller. 2-
nays- Alderman Santi, Alderman Glab, 0-abstained. Motion carried.
No public comment.
D. Motion to approve an Ordinance amending Title 1 (Administration); Chapter 6 (City
Council); Subsection 5 (Committees) by deleting Subsection 5 (Committees) in its
entirety. (Mayor Jett)
128
City of McHenry Council
Meeting Minutes
8.30.21
5
Discussions over the past regarding the committees, feels it’s the right time to delete a
committee, important to work together on the items at a Council level. Alderman Glab, stated
that this could weaken The Council. Alderman Santi asked if a different day of the week/
month was going to be for the committee of the whole. Per Mayor Jett if there is a lo nger item
discussion they will be evaluated as the items come up. Alderman Santi want to make sure
things are covered when there is a smaller time frame or the item is not completed. Maybe
the 5th Monday could be the day, or items could be presented that d ay. Administrator
Morefield stated that we can have something on as a discussion topic for the agenda and
then maybe pick a second time to meet if its too long during the regular council meeting.
Alderwoman Miller feels this is helping with The Council being efficient. This discussion went
on for some time.
A motion was made by Alderman Strach and seconded by Alderman Devine to approve
Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman
McClatchey, Alderman Harding, Alderman Strach, Alderman Devine, Alderwoman Miller. 1-
nays- Alderman Glab, 0-abstained. Motion carried.
No public comment.
Discussion Items: None
Executive Session: None
Staff Reports.
A. August 30, 2021 Staff Report Provided.
Mayor’s Report: None
City Council Comments: Alderman Glab talked about neighbors in his ward that have a
sloping driveway while kids playing basketball the ball rolls into the street creating a
dangerous situation. He reached out to C hief Birk to put up the digital sign for speeding and
wants staff to put up children at play sign, feels he is getting push back on it. Stated that he
was told it was a false sense of security. Per Chief Birk, he did send communication to
Alderman Glab through email also stated he would send an officer over to talk to the family
about safety. Chief Birk is awaiting a response or would like to set up some time to talk about
it.
Alderman Santi thanked the Council. and along with Alderwoman Miller she is excited
regarding the meetings on Mondays. Many thanks from Alderman Strach and Alderman
McClatchey The Council for support being the newer Alderman on The Council.
129
City of McHenry Council
Meeting Minutes
8.30.21
5
Mayor’s Report: None
City Council Comments: None
Adjourn: A motion was made Alderman Santi and seconded by Alderman McClatchey
to adjourn the meeting at 8:00 PM. Roll Call: Vote:7-ayes: Alderman Santi, Alderman Glab,
Alderman McClatchey, Alderman Harding, Alderman Strach , Alderman Devine, Alderwoman
Miller-absent. 0-nay-, 0-abstained. Motion carried.
X
Mayor Wayne Jett
X
City Clerk Trisha Ramel
130
Expense Approval Register
McHenry, IL List of Bills City Council Meeting ‐ 9‐20‐21
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: AEP ENERGY
AEP ENERGY INV0012003 09/20/2021 UTIL 100‐33‐5520 2,605.70
AEP ENERGY
INV0012003
09/20/2021
UTIL
100‐42‐5510
855.75
AEP ENERGY
INV0012003
09/20/2021
UTIL
100‐45‐5510
380.32
AEP ENERGY INV0012003 09/20/2021 UTIL 400‐00‐5510 2,665.78
AEP ENERGY INV0012004 09/20/2021 UTIL 510‐31‐5510 12,052.70
AEP ENERGY
INV0012004
09/20/2021
UTIL
510‐32‐5510
20,142.51
Vendor AEP ENERGY Total: 38,702.76
Vendor: BAKER & SON CO, PETER
BAKER & SON CO, PETER 34336 09/20/2021 SFC 100‐33‐6110 599.34
BAKER & SON CO, PETER
34393
09/20/2021
2021 HMA
100‐33‐6110
294.84
BAKER & SON CO, PETER
34531
09/20/2021
SFC
100‐33‐6110
360.36
BAKER & SON CO, PETER
34643
09/20/2021
SFC
100‐33‐6110
127.68
BAKER & SON CO, PETER 34791 09/20/2021 SFC 100‐33‐6110 182.70
BAKER & SON CO, PETER
34976
09/20/2021
HMA SFC
100‐33‐6110
42.84
Vendor BAKER & SON CO, PETER Total: 1,607.76
Vendor: BALA, MARCIANA
BALA, MARCIANA
317312
09/20/2021
CXL
400‐00‐3642
160.00
Vendor BALA, MARCIANA Total:
160.00
Vendor: BAXTER & WOODMAN
BAXTER & WOODMAN
0226321
09/20/2021
OAKWOOD DR BRIDGE REHAB
270‐00‐8600
13,773.76
Vendor BAXTER & WOODMAN Total:
13,773.76
Vendor: BLUE LINE, THE
BLUE LINE, THE
42096
09/20/2021
RECR LISTING
100‐21‐5110
348.00
Vendor BLUE LINE, THE Total:
348.00
Vendor: BOONE CREEK CROSSING, LLC
BOONE CREEK CROSSING, LLC INV0012005 09/20/2021 1/2 2020 TIF INCREMENT 290‐00‐6940 650.01
Vendor BOONE CREEK CROSSING, LLC Total:
650.01
Vendor: BT MCHENRY LLC
BT MCHENRY LLC 081881 09/20/2021 WATER SEWER 5/15‐7/15/21 100‐01‐5110 89.65
Vendor BT MCHENRY LLC Total:
89.65
Vendor: CAPITAL GAINS INCORPORATED
CAPITAL GAINS
2617
09/20/2021
MGMT SVS 8/1‐10/31/2021
760‐00‐5110
8,672.00
Vendor CAPITAL GAINS INCORPORATED Total:
8,672.00
Vendor: CHRISTOPHER B BURKE ENGINEERING, LTD
CHRISTOPHER B BURKE
168762
09/20/2021
WAUK AV WW TR CLOMR
100‐01‐5110
1,066.36
CHRISTOPHER B BURKE
168763
09/20/2021
DOWNTOWN STREETSCAPE
100‐01‐8900
1,928.37
CHRISTOPHER B BURKE
168763
09/20/2021
DOWNTOWN STREETSCAPE
290‐00‐8900
5,785.13
CHRISTOPHER B BURKE 168765 09/20/2021 DESIGN ENGINEERING SVS 100‐01‐8900 2,975.00
Vendor CHRISTOPHER B BURKE ENGINEERING, LTD Total:
11,754.86
Vendor: CLEARVIEW LANDSCAPE CONSTRUCTION, INC
CLEARVIEW LANDSCAPE
#20213
09/20/2021
MOWING
510‐31‐5110
1,424.00
CLEARVIEW LANDSCAPE
#20213
09/20/2021
MOWING
510‐32‐5110
1,061.60
CLEARVIEW LANDSCAPE
20213
09/20/2021
MOWING 7/12‐9/3/2021
100‐33‐5110
3,962.40
CLEARVIEW LANDSCAPE
20213
09/20/2021
MOWING 7/12‐9/3/2021
100‐45‐5110
23,032.00
Vendor CLEARVIEW LANDSCAPE CONSTRUCTION, INC Total:
29,480.00
Vendor: FISCHLER, KIERA
FISCHLER, KIERA
319523
09/20/2021
MSHIP CHG
400‐40‐3645
168.00
Vendor FISCHLER, KIERA Total: 168.00
9/15/2021 11:43:55 AM
131
Expense Approval Register Packet: APPKT02196 ‐ 9‐20‐21 AP CKS
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: FISCHLER, TERESA
FISCHLER, TERESA
319523
09/20/2021
MSHIP CHANGE
400‐40‐3645
280.00
Vendor FISCHLER, TERESA Total:
280.00
Vendor: FOX VALLEY FIRE & SAFETY
FOX VALLEY FIRE & SAFETY
IN00457431
09/20/2021
MUN RADIO MAINT
225‐00‐5110
812.00
FOX VALLEY FIRE & SAFETY
IN00457629
09/20/2021
CSC CABLE
225‐00‐5110
506.40
FOX VALLEY FIRE & SAFETY IN00459150 09/20/2021 MUN RADIO MAINT 225‐00‐5110 1,404.00
Vendor FOX VALLEY FIRE & SAFETY Total:
2,722.40
Vendor: HEARTLAND BUSINESS SYSTEMS, LLC
HEARTLAND BUSINESS
465986‐H
09/20/2021
PENDANT KIT
620‐00‐8300
71.47
Vendor HEARTLAND BUSINESS SYSTEMS, LLC Total:
71.47
Vendor: LAUTERBACH & AMEN, LLP
LAUTERBACH & AMEN, LLP
58096
09/20/2021
PENA CALC
760‐00‐5110
350.00
Vendor LAUTERBACH & AMEN, LLP Total:
350.00
Vendor: LEXISNEXIS
LEXISNEXIS
1236684‐20210831
09/20/2021
AUG 2021 PHONE SEARCHES
100‐22‐5110
144.50
Vendor LEXISNEXIS Total: 144.50
Vendor: MCDANIELS MARKETING
MCDANIELS MARKETING INV‐6080 09/20/2021 FB AD CAMPAIGN SET UP AND 200‐00‐5110 1,950.00
MCDANIELS MARKETING
INV‐6118
09/20/2021
AD CREATIVE
200‐00‐5110
1,500.00
Vendor MCDANIELS MARKETING Total: 3,450.00
Vendor: MCHENRY COUNTY RECORDER OF DEEDS
MCHENRY COUNTY RECORDER INV0012006 09/20/2021 MTHLY REC FEES 100‐01‐6940 43.00
MCHENRY COUNTY RECORDER
INV0012007
09/20/2021
MTHLY REC FEES
510‐31‐6940
86.00
MCHENRY COUNTY RECORDER
INV0012007
09/20/2021
MTHLY REC FEES
510‐32‐6940
258.00
Vendor MCHENRY COUNTY RECORDER OF DEEDS Total:
387.00
Vendor: MCMRMA
MCMRMA
2021‐MCH‐02
09/20/2021
INSTALL 2 2021/2022
610‐00‐5950
427,757.00
Vendor MCMRMA Total: 427,757.00
Vendor: PATRICK ENGINEERING
PATRICK ENGINEERING 22177.020‐1 09/20/2021 IL 31 WATERMAIN AND SAN 510‐31‐8500 4,129.24
PATRICK ENGINEERING 22177.020‐1 09/20/2021 IL 31 WATERMAIN AND SAN 510‐32‐8500 2,064.63
Vendor PATRICK ENGINEERING Total:
6,193.87
Vendor: ROBINSON ENGINEERING LTD
ROBINSON ENGINEERING LTD 21080075 09/20/2021 PROF SVS THROUGH 7/30/21 510‐32‐8500 1,054.00
Vendor ROBINSON ENGINEERING LTD Total:
1,054.00
Vendor: SERVICEMASTER BY THACKER
SERVICEMASTER BY THACKER
23726
09/20/2021
JAN SVS #5 OF 12
100‐33‐5115
500.00
Vendor SERVICEMASTER BY THACKER Total:
500.00
Vendor: STANARD & ASSOCIATES INC
STANARD & ASSOCIATES INC
SA000048139
09/20/2021
EVAL M SZOKE
100‐21‐5110
450.00
Vendor STANARD & ASSOCIATES INC Total: 450.00
Vendor: SYLVANUS, KRISSY
SYLVANUS, KRISSY
319577
09/20/2021
TRANSF PGM
100‐41‐3637
5.00
Vendor SYLVANUS, KRISSY Total: 5.00
Vendor: WINNEBAGO LANDFILL CO
WINNEBAGO LANDFILL CO
8439
09/20/2021
SLUDGE
510‐32‐5580
5,089.20
Vendor WINNEBAGO LANDFILL CO Total:
5,089.20
Grand Total: 553,861.24
9/15/2021 11:43:55 AM
132
Expense Approval Register Packet: APPKT02196 ‐ 9‐20‐21 AP CKS
Fund Summary
Fund
Expense Amount
100 ‐ GENERAL FUND
39,993.81
200 ‐ TOURISM FUND 3,450.00
225 ‐ ALARM BOARD FUND
2,722.40
270 ‐ MOTOR FUEL TAX FUND
13,773.76
290 ‐ TIF FUND
6,435.14
400 ‐ RECREATION CENTER FUND
3,273.78
510 ‐ WATER/SEWER FUND 47,361.88
610 ‐ RISK MANAGEMENT FUND
427,757.00
620 ‐ INFORMATION TECHNOLOGY FUND
71.47
760 ‐ POLICE PENSION FUND 9,022.00
Grand Total:
553,861.24
9/15/2021 11:43:55 AM
133
Expense Approval Register
McHenry, IL #2 List of Bills for Council Meeting ‐ 9‐20‐21
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: 5 STAR SPORTS ACADEMY INC
5 STAR SPORTS ACADEMY INC 52021 09/20/2021 Invoice 52021 100‐47‐5110 1,484.50
Vendor 5 STAR SPORTS ACADEMY INC Total:
1,484.50
Vendor: ADAMS ENTERPRISES INC, R A
ADAMS ENTERPRISES INC, R A SO43371 09/20/2021 411 so43371 100‐33‐5370 38.00
ADAMS ENTERPRISES INC, R A SO43508 09/20/2021 406 s043508 100‐33‐5370 622.50
Vendor ADAMS ENTERPRISES INC, R A Total:
660.50
Vendor: ADAMS STEEL SERVICE & SUPPLY, INC
ADAMS STEEL SERVICE & 371920 09/20/2021 Welding Gas #371920 510‐32‐5375 93.70
ADAMS STEEL SERVICE &
371929
09/20/2021
Crane Service Set Aerator #3
510‐32‐5375
277.00
ADAMS STEEL SERVICE &
372042
09/20/2021
403 372042
100‐33‐5370
100.00
Vendor ADAMS STEEL SERVICE & SUPPLY, INC Total: 470.70
Vendor: ADVANCED AUTOMATION AND CONTROLS INC
ADVANCED AUTOMATION AND 21‐3724 09/20/2021 INV# 21‐3724 Plt 4 control 510‐31‐5110 9,225.00
Vendor ADVANCED AUTOMATION AND CONTROLS INC Total: 9,225.00
Vendor: AQUA PURE ENTERPRISES INC
AQUA PURE ENTERPRISES INC
0137231‐IN
09/20/2021
8 Buckets of Chlorine
100‐42‐6110
1,185.39
Vendor AQUA PURE ENTERPRISES INC Total:
1,185.39
Vendor: AQUALAB WATER TREATMENT, INC
AQUALAB WATER TREATMENT,
6603
09/20/2021
Water treatment
100‐03‐5120
100.00
Vendor AQUALAB WATER TREATMENT, INC Total:
100.00
Vendor: ARAMARK REFRESHMENT SERVICES LLC
ARAMARK REFRESHMENT
11514589
09/20/2021
Coffee Order Aug #11514589
100‐01‐6110
371.53
ARAMARK REFRESHMENT
405686
09/20/2021
Coffee #405686
100‐01‐6110
42.16
Vendor ARAMARK REFRESHMENT SERVICES LLC Total:
413.69
Vendor: ASSOCIATED ELECTRICAL CONTRACTORS
ASSOCIATED ELECTRICAL
350073401
09/20/2021
Contractual Electrical
100‐45‐5110
1,244.64
Vendor ASSOCIATED ELECTRICAL CONTRACTORS Total: 1,244.64
Vendor: AT&T LONG DISTANCE
AT&T LONG DISTANCE
2942 8‐6‐21
09/20/2021
AT&T Long Distance
620‐00‐5320
0.30
Vendor AT&T LONG DISTANCE Total:
0.30
Vendor: BADGER METER INC
BADGER METER INC
80080785
09/20/2021
Badger Monthly service fee
510‐31‐5110
441.16
Vendor BADGER METER INC Total:
441.16
Vendor: BSN SPORTS INC
BSN SPORTS INC
913558424
09/20/2021
Soccer League Equipment
100‐47‐6110
611.84
Vendor BSN SPORTS INC Total:
611.84
Vendor: CABAY & COMPANY INC
CABAY & COMPANY INC
64856
09/20/2021
Cleaning supplies
100‐03‐5120
321.20
CABAY & COMPANY INC
64877
09/20/2021
Cleaning supplies
400‐00‐6111
324.89
CABAY & COMPANY INC
64909
09/20/2021
Cleaning supplies
400‐00‐6111
163.99
CABAY & COMPANY INC 64935 09/20/2021 Cleaning supplies 400‐00‐6111 292.42
CABAY & COMPANY INC
64972
09/20/2021
Cleaning supplies
400‐00‐6111
457.01
Vendor CABAY & COMPANY INC Total: 1,559.51
Vendor: CASEY EQUIPMENT COMPANY
CASEY EQUIPMENT COMPANY P03553 09/20/2021 450 (p03553) 100‐33‐5370 219.32
Vendor CASEY EQUIPMENT COMPANY Total:
219.32
Vendor: CASSIDY TIRE & SERVICE
CASSIDY TIRE & SERVICE
902009615
09/20/2021
635
510‐32‐5370
1,941.32
Vendor CASSIDY TIRE & SERVICE Total:
1,941.32
9/15/2021 11:47:59 AM
134
Expense Approval Register Packet: APPKT02199 ‐ 9‐20‐21 RECT INVOICE
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: CDS OFFICE TECHNOLOGIES
CDS OFFICE TECHNOLOGIES
INV1400709
09/20/2021
Panasonic Arbitrator Annual
620‐00‐5110
2,250.00
Vendor CDS OFFICE TECHNOLOGIES Total:
2,250.00
Vendor: CINTAS
CINTAS
5076057952
09/20/2021
Shop Supplies
100‐45‐5110
75.63
Vendor CINTAS Total:
75.63
Vendor: CITY ELECTRIC SUPPLY
CITY ELECTRIC SUPPLY
MCH/007119
09/20/2021
42" DIN Rail ‐ Camera Project
620‐00‐8300
15.91
Vendor CITY ELECTRIC SUPPLY Total: 15.91
Vendor: COMCAST CABLE
COMCAST CABLE 0291 9‐1‐21 09/20/2021 CH Cable TV 620‐00‐5110 31.54
COMCAST CABLE
2866 9‐5‐21
09/20/2021
PW Internet
620‐00‐5110
141.40
COMCAST CABLE
3136 9‐4‐21
09/20/2021
WW Cable TV & Internet
620‐00‐5110
139.97
COMCAST CABLE
4638 9‐1‐21
09/20/2021
Vaccination Clinic Internet
620‐00‐5110
288.30
Vendor COMCAST CABLE Total:
601.21
Vendor: CONSERV FS
CONSERV FS
65124081
09/20/2021
Sportsfield Supplies
100‐45‐6110
355.60
CONSERV FS
65124447
09/20/2021
Landscape Supplies
100‐45‐6110
229.49
Vendor CONSERV FS Total:
585.09
Vendor: CURRAN CONTRACTING COMPANY
CURRAN CONTRACTING
22433
09/20/2021
HMA N50 Surface ‐ STS ‐
100‐33‐6110
359.12
CURRAN CONTRACTING
22624
09/20/2021
Commercial Surface STS ‐
100‐33‐6110
254.10
CURRAN CONTRACTING
22648
09/20/2021
N50 Surface STS ‐ #22648
100‐33‐6110
90.78
Vendor CURRAN CONTRACTING COMPANY Total:
704.00
Vendor: CUSHING SYSTEMS INC
CUSHING SYSTEMS INC
CA1‐2021592
09/20/2021
PSIMS Annual Maintenance
620‐00‐5110
10,125.00
Vendor CUSHING SYSTEMS INC Total:
10,125.00
Vendor: DREISILKER ELECTRIC MOTORS INC
DREISILKER ELECTRIC MOTORS
I192338
09/20/2021
UV Control Panel Fuses INV#
510‐32‐5375
192.36
DREISILKER ELECTRIC MOTORS
I193466
09/20/2021
SBR Control Room A/C Blower
510‐32‐5375
383.58
DREISILKER ELECTRIC MOTORS I194364 09/20/2021 Well #9 Fan Motor ‐ Inv# 510‐31‐6110 93.54
Vendor DREISILKER ELECTRIC MOTORS INC Total:
669.48
Vendor: ED'S AUTOMOTIVE/JIM'S MUFFLER SHOP
ED'S AUTOMOTIVE/JIM'S
2186 8/31/21
09/20/2021
Vehicle Safety Inspections #404
100‐33‐5370
74.50
Vendor ED'S AUTOMOTIVE/JIM'S MUFFLER SHOP Total:
74.50
Vendor: EJ EQUIPMENT
EJ EQUIPMENT
P04746
09/20/2021
Sewer Camera Controller
510‐35‐6110
567.44
Vendor EJ EQUIPMENT Total:
567.44
Vendor: EJ USA INC
EJ USA INC
110210067907
09/20/2021
2022 Road Program ‐ Frames,
100‐33‐6110
2,607.51
Vendor EJ USA INC Total: 2,607.51
Vendor: FAST EDDIES CAR WASH
FAST EDDIES CAR WASH
5/8‐9/2/21
09/20/2021
Squad Car Washes
100‐22‐5370
71.40
Vendor FAST EDDIES CAR WASH Total:
71.40
Vendor: FASTENAL
FASTENAL
ILWOD179135
09/20/2021
3/8 Drop In Anchors
510‐32‐5380
21.90
Vendor FASTENAL Total:
21.90
Vendor: FISCHER BROS FRESH
FISCHER BROS FRESH
16375
09/20/2021
2022 Road Program Concrete
100‐33‐6110
744.75
FISCHER BROS FRESH
16389
09/20/2021
2022 Road Program Concrete
100‐33‐6110
571.50
FISCHER BROS FRESH 16409 09/20/2021 2022 Road Program Concrete 100‐33‐6110 744.75
FISCHER BROS FRESH 16424 09/20/2021 2022 Road Program Concrete ‐ 100‐33‐6110 777.50
FISCHER BROS FRESH
16435
09/20/2021
2022 Road Program Concrete ‐
100‐33‐6110
744.75
FISCHER BROS FRESH
16466
09/20/2021
2022 Road Program Concrete ‐
100‐33‐6110
1,283.50
FISCHER BROS FRESH
16486
09/20/2021
Concete ‐ STS ‐ 16486
100‐33‐6110
677.00
9/15/2021 11:47:59 AM
135
Expense Approval Register Packet: APPKT02199 ‐ 9‐20‐21 RECT INVOICE
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
FISCHER BROS FRESH
16491
09/20/2021
Concrete ‐ STS ‐ 16491
100‐33‐6110
335.52
Vendor FISCHER BROS FRESH Total:
5,879.27
Vendor: G & E GREENHOUSES INC
G & E GREENHOUSES INC
178573
09/20/2021
Landscape Supplies
100‐45‐6110
936.40
Vendor G & E GREENHOUSES INC Total:
936.40
Vendor: GALLS LLC
GALLS LLC 019121519 09/20/2021 Uniform Order ‐ Neville 100‐23‐4510 35.30
GALLS LLC
019207745
09/20/2021
Uniform Order ‐ Carey
100‐22‐4510
61.48
GALLS LLC
019215165
09/20/2021
Uniform Order ‐ Allen
100‐23‐4510
71.38
GALLS LLC
019217518
09/20/2021
Uniform Order ‐ Mader
100‐22‐4510
43.12
GALLS LLC 019217519 09/20/2021 Uniform Order ‐ Fisher 100‐22‐4510 43.33
GALLS LLC 019217520 09/20/2021 Uniform Order ‐ O'Herron 100‐22‐4510 43.32
Vendor GALLS LLC Total: 297.93
Vendor: GASVODA & ASSOCIATES INC
GASVODA & ASSOCIATES INC INV2101563 09/20/2021 Gasvoda mechanical pump 510‐31‐6110 622.93
GASVODA & ASSOCIATES INC
INV2101616
09/20/2021
ORP Sensor #INV2101616
510‐32‐6110
1,270.00
Vendor GASVODA & ASSOCIATES INC Total:
1,892.93
Vendor: GRAINGER
GRAINGER 9039379970 09/20/2021 Maint.Building Compressor Reg 510‐32‐5375 294.31
Vendor GRAINGER Total:
294.31
Vendor: GROWER EQUIPMENT & SUPPLY
GROWER EQUIPMENT &
INV‐25924
09/20/2021
155 25924
100‐45‐5370
336.10
Vendor GROWER EQUIPMENT & SUPPLY Total:
336.10
Vendor: HACH COMPANY
HACH COMPANY
12605931
09/20/2021
Hach chemicals for lab
510‐31‐6110
487.19
HACH COMPANY
12608755
09/20/2021
Hach chemicals for lab
510‐31‐6110
16.59
HACH COMPANY
12624091
09/20/2021
Water Division lab chemicals
510‐31‐6110
35.75
Vendor HACH COMPANY Total:
539.53
Vendor: HALOGEN SUPPLY COMPANY
HALOGEN SUPPLY COMPANY
570366
09/20/2021
2 5olb Bags of DE
100‐42‐6110
133.20
Vendor HALOGEN SUPPLY COMPANY Total:
133.20
Vendor: HAWKINS INC
HAWKINS INC
6006601
09/20/2021
Hawkins Chemicals
510‐31‐6110
4,587.62
Vendor HAWKINS INC Total: 4,587.62
Vendor: HEARTLAND BUSINESS SYSTEMS, LLC
HEARTLAND BUSINESS
464706‐H
09/20/2021
Microsoft Monthly M365
620‐00‐5110
4,058.87
HEARTLAND BUSINESS
466068‐H
09/20/2021
Network Support ‐ Email
620‐00‐5110
67.50
HEARTLAND BUSINESS
466473‐H
09/20/2021
AUTODESK AUTOCAD LT GOV
620‐00‐6110
800.00
Vendor HEARTLAND BUSINESS SYSTEMS, LLC Total:
4,926.37
Vendor: HERITAGE‐CRYSTAL CLEAN LLC
HERITAGE‐CRYSTAL CLEAN LLC
16977927
09/20/2021
Parts Washer Service
510‐32‐5375
217.51
HERITAGE‐CRYSTAL CLEAN LLC
16977967
09/20/2021
Solvent Tank Cleaner
100‐33‐6110
217.51
Vendor HERITAGE‐CRYSTAL CLEAN LLC Total:
435.02
Vendor: HOT SHOTS SPORTS
HOT SHOTS SPORTS
2181
09/20/2021
Invoice 2181 Summer 2
100‐47‐5110
3,034.50
Vendor HOT SHOTS SPORTS Total: 3,034.50
Vendor: INDUSTRIAL/ORGANIZATIONAL SOLUTIONS LLC
INDUSTRIAL/ORGANIZATIONAL
C50968A
09/20/2021
Telecommunicator Tests
100‐23‐5110
634.00
Vendor INDUSTRIAL/ORGANIZATIONAL SOLUTIONS LLC Total:
634.00
Vendor: INTERSTATE BILLING SERVICE INC
INTERSTATE BILLING SERVICE 3024540975 09/20/2021 412 (3024540975) 100‐33‐5370 370.00
INTERSTATE BILLING SERVICE 3024624903 09/20/2021 412 3024624903 100‐33‐5370 531.08
Vendor INTERSTATE BILLING SERVICE INC Total:
901.08
9/15/2021 11:47:59 AM
136
Expense Approval Register Packet: APPKT02199 ‐ 9‐20‐21 RECT INVOICE
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: JENSEN SALES CO INC, LEE
JENSEN SALES CO INC, LEE
0012453‐00
09/20/2021
Leads for locater and hook
510‐35‐6110
295.25
Vendor JENSEN SALES CO INC, LEE Total:
295.25
Vendor: JENSEN, TED
JENSEN, TED
03847
09/20/2021
Removed set screw from
510‐32‐5375
40.00
Vendor JENSEN, TED Total:
40.00
Vendor: KIEFER & ASSOC, ADOLPH
KIEFER & ASSOC, ADOLPH
INV001111088
09/20/2021
Fit Kit for Swim Team
100‐47‐6110
1,378.00
KIEFER & ASSOC, ADOLPH
INV001111089
09/20/2021
New Swim Team Harness &
100‐47‐6110
1,720.40
Vendor KIEFER & ASSOC, ADOLPH Total:
3,098.40
Vendor: KIMBALL MIDWEST
KIMBALL MIDWEST
9134752
09/20/2021
kimball stock (9134752)
100‐33‐5370
431.52
KIMBALL MIDWEST
9147852
09/20/2021
kimball stock (9147852)
100‐33‐5370
385.21
KIMBALL MIDWEST
9170052
09/20/2021
kimball stock (9170052)
100‐33‐5370
326.43
KIMBALL MIDWEST 9190266 09/20/2021 kimball stock (9190266) 100‐33‐5370 350.07
Vendor KIMBALL MIDWEST Total:
1,493.23
Vendor: L&S ELECTRIC INC
L&S ELECTRIC INC
651760
09/20/2021
L&S Inv# 651760 Repair pump
510‐31‐5110
3,146.93
Vendor L&S ELECTRIC INC Total:
3,146.93
Vendor: MCCANN INDUSTRIES INC
MCCANN INDUSTRIES INC
P09457
09/20/2021
444 (p09457)
100‐33‐5370
147.00
MCCANN INDUSTRIES INC
P09531
09/20/2021
streets p09531
100‐33‐5370
38.37
MCCANN INDUSTRIES INC
P24762
09/20/2021
Concrete Supplies Road
100‐33‐6110
3,375.62
MCCANN INDUSTRIES INC
P24886
09/20/2021
24" stakes invoice PICPAK
100‐33‐6110
92.85
MCCANN INDUSTRIES INC
P25334
09/20/2021
Stakes #P25334
100‐33‐6110
176.30
Vendor MCCANN INDUSTRIES INC Total:
3,830.14
Vendor: MCHENRY PIERS
MCHENRY PIERS 14281 09/20/2021 Weber Park PIer 290‐00‐8900 28,750.00
Vendor MCHENRY PIERS Total:
28,750.00
Vendor: MCMASTER‐CARR SUPPLY CO
MCMASTER‐CARR SUPPLY CO 64075092 09/20/2021 Aerator Belts 510‐32‐5375 487.80
Vendor MCMASTER‐CARR SUPPLY CO Total:
487.80
Vendor: MEADE INC
MEADE INC
697570
09/20/2021
Traffic Signal Maintenance STS
100‐33‐5110
85.10
Vendor MEADE INC Total:
85.10
Vendor: MENDEZ LANDSCAPING & BRICK PAVERS INC
MENDEZ LANDSCAPING &
11300
09/20/2021
Contractual Riverwalk
100‐45‐5110
500.00
Vendor MENDEZ LANDSCAPING & BRICK PAVERS INC Total:
500.00
Vendor: MID AMERICAN WATER OF WAUCONDA INC
MID AMERICAN WATER OF
242395W
09/20/2021
Roll of 3/4 copper,3/4 Flare to
510‐31‐6110
558.40
MID AMERICAN WATER OF
242449W
09/20/2021
Culvert coupling and sdr 35 8"
100‐33‐6110
313.45
Vendor MID AMERICAN WATER OF WAUCONDA INC Total: 871.85
Vendor: MIDWEST HOSE AND FITTINGS INC
MIDWEST HOSE AND FITTINGS 21225S 09/20/2021 447 212255 100‐33‐5370 55.96
MIDWEST HOSE AND FITTINGS
212308
09/20/2021
Aquatech parts ‐ #212308
510‐35‐5370
57.27
Vendor MIDWEST HOSE AND FITTINGS INC Total: 113.23
Vendor: MOTOROLA
MOTOROLA
5954020210802
09/20/2021
Starcom21 Monthly Invoice
100‐22‐5320
789.00
Vendor MOTOROLA Total:
789.00
Vendor: MULCH CENTER, THE
MULCH CENTER, THE 217158 09/20/2021 Playground Supplies 100‐45‐6110 4,200.00
MULCH CENTER, THE 223361 09/20/2021 Playground Mulch 100‐45‐6110 1,400.00
MULCH CENTER, THE
223363
09/20/2021
Playground Mulch
100‐45‐6110
1,400.00
MULCH CENTER, THE
227696
09/20/2021
Playground Supplies
100‐45‐6110
1,400.00
MULCH CENTER, THE
227697
09/20/2021
Playground Supplies
100‐45‐6110
472.50
Vendor MULCH CENTER, THE Total:
8,872.50
9/15/2021 11:47:59 AM
137
Expense Approval Register Packet: APPKT02199 ‐ 9‐20‐21 RECT INVOICE
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: NORTH EAST MULTI‐REGIONAL TRAINING INC
NORTH EAST MULTI‐REGIONAL
289633
09/20/2021
FTO Training ‐ K. Ducak
100‐22‐5430
255.00
Vendor NORTH EAST MULTI‐REGIONAL TRAINING INC Total:
255.00
Vendor: NORTHWEST POLICE ACADEMY, THE
NORTHWEST POLICE
1137
09/20/2021
Membership Dues 2021/2022
100‐22‐5410
75.00
Vendor NORTHWEST POLICE ACADEMY, THE Total:
75.00
Vendor: OLSSON ROOFING COMPNAY INC
OLSSON ROOFING COMPNAY
21002306
09/20/2021
1900 Richmond (COVID) Leak
100‐33‐5110
264.00
OLSSON ROOFING COMPNAY
21002307
09/20/2021
Plant 1 Roof Leak Repair
510‐31‐5110
227.00
Vendor OLSSON ROOFING COMPNAY INC Total:
491.00
Vendor: PDC LABORATORIES INC
PDC LABORATORIES INC
I9479155
09/20/2021
PDC Monthly invoice #
510‐31‐5110
290.00
PDC LABORATORIES INC
I9479404
09/20/2021
PDC Monthly invoice #
510‐31‐5110
4,090.00
Vendor PDC LABORATORIES INC Total:
4,380.00
Vendor: PETROCHOICE LLC
PETROCHOICE LLC
50580138
09/20/2021
Fuel ‐ STS ‐ 50580138
100‐33‐6250
386.83
PETROCHOICE LLC
50648049
09/20/2021
diesel oil (50648049)
100‐33‐6250
1,980.75
PETROCHOICE LLC
50649507
09/20/2021
hyd oil (50649507)
100‐33‐6250
945.46
Vendor PETROCHOICE LLC Total:
3,313.04
Vendor: POLICE LEGAL SCIENCES
POLICE LEGAL SCIENCES
10460
09/20/2021
Yearly Subscription
100‐23‐5110
2,040.00
Vendor POLICE LEGAL SCIENCES Total: 2,040.00
Vendor: PRAIRIELAND DISPOSLA
PRAIRIELAND DISPOSLA
480226
09/20/2021
Garbage Stickers #480226
100‐01‐6110
7,000.00
Vendor PRAIRIELAND DISPOSLA Total: 7,000.00
Vendor: PRECISION POWDER COATING INC
PRECISION POWDER COATING
13571
09/20/2021
Street Sign Maint
100‐45‐5110
1,000.00
Vendor PRECISION POWDER COATING INC Total:
1,000.00
Vendor: PROSHRED SECURITY
PROSHRED SECURITY
990094601
09/20/2021
Monthly Shredding
100‐22‐5110
68.67
Vendor PROSHRED SECURITY Total:
68.67
Vendor: RUSSO POWER EQUIPMENT
RUSSO POWER EQUIPMENT
SPI10820897
09/20/2021
streets spi10820897
100‐33‐5370
40.99
RUSSO POWER EQUIPMENT
SPI10827162
09/20/2021
155 spi10827162
100‐45‐5370
92.97
Vendor RUSSO POWER EQUIPMENT Total:
133.96
Vendor: SAM'S CLUB
SAM'S CLUB
1221‐382
09/20/2021
Conc ‐ Food
100‐44‐6110
123.83
SAM'S CLUB
1221‐398
09/20/2021
Conc ‐ Food
100‐44‐6110
130.87
SAM'S CLUB 1221‐418 09/20/2021 Conc ‐ Food 100‐44‐6110 109.60
Vendor SAM'S CLUB Total:
364.30
Vendor: SCHOPEN PEST SOLUTIONS INC
SCHOPEN PEST SOLUTIONS INC
101175
09/20/2021
Pest Control
400‐00‐5110
75.00
SCHOPEN PEST SOLUTIONS INC
111655
09/20/2021
Pest Control
400‐00‐5110
75.00
Vendor SCHOPEN PEST SOLUTIONS INC Total:
150.00
Vendor: SERVICEMASTER BY THACKER
SERVICEMASTER BY THACKER
23725
09/20/2021
1900 Richmond (Covid) ‐
100‐33‐5110
2,380.00
Vendor SERVICEMASTER BY THACKER Total:
2,380.00
Vendor: SHAW MEDIA
SHAW MEDIA
10105871 8‐18‐21
09/20/2021
2021 Sewer Lining ‐ Bid Notice
510‐32‐5110
189.70
Vendor SHAW MEDIA Total: 189.70
Vendor: STANS LPS MIDWEST
STANS LPS MIDWEST 362437 09/20/2021 MFP DaaS / Monthly Page 620‐00‐5110 298.74
STANS LPS MIDWEST
362459
09/20/2021
MFP DaaS / Monthly Page
620‐00‐5110
165.87
STANS LPS MIDWEST
362468
09/20/2021
MFP Monthly Page Count Ricoh
620‐00‐5110
545.84
Vendor STANS LPS MIDWEST Total:
1,010.45
9/15/2021 11:47:59 AM
138
Expense Approval Register Packet: APPKT02199 ‐ 9‐20‐21 RECT INVOICE
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: SUNNYSIDE COMPANY
SUNNYSIDE COMPANY
107471
09/20/2021
526 (107471)
510‐31‐5370
45.85
Vendor SUNNYSIDE COMPANY Total:
45.85
Vendor: TOPS IN DOG TRAINING CORP
TOPS IN DOG TRAINING CORP
23516
09/20/2021
K9 Training/Food
100‐22‐6310
356.49
Vendor TOPS IN DOG TRAINING CORP Total:
356.49
Vendor: TRAFFIC CONTROL & PROTECTION INC
TRAFFIC CONTROL &
108470
09/20/2021
Handicap Signs #108470
100‐33‐6110
230.45
Vendor TRAFFIC CONTROL & PROTECTION INC Total: 230.45
Vendor: TYLER TECHNOLOGIES
TYLER TECHNOLOGIES 025‐345815 09/20/2021 Incode Personnel Mgmt Suite 620‐00‐5110 334.27
Vendor TYLER TECHNOLOGIES Total:
334.27
Vendor: ULINE
ULINE
137893805
09/20/2021
Cleaning Supplies #137893805
510‐32‐6110
249.00
Vendor ULINE Total:
249.00
Vendor: ULTRA STROBE COMMUNICATIONS INC
ULTRA STROBE
079570
09/20/2021
Getac A140 Squad Car Tablets
620‐00‐8300
16,030.36
Vendor ULTRA STROBE COMMUNICATIONS INC Total:
16,030.36
Vendor: UNITED LABORATORIES
UNITED LABORATORIES
INV326799
09/20/2021
Descaling Wipes # INV326799
510‐32‐6110
317.22
Vendor UNITED LABORATORIES Total: 317.22
Vendor: USA BLUEBOOK
USA BLUEBOOK 719002 09/20/2021 Locating Flags #719002 510‐35‐6110 141.48
Vendor USA BLUEBOOK Total:
141.48
Vendor: VERIZON CONNECT FLEET USA LLC
VERIZON CONNECT FLEET USA
328000019348
09/20/2021
GPS For PW Vehicle Fleet
620‐00‐5110
392.44
Vendor VERIZON CONNECT FLEET USA LLC Total:
392.44
Vendor: VERIZON WIRELESS
VERIZON WIRELESS
9887630407
09/20/2021
Monthly Cell Phone
620‐00‐5320
2,174.76
Vendor VERIZON WIRELESS Total:
2,174.76
Vendor: VICTOR FORD, INC
VICTOR FORD, INC
159433
09/20/2021
325 (159433)
100‐22‐5370
96.73
VICTOR FORD, INC
159577
09/20/2021
432 159577
100‐33‐5370
587.99
Vendor VICTOR FORD, INC Total:
684.72
Vendor: WOODMASTER FENCE
WOODMASTER FENCE
8301
09/20/2021
Fence repair at tower #3
510‐31‐5110
1,972.00
Vendor WOODMASTER FENCE Total: 1,972.00
Grand Total:
160,908.79
9/15/2021 11:47:59 AM
139
Expense Approval Register Packet: APPKT02199 ‐ 9‐20‐21 RECT INVOICE
Fund Summary
Fund
Expense Amount
100 ‐ GENERAL FUND
60,032.61
290 ‐ TIF FUND 28,750.00
400 ‐ RECREATION CENTER FUND
1,388.31
510 ‐ WATER/SEWER FUND
32,876.80
620 ‐ INFORMATION TECHNOLOGY FUND
37,861.07
Grand Total:
160,908.79
9/15/2021 11:47:59 AM
140
AS NEEDED CHECKS COUNCIL MEETING 9-20-2021
620 620-00-5110 AT&T 08/06/2021 1498.28
620 620-00-5320 AT&T 08/06/2021 1137.55
620 620-00-5110 AT&T 08/06/2021 1129.25
100 100-01-5420 BANKCARD PROCESSING CENTER 08/06/2021 382.64
100 100-01-6110 BANKCARD PROCESSING CENTER 08/06/2021 54.24
100 100-01-6210 BANKCARD PROCESSING CENTER 08/06/2021 121.72
100 100-01-6940 BANKCARD PROCESSING CENTER 08/06/2021 523.33
100 100-03-5120 BANKCARD PROCESSING CENTER 08/06/2021 76.69
100 100-06-5110 BANKCARD PROCESSING CENTER 08/06/2021 119.40
100 100-06-5410 BANKCARD PROCESSING CENTER 08/06/2021 693.00
100 100-06-5430 BANKCARD PROCESSING CENTER 08/06/2021 620.00
100 100-22-5370 BANKCARD PROCESSING CENTER 08/06/2021 49.00
100 100-22-6210 BANKCARD PROCESSING CENTER 08/06/2021 103.63
100 100-23-6210 BANKCARD PROCESSING CENTER 08/06/2021 28.47
400 400-00-5321 BANKCARD PROCESSING CENTER 08/06/2021 324.98
400 400-00-6141 BANKCARD PROCESSING CENTER 08/06/2021 132.00
400 400-40-5110 BANKCARD PROCESSING CENTER 08/06/2021 529.00
400 400-40-6142 BANKCARD PROCESSING CENTER 08/06/2021 475.93
510 510-32-5110 BAXTER & WOODMAN 08/06/2021 267.50
510 510-2200 DUNFORD, JOHN 08/06/2021 158.25
620 620-00-8300 HEARTLAND BUSINESS SYSTEMS, LLC 08/06/2021 384.21
620 620-00-8300 HEARTLAND BUSINESS SYSTEMS, LLC 08/06/2021 516.37
620 620-00-8300 HEARTLAND BUSINESS SYSTEMS, LLC 08/06/2021 1045.16
100 100-22-5370 NAPA AUTO PARTS MPEC 08/06/2021 214.05
100 100-22-6250 NAPA AUTO PARTS MPEC 08/06/2021 277.92
100 100-33-5370 NAPA AUTO PARTS MPEC 08/06/2021 1297.83
100 100-45-5370 NAPA AUTO PARTS MPEC 08/06/2021 24.63
510 510-31-5370 NAPA AUTO PARTS MPEC 08/06/2021 343.67
510 510-32-5370 NAPA AUTO PARTS MPEC 08/06/2021 117.57
100 100-01-5110 NICOR GAS 08/06/2021 460.22
100 100-45-6110 NORTHWEST ELECTRICAL SUPPLY CO INC 08/06/2021 165.00
100 100-03-6250 PETROCHOICE LLC 08/06/2021 169.14
510 510-32-5375 PLATINUM HEATING & COOLING INC 08/06/2021 450.00
100 100-01-5310 PURCHASE POWER 08/06/2021 11.91
100 100-03-5310 PURCHASE POWER 08/06/2021 28.29
100 100-04-5310 PURCHASE POWER 08/06/2021 508.71
100 100-22-5310 PURCHASE POWER 08/06/2021 141.12
100 100-30-5310 PURCHASE POWER 08/06/2021 17.35
100 100-41-5310 PURCHASE POWER 08/06/2021 2.16
510 510-31-5310 PURCHASE POWER 08/06/2021 0.51
100 100-46-5110 PURICH, CHRISTINE 08/06/2021 500.00
510 510-35-4510 RED WING BUSINESS ADVANTAGE 08/06/2021 228.79
100 100-33-4510 RED WING BUSINESS ADVANTAGE 08/06/2021 180.39
100 100-45-6110 RUSSO POWER EQUIPMENT 08/06/2021 115.96
510 510-31-6110 STAPLES BUSINESS CREDIT 08/06/2021 329.97
510 510-35-6210 STAPLES BUSINESS CREDIT 08/06/2021 105.31
510 510-32-5110 UNITED STATES TREASURY 08/06/2021 57.39
100 100-04-5110 UNITED STATES TREASURY 08/06/2021 7.72
620 620-00-5110 US BANK EQUIPMENT FINANCE 08/06/2021 336.21
620 620-00-5110 VERIZON CONNECT NWF, INC 08/06/2021 446.94
100 100-33-5520 AEP ENERGY 08/12/2021 1832.90
100 100-42-5510 AEP ENERGY 08/12/2021 919.28
100 100-45-5510 AEP ENERGY 08/12/2021 591.51
400 400-00-5510 AEP ENERGY 08/12/2021 2385.01
510 510-31-5510 AEP ENERGY 08/12/2021 11892.13
510 510-32-5510 AEP ENERGY 08/12/2021 16792.42
141
100 100-03-5120 CINTAS CORPORATION LOC 355 08/12/2021 90.95
100 100-33-4510 CINTAS CORPORATION LOC 355 08/12/2021 208.20
100 100-33-6110 CINTAS CORPORATION LOC 355 08/12/2021 241.36
510 510-32-4510 CINTAS CORPORATION LOC 355 08/12/2021 727.11
510 510-35-4510 CINTAS CORPORATION LOC 355 08/12/2021 94.97
620 620-00-8300 DELL FINANCIAL SERVICES LLC 08/12/2021 24103.44
100 100-01-8200 FIRST BANKCARD 08/12/2021 4374.13
100 100-30-6210 FIRST BANKCARD 08/12/2021 26.00
100 100-41-5330 FIRST BANKCARD 08/12/2021 60.29
100 100-41-6920 FIRST BANKCARD 08/12/2021 171.37
100 100-42-6110 FIRST BANKCARD 08/12/2021 190.24
100 100-44-6110 FIRST BANKCARD 08/12/2021 50.00
100 100-46-5110 FIRST BANKCARD 08/12/2021 440.00
100 100-46-6110 FIRST BANKCARD 08/12/2021 650.42
100 100-46-6920 FIRST BANKCARD 08/12/2021 221.00
100 100-47-5110 FIRST BANKCARD 08/12/2021 759.00
100 100-47-6920 FIRST BANKCARD 08/12/2021 197.86
620 620-00-5110 FIRST BANKCARD 08/12/2021 499.00
510 510-31-5410 FIRST BANKCARD 08/12/2021 100.00
225 225-00-5110 FOX VALLEY FIRE & SAFETY 08/12/2021 195.00
280 280-41-8800 FREUND & SON INC, S H 08/12/2021 16632.00
280 280-41-8800 NILCO, INC 08/12/2021 30000.00
280 280-41-8800 THE HOLLAND DESIGN GROUP, INC 08/12/2021 12448.66
100 100-33-5520 AEP ENERGY 08/20/2021 2663.62
100 100-42-5510 AEP ENERGY 08/20/2021 975.70
100 100-45-5510 AEP ENERGY 08/20/2021 460.24
400 400-00-5510 AEP ENERGY 08/20/2021 2676.73
510 510-31-5510 AEP ENERGY 08/20/2021 11349.96
510 510-32-5510 AEP ENERGY 08/20/2021 16039.07
510 510-32-6110 CENTURY SPRINGS 08/20/2021 27.57
510 510-32-6110 CENTURY SPRINGS 08/20/2021 27.57
510 510-32-6110 CENTURY SPRINGS 08/20/2021 19.38
510 510-32-6110 CENTURY SPRINGS 08/20/2021 19.38
510 510-32-6110 CENTURY SPRINGS 08/20/2021 27.57
620 620-00-5110 COMCAST CABLE 08/20/2021 133.40
100 100-33-5520 COMED 08/20/2021 19408.87
100 100-01-8200 HOME DEPOT CREDIT SERVICES 08/20/2021 1467.48
100 100-03-6110 HOME DEPOT CREDIT SERVICES 08/20/2021 656.96
100 100-33-6110 HOME DEPOT CREDIT SERVICES 08/20/2021 122.13
100 100-33-6270 HOME DEPOT CREDIT SERVICES 08/20/2021 598.00
100 100-45-6110 HOME DEPOT CREDIT SERVICES 08/20/2021 38.88
100 100-45-6110 HOME DEPOT CREDIT SERVICES 08/20/2021 642.53
510 510-32-5380 HOME DEPOT CREDIT SERVICES 08/20/2021 249.60
510 510-32-5375 LAI LTD 08/20/2021 2118.00
100 100-05-5110 NORTHWESTERN MEDICINE OCC HEALTH 08/20/2021 115.00
610 610-00-6940 NORTHWESTERN MEDICINE OCC HEALTH 08/20/2021 65.00
100 100-41-5310 POSTMASTER MCHENRY IL 08/20/2021 1710.24
100 100-45-6270 RUSSO POWER EQUIPMENT 08/20/2021 4383.96
100 100-44-6110 SAM'S CLUB 08/20/2021 665.00
100 100-46-6110 SAM'S CLUB 08/20/2021 33.04
620 620-00-8300 THINKGARD, LLC 08/20/2021 44022.00
620 620-00-8300 THINKGARD, LLC 08/20/2021 51840.00
100 100-22-5310 UPS 08/20/2021 22.47
620 620-00-5110 US BANK EQUIPMENT FINANCE 08/20/2021 598.56
620 620-00-5110 VERIZON CONNECT NWF, INC 08/20/2021 384.81
510 510-32-5580 WINNEBAGO LANDFILL CO 08/20/2021 4015.60
760 760-00-4990 ARLINGTON HEIGHTS POLICE PENSION FUND08/27/2021 45732.84
210 210-00-5110 BREIDENBACH, LARRY 08/27/2021 500.00
142
510 510-32-5510 COMED 08/27/2021 42.63
100 100-33-5520 COMED 08/27/2021 49.61
100 100-45-5510 COMED 08/27/2021 49.54
225 225-00-5110 FOX VALLEY FIRE & SAFETY 08/27/2021 8730.00
620 620-00-5110 MCHENRY COUNTY RECORDER OF DEEDS 08/27/2021 275.00
100 100-42-5410 NORTHERN ILLINOIS SWIM CONFERENCE 08/27/2021 310.60
100 100-33-5110 ILLINOIS DEPT OF NATURAL RESOURCES 08/30/2021 300.00
TOTAL:367372.15
143
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
Conceptual Development Presentation
TO: Mayor and City Council
FROM: Ross Polerecky, Community Development Director
FOR: September 20, 2021 Regular City Council Meeting
RE: Conceptual Presentation for a 540-unit apartment complex on the Northeast
corner of South Route 31 and Veterans Parkway
ATT: Site map
Agenda Item Summary: Cunat Inc. is proposing a 540-unit apartment complex on the Northeast
corner of South Route 31 and Veterans Parkway. Staff is in the process of investigating the impact
this development will have on water and sewer systems as well as traffic at the inters ection. Staff
has reached out to IDOT to start a communication line in regard to the traffic signal at Veterans
and Route 31 and the Route 31 expansion project. This presentation is purely conceptual for city
council to give the developer some feedback about the project.
144
Department of Public Works
Troy Strange, P.E., Director of Public Works
1415 Industrial Drive
McHenry, Illinois 60050
Phone: (815) 363-2186
Fax: (815) 363-2214
www.cityofmchenry.org
The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest
quality of programs and services in a customer-oriented, efficient and fiscally responsible manner.
REGULAR AGENDA SUPPLEMENT
DATE: September 20, 2021
TO: Mayor and City Council
FROM: Troy Strange, P.E., Director of Public Works
RE: Water and Sewer Base Fee Recommendation
ATT: Appendix A - Water Sewer Fund Ten Year Capital Projection (2022-2031)
Appendix B - Community Rate Comparison with Base Fee Options
Appendix C - Revenue Tables for Water and Sewer Base Fees
AGENDA ITEM SUMMARY:
Staff is requesting a recommendation and selection from the City Council of a final Water and
Sewer base fee option for capital project funding. The recommended base fee option will be
brought before the City Council for the adoption of an update to the Water and Sewer user fee
ordinance.
DISCUSSION:
At the August 16, 2021 City Council Meeting, staff presented an update of the financial status of
the Water and Sewer Fund as well as a projection of future capital costs for both capital
maintenance projects and capital replacement projects. At this meeting, the City’s current
operating and base fees were compared with other comparable communities. These rates were
presented in conjunction with a set of options for potential base fees. Each base fee option was
associated with a specific set of capital items and an associated cash flow schedule.
Improvements to be considered included: capital maintenance and replacement for vehicles,
equipment, well and water plant equipment, lift station equipment, sanitary sewer lining, water
tower painting, and water main replacement.
Upon a review of all existing base fees and debt service fees by the Finance Department, it was
determined that the base fee options and associated capital improvements under consideration
can be accomplished with adjustments to existing State Revolving Loan Fund (SRF) loan
collections for the Wastewater Treatment Plant Consolidation project . These adjustments will
result in minimal net increases of overall base and debt service fees.
145
The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest
quality of programs and services in a customer-oriented, efficient and fiscally responsible manner.
When the debt service collections for the 2017 SRF loan were enacted, they were set based upon
a top end number for the potential cost of the WWTP Consolidation Project. As final costs have
come in, the overall debt to be serviced is less than is reflecte d in the current debt service fees.
Rates to service the SRF loan are currently set at $29.53 per billing period , however, based upon
the current number of users and remaining time frame for collections , this rate can be reduced
to $24.53 while still retaining the ability of generating sufficient revenue to service the SRF loan
debt. Revenue tables are attached for the reference of the City Council.
Staff are proposing a reduction in SRF loan debt service fees in coordination with a selected base
fee option. The results of these adjustments will create a significantly lower net overall fee
increase than previously presented at the August 16, 2021 City Council Meeting. Based upon the
consensus drawn from the discussion at the City Council the following options are presented for
consideration:
Existing Fees Proposed Option A Proposed Option B
2010 Loan $ 6.00 $ 6.00 $ 6.00
SRF Loan $ 29.53 $ 24.53 $ 24.53
Base Fee $ 6.00 $ 11.50 $ 19.50
Total Base/Debt Fees $ 41.53 $ 42.03 $ 50.03
Option A Includes: Capital Maintenance & Replacement of Equipment, Tower Painting, Sewer Lining
Option B Includes: Capital Maintenance & Replacement of Equipment, Tower Painting, Sewer Lining, 10-Year Water Main Replacement
ANALYSIS:
Staff has prepared a listing of comparable communities’ water and sewer rates , which include all
operating, base/capital fees, and debt service fees. Upon co mparison, staff has determined that
the City’s current rate structure is competitive and representative of the local industry standard
municipal water and wastewater billing structures. Upon further comparison, staff has
determined that in the case of adoption of any of the evaluated base fee options, the City’s
pricing will remain competitive.
RECOMMENDATION:
Therefore, if Council concurs, it is recommended that City Council select a base fee option to
move forward for adoption in an ordinance adjusting water and sewer user fees to include the
selected base fee. This adoption will occur at the next available City Council Meeting as soon
as the ordinance is prepared.
146
Water Sewer Fund 10 Year Capital Projection (2022‐2031)DivisionDepartment AssetTreatmentIntervalYear DueCost2022 2023 2024 2025 2026 2027 2028 2029 2030 2031UtilityPublic Works Infrastructure Annual Lining ProgramSanitary Sewer Sewer Lining50Annual325,000.00$ 325,000.00$ 325,000.00$ 325,000.00$ 325,000.00$ 325,000.00$ 325,000.00$ 325,000.00$ 325,000.00$ 325,000.00$ UtilityPublic Works Infrastructure Green Street Water MainWater Main Replacement1002022600,000.00$ 600,000.00$ ‐‐‐‐‐‐‐‐‐UtilityPublic Works Infrastructure Richmond Road Water Main Water Main Replacement1002023525,000.00$ ‐525,000.00$ ‐‐‐‐‐‐‐‐UtilityPublic Works Infrastructure Barreville Road Water MainWater Main Extension1002025400,000.00$ ‐‐‐400,000.00$ ‐‐‐‐‐‐UtilityPublic Works Infrastructure Fox River CrossingWater Main Extension1002026350,000.00$ ‐‐‐‐350,000.00$ ‐‐‐‐‐UtilityPublic Works Infrastructure Oak Drive Water MainWater Main Replacement1002026330,000.00$ ‐‐‐‐330,000.00$ ‐‐‐‐‐UtilityPublic Works Infrastructure Maple Avenue Water MainWater Main Replacement1002027425,000.00$ ‐‐‐‐‐425,000.00$ ‐‐‐‐UtilityPublic Works Infrastructure Grand Avenue Water mainWater Main Replacement1002028425,000.00$ ‐‐‐‐‐‐425,000.00$ ‐‐‐UtilityPublic Works Infrastructure Main Street Water MainWater Main Replacement1002028125,000.00$ ‐‐‐‐‐‐125,000.00$ ‐‐‐UtilityPublic Works Infrastructure Anne Street Water MainWater Main Replacement1002030570,000.00$ ‐‐‐‐‐‐‐‐570,000.00$ ‐UtilityPublic Works Infrastructure Mill Street Water MainWater Main Replacement1002030125,000.00$ ‐‐‐‐‐‐‐‐125,000.00$ ‐UtilityPublic Works Infrastructure Borden Street Water MainWater Main Extension100203075,000.00$ ‐‐‐‐‐‐‐‐75,000.00$ ‐UtilityPublic Works Infrastructure Medical Center Water MainWater Main Extension100203050,000.00$ ‐‐‐‐‐‐‐‐50,000.00$ ‐UtilityPublic Works Infrastructure Front Royal Water MainWater Main Replacement1002031525,000.00$ ‐‐‐‐‐‐‐‐‐525,000.00$ UtilityPublic Works Infrastructure City Campus Water Main Loop Water Main Replacement1002031250,000.00$ ‐‐‐‐‐‐‐‐‐250,000.00$ WaterPublic Works Facility Well 2AquiferRehabilitation2202235,000.00$ 35,000.00$ ‐‐‐‐‐‐‐‐‐Wastewater Public Works Vehicle UTV/GatorVehicle # 622 Replace12202215,000.00$ 15,000.00$ ‐‐‐‐‐‐‐‐‐UtilityPublic Works Vehicle Pick‐Up w/ Lift GateTruck #800Replacement12202255,000.00$ 55,000.00$ ‐‐‐‐‐‐‐‐‐Wastewater Public Works Facility Freund Lift StationPumpsReplacement20202220,000.00$ 20,000.00$ ‐‐‐‐‐‐‐‐‐Wastewater Public Works Facility Freund Lift StationControlsReplacement20202220,000.00$ 20,000.00$ ‐‐‐‐‐‐‐‐‐Wastewater Public Works Equipment Tertiary BuildingUV Lamps (Channel 1) Replace5202312,500.00$ ‐12,500.00$ ‐‐‐‐‐‐‐‐WaterPublic Works System SCADAServerReplacement7202335,000.00$ ‐35,000.00$ ‐‐‐‐‐‐‐‐WaterPublic Works Facility Well 5Pump Equipment Replacement12202350,000.00$ ‐50,000.00$ ‐‐‐‐‐‐‐‐WaterPublic Works Facility Well 5AquiferRehabilitation12202335,000.00$ ‐35,000.00$ ‐‐‐‐‐‐‐‐UtilityPublic Works Equipment Utility Division TrailerReplacement20202315,000.00$ ‐15,000.00$ ‐‐‐‐‐‐‐‐UtilityPublic Works Equipment Easement Jetting MachineNew Equipment20202315,000.00$ ‐15,000.00$ ‐‐‐‐‐‐‐‐WaterPublic Works Vehicle Operator VehicleTruck #521Replacement12202330,000.00$ ‐30,000.00$ ‐‐‐‐‐‐‐‐Wastewater Public Works Facility Hemlock Lift StationPumpsReplacement20202315,000.00$ ‐15,000.00$ ‐‐‐‐‐‐‐‐Wastewater Public Works Facility Hemlock Lift StationControlsReplacement20202310,000.00$ ‐10,000.00$ ‐‐‐‐‐‐‐‐Wastewater Public Works Facility Millstream Lift StationControlsReplacement20202320,000.00$ ‐20,000.00$ ‐‐‐‐‐‐‐‐UtilityPublic Works Equipment Camera Truck (Replace with Van) Truck #804Replacement20202440,000.00$ ‐‐40,000.00$ ‐‐‐‐‐‐‐WaterPublic Works Facility Water Tower 4CoatingsClean & Paint252024750,000.00$ ‐‐750,000.00$ ‐‐‐‐‐‐‐Wastewater Public Works Equipment Freund Lift StationGeneratorNew Installation40202450,000.00$ ‐‐50,000.00$ ‐‐‐‐‐‐‐Wastewater Public Works Equipment Millstream Lift Sta.GeneratorNew Installation40202450,000.00$ ‐‐50,000.00$ ‐‐‐‐‐‐‐WaterPublic Works Facility Water Plant 1CoatingsRehabilitation15202475,000.00$ ‐‐75,000.00$ ‐‐‐‐‐‐‐WaterPublic Works Facility Water Plant 2Motor Control Center Relocation20202475,000.00$ ‐‐75,000.00$ ‐‐‐‐‐‐‐Wastewater Public Works Technology SCADAServerReplace7202435,000.00$ ‐‐35,000.00$ ‐‐‐‐‐‐‐WaterPublic Works Facility Well 6AquiferRehabilitation12202435,000.00$ ‐‐35,000.00$ ‐‐‐‐‐‐‐WaterPublic Works Facility Well 6Pump Equipment Replacement12202450,000.00$ ‐‐50,000.00$ ‐‐‐‐‐‐‐WaterPublic Works Vehicle Operator VanTruck #526Replacement12202425,000.00$ ‐‐25,000.00$ ‐‐‐‐‐‐‐WaterPublic Works Facility Well 2AquiferRehabilitation2202435,000.00$ ‐‐35,000.00$ ‐‐‐‐‐‐‐Wastewater Public Works Facility South Riverside Lift StationPumpsReplacement20202420,000.00$ ‐‐20,000.00$ ‐‐‐‐‐‐‐Wastewater Public Works Facility South Riverside Lift StationControlsReplacement20202420,000.00$ ‐‐20,000.00$ ‐‐‐‐‐‐‐UtilityPublic Works Equipment Backhoe Case 590#811Replacement202025130,000.00$ ‐‐‐130,000.00$ ‐‐‐‐‐‐WaterPublic Works Facility Water Plant 4CoatingsRehabilitation20202575,000.00$ ‐‐‐75,000.00$ ‐‐‐‐‐‐WaterPublic Works Facility Well 2Pump Equipment Replacement4202550,000.00$ ‐‐‐50,000.00$ ‐‐‐‐‐‐WaterPublic Works Vehicle Meter Reading VanTruck #527Replacement12202530,000.00$ ‐‐‐30,000.00$ ‐‐‐‐‐‐Wastewater Public Works Facility Diamond Lift StationPumpsReplacement20202515,000.00$ ‐‐‐15,000.00$ ‐‐‐‐‐‐Wastewater Public Works Facility Doolin Lift StationControlsReplacement20202510,000.00$ ‐‐‐10,000.00$ ‐‐‐‐‐‐Wastewater Public Works Equipment Broadway Lift Sta.GeneratorNew Installation40202650,000.00$ ‐‐‐‐50,000.00$ ‐‐‐‐‐Wastewater Public Works Equipment South Riverside Lift S.GeneratorNew Installation40202650,000.00$ ‐‐‐‐50,000.00$ ‐‐‐‐‐Wastewater Public Works Facility Freund Lift StationMajor Mechanical Replace50202660,000.00$ ‐‐‐‐60,000.00$ ‐‐‐‐‐WaterPublic Works Facility Well 7Pump Equipment Replacement12202650,000.00$ ‐‐‐‐50,000.00$ ‐‐‐‐‐WaterPublic Works Facility Well 7AquiferRehabilitation12202635,000.00$ ‐‐‐‐35,000.00$ ‐‐‐‐‐UtilityPublic Works Vehicle Medium Duty TruckTruck #803Replacement12202635,000.00$ ‐‐‐‐35,000.00$ ‐‐‐‐‐UtilityPublic Works Vehicle Management VehicleTruck #806Replacement12202635,000.00$ ‐‐‐‐35,000.00$ ‐‐‐‐‐UtilityPublic Works Vehicle Utility Locator TruckTruck #824Replacement12202640,000.00$ ‐‐‐‐40,000.00$ ‐‐‐‐‐UtilityPublic Works Equipment Mini/Easement Excavator#810Replacement20202685,000.00$ ‐‐‐‐85,000.00$ ‐‐‐‐‐WaterPublic Works Facility Well 2AquiferRehabilitation2202635,000.00$ ‐‐‐‐35,000.00$ ‐‐‐‐‐WaterPublic Works Facility Water Plant 1GeneratorsNew Installation502027100,000.00$ ‐‐‐‐‐100,000.00$ ‐‐‐‐WaterPublic WorksFacility Water Plant 3GeneratorsNew Installation502027100,000.00$ ‐‐‐‐‐100,000.00$ ‐‐‐‐WaterPublic Works Facility Well 3Pump Equipment Replacement12202750,000.00$ ‐‐‐‐‐50,000.00$ ‐‐‐‐WaterPublic Works Facility Well 3AquiferRehabilitation12202735,000.00$ ‐‐‐‐‐35,000.00$ ‐‐‐‐WaterPublic Works Facility Water Plant 3CoatingsRehabilitation20202775,000.00$ ‐‐‐‐‐75,000.00$ ‐‐‐‐Wastewater Public Works Equipment Boone Lagoon Lift St.PumpsReplace20202730,000.00$ ‐‐‐‐‐30,000.00$ ‐‐‐‐Wastewater Public Works Equipment Boone Lagoon Lift St.ControlsUpgrade20202720,000.00$ ‐‐‐‐‐20,000.00$ ‐‐‐‐WaterPublic Works Facility Water Plant 1, Well 2, Well 3 Controls ControlsReplacement202027100,000.00$ ‐‐‐‐‐100,000.00$ ‐‐‐‐ProjectAppendix A:147
Water Sewer Fund 10 Year Capital Projection (2022‐2031)DivisionDepartment AssetTreatmentIntervalYear DueCost2022 2023 2024 2025 2026 2027 2028 2029 2030 2031ProjectWaterPublic Works Facility Water Plant 2Aeration System Replacement25202750,000.00$ ‐‐‐‐‐50,000.00$ ‐‐‐‐WaterPublic Works Facility Water Plant 3, Well 7, Well 8 Controls ControlsReplacement202027100,000.00$ ‐‐‐‐‐100,000.00$ ‐‐‐‐WaterPublic Works System SCADACommunication Sys Replacement20202750,000.00$ ‐‐‐‐‐50,000.00$ ‐‐‐‐Wastewater Public Works Facility River Road Lift StationPumpsReplacement20202720,000.00$ ‐‐‐‐‐20,000.00$ ‐‐‐‐Wastewater Public Works Facility River Road Lift StationControlsReplacement20202715,000.00$ ‐‐‐‐‐15,000.00$ ‐‐‐‐WaterPublic Works System SCADAServerReplacement7202850,000.00$ ‐‐‐‐‐‐50,000.00$ ‐‐‐WaterPublic Works Facility Well 8Pump Equipment Replacement12202850,000.00$ ‐‐‐‐‐‐50,000.00$ ‐‐‐WaterPublic Works Facility Well 8AquiferRehabilitation12202835,000.00$ ‐‐‐‐‐‐35,000.00$ ‐‐‐Wastewater Public Works Equipment Grove Lift StationPumpsReplace20202815,000.00$ ‐‐‐‐‐‐15,000.00$ ‐‐‐Wastewater Public Works Equipment Grove Lift StationControlsUpgrade20202820,000.00$ ‐‐‐‐‐‐20,000.00$ ‐‐‐Wastewater Public Works Equipment Diesel Fuel TankFuel TankReplace40202820,000.00$ ‐‐‐‐‐‐20,000.00$ ‐‐‐Wastewater Public Works Equipment Tertiary BuildingUV Lamps (Channel 2) Replace5202812,500.00$ ‐‐‐‐‐‐12,500.00$ ‐‐‐Wastewater Public Works Vehicle Service Truck‐WWTruck # 624Replace122028125,000.00$ ‐‐‐‐‐‐125,000.00$ ‐‐‐Wastewater Public Works Vehicle Pick‐Up, 1/2 TonTruck # 620Replace12202835,000.00$ ‐‐‐‐‐‐35,000.00$ ‐‐‐WaterPublic Works Facility SCADACom System Replacement20202825,000.00$ ‐‐‐‐‐‐25,000.00$ ‐‐‐WaterPublic Works Facility Well 2AquiferRehabilitation2202835,000.00$ ‐‐‐‐‐‐35,000.00$ ‐‐‐Wastewater Public Works Facility Broadway Lift StationPumpsReplacement20202820,000.00$ ‐‐‐‐‐‐20,000.00$ ‐‐‐Wastewater Public Works Facility Broadway Lift StationControlsReplacement20202815,000.00$ ‐‐‐‐‐‐15,000.00$ ‐‐‐WaterPublic Works Facility Water Tower 1CoatingsClean & Paint252029350,000.00$ ‐‐‐‐‐‐‐350,000.00$ ‐‐Wastewater Public Works Equipment Regional Pump Sta.Hydrodyne Screens Rehabilitate10202940,000.00$ ‐‐‐‐‐‐‐40,000.00$ ‐‐Wastewater Public Works Equipment Step‐Screen BuildingHuber Step Screen Rehabilitate10202930,000.00$ ‐‐‐‐‐‐‐30,000.00$ ‐‐Wastewater Public Works Equipment Tertiary BuildingDisc FiltersRehabilitate10202950,000.00$ ‐‐‐‐‐‐‐50,000.00$ ‐‐Wastewater Public Works Equipment Donovan Lift StationPumpsReplace20202930,000.00$ ‐‐‐‐‐‐‐30,000.00$ ‐‐Wastewater Public Works Equipment Donovan Lift StationControlsUpgrade20202920,000.00$ ‐‐‐‐‐‐‐20,000.00$ ‐‐WaterPublic Works Facility Well 9Pump Equipment Replacement12202975,000.00$ ‐‐‐‐‐‐‐75,000.00$ ‐‐WaterPublic Works Facility Well 9AquiferRehabilitation12202950,000.00$ ‐‐‐‐‐‐‐50,000.00$ ‐‐Wastewater Public Works Equipment East Dartmoor Lift St.PumpsReplace20202920,000.00$ ‐‐‐‐‐‐‐20,000.00$ ‐‐Wastewater Public Works Equipment East Dartmoor Lift St.ControlsUpgrade20202920,000.00$ ‐‐‐‐‐‐‐20,000.00$ ‐‐WaterPublic Works Facility Well 2Pump Equipment Replacement4202950,000.00$ ‐‐‐‐‐‐‐50,000.00$ ‐‐Wastewater Public Works Facility Cartwright Lift StationPumpsReplacement20202925,000.00$ ‐‐‐‐‐‐‐25,000.00$ ‐‐Wastewater Public Works Facility Cartwright Lift StationControlsReplacement20202910,000.00$ ‐‐‐‐‐‐‐10,000.00$ ‐‐Wastewater Public Works Vehicle Hook TruckTruck # 635Replace152030150,000.00$ ‐‐‐‐‐‐‐‐150,000.00$ ‐WaterPublic Works Facility Well 2AquiferRehabilitation2203035,000.00$ ‐‐‐‐‐‐‐‐35,000.00$ ‐Wastewater Public Works Facility Carrick Lift StationPumpsReplacement20203025,000.00$ ‐‐‐‐‐‐‐‐25,000.00$ ‐Wastewater Public Works Facility Carrick Lift StationControlsReplacement20203010,000.00$ ‐‐‐‐‐‐‐‐10,000.00$ ‐WaterPublic Works Facility Water Plant 2CoatingsRehabilitation15203175,000.00$ ‐‐‐‐‐‐‐‐‐75,000.00$ Wastewater Public Works Vehicle Hook TruckTruck # 634Replace152031150,000.00$ ‐‐‐‐‐‐‐‐‐150,000.00$ Wastewater Public Works Facility Route 120 Lift StationPumpsReplacement20203120,000.00$ ‐‐‐‐‐‐‐‐‐20,000.00$ Wastewater Public Works Facility Route 120 Lift StationControlsReplacement20203120,000.00$ ‐‐‐‐‐‐‐‐‐20,000.00$ Public Works Facility West Dartmoor Lift StationPumpsReplacement20203125,000.00$ ‐‐‐‐‐‐‐‐‐25,000.00$ WaterPublic Works Facility Well 10Pump Equipment Replacement12203150,000.00$ ‐‐‐‐‐‐‐‐‐50,000.00$ WaterPublic Works Facility Well 10AquiferRehabilitation12203135,000.00$ ‐‐‐‐‐‐‐‐‐35,000.00$ Option BWM REP SAN SEWER LIN$1,389,710.00 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031WTR TWR PAINT$1,070,000.00 $1,087,500.00 $1,585,000.00 $1,612,850.00 $1,480,000.00 $1,495,000.00 $1,332,500.00 $1,394,250.00 $1,365,000.00 $1,475,000.00Option ASAN SEWER LIN$824,500.00 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031WTR TWR PAINT$470,000.00 $562,500.00 $1,585,000.00 $635,000.00 $800,000.00 $1,070,000.00 $782,500.00 $1,095,000.00 $545,000.00 $700,000.00 Avg Annual Capital Expenditure Appendix A:148
Appendix B: Community Rate Comparison with Base Fee OptionsCommunityBaseUsageBaseUsageHuntleyBase Fee $2.25/month$3.67/1000 gallonsBase Fee $2.25/month$4.85/1000 gallonsCaryBase Fee $2.98/month (shared WS) $4.88/1000 gallons$4.58/1000 gallonsWoodstock Base Fee $14.02/3 monthQuarterly Usage $3.24/100 cubic feet Base Fee $16.84/3 monthQuarterly Usage $3.75/100 cubic feetMcHenry (Existing) Base Fee $2.00/2 month$3.82/1000 gallon2017 Debt Service Fee $29.53/2 Month 2010 Debt Service Fee $6.00/2 Month Base Fee $4.00/2 Month$4.20/1000 gallonMcHenry (Option A)Base Fee $4.60/2 month$3.82/1000 gallon2018 Debt Service Fee $24.53/2 Month 2010 Debt Service Fee $6.00/2 Month Base Fee $6.90/2 Month$4.20/1000 gallonMcHenry (Option B)Base Fee $12.19/2 month$3.82/1000 gallon2019 Debt Service Fee $24.53/2 Month 2010 Debt Service Fee $6.00/2 Month Base Fee $7.31/2 Month$4.20/1000 gallonMundelein$5.54/750 gallon unit$3.70/750 gallon unitCrystal Lake Base Fee $7.57/month$5.16/1000 gallonsBase Fee $9.03$5.17/1000 gallonsAlgonquinBase Fee $5.00/month$5.81/1000 gallonsBase Fee $5.00/month$7.54/1000 gallonsWauconda$8.38/1000 gallon$8.76/1000 gallonLake Zurich$1.44/100 gallon$0.443/100 gallon* Assumed use is 6,000 gallons per month$111.24$119.48$147.84$225.96$180.20$132.42$137.77$157.16$138.27$146.27$205.68WaterSewerBi‐Monthly Bill149
City of McHenry SRF Loan Debt Service Revenue Tables
Current Rates
Per unit for Residential/Commercial 29.53$
Per billing cycle Congregate Care/Hospitals 2,413.34$
Revenue Available for Loan Payment as of 4/30/21 3,912,102$
Total Revenue to be collected through FY2037/38 38,119,730$
Total Revenue Available for Loan payments 42,031,832$
Total Estimated Remaining Loan Payments
Payoff complete in FY2037/38 34,893,014$
Excess Revenue Collected Through FY2037/38 7,138,817.68$
Proposed Adjusted Rates
Per unit for Residential/Commercial 24.53$
Per billing cycle Congregate Care/Hospitals 2,003.07$
Revenue Available for Loan Payment as of 4/30/21 3,912,102$
Total Revenue to be collected through FY2037/38 31,663,308$
Total Revenue Available for Loan payments 35,575,410$
Total Estimated Remaining Loan Payments
Payoff complete in FY2037/38 34,893,014$
Excess Revenue Collected Through FY2037/38 682,396.00$
Appendix C:
150
Water and Sewer Fund Base Fee Revenue Tables
Current Base Fees ‐ $6.00 per unit
Rate Code Average Units Base Fee Annual Revenue
APT 1166 6.00$ 41,976.00$
CCARE 12 6.00$ 432.00$
COM 949 6.00$ 34,164.00$
CONDO 1751 6.00$ 63,036.00$
IND 118 6.00$ 4,248.00$
RES 7688 6.00$ 276,768.00$
RO 2 9.00$ 108.00$
Total Base Fees 420,732.00$
**Adjusted Base Fee ‐ $11.50 (Option A)
Rate Code Average Units Base Fee Annual Revenue
APT 1166 11.50$ 80,454.00$
CCARE 12 416.00$ 29,952.00$
COM 949 11.50$ 65,481.00$
CONDO 1751 11.50$ 120,819.00$
IND 118 11.50$ 8,142.00$
RES 7688 11.50$ 530,472.00$
RO 2 17.25$ 207.00$
Total Base Fees 835,527.00$
**Adjusted Base Fee ‐ $19.50 (Option B)
Rate Code Average Units Base Fee Annual Revenue
APT 1166 19.50$ 136,422.00$
CCARE 12 424.00$ 30,528.00$
COM 949 19.50$ 111,033.00$
CONDO 1751 19.50$ 204,867.00$
IND 118 19.50$ 13,806.00$
RES 7688 19.50$ 899,496.00$
RO 2 29.25$ 351.00$
Total Base Fees 1,396,503.00$
**Congregate Care/Hospital Base Fee are adjusted because they are not
charged per unit fee
Appendix C:
151
STAFF REPORT
FOR SEPTEMBER 20, 2021
The purpose of this report is to provide the City Council and public with the most up‐to‐date
information regarding the latest projects and happenings within the municipal government of
the City of McHenry. This report is organized by operating department and will be updated and
transmitted as part of each City Council Agenda Packet. Council is welcome to contact any
Department Director for more information on any item included in this report, as well as topics
from previous reports or items not included in the report. This report does not include projects
or other information that is considered confidential in nature.
ADMINISTRATION/FINANCE/HUMAN RESOURCES
Contacts: Derik Morefield, City Administrator – 815/363‐2109; Carolyn Lynch, Director of Finance
–815/363‐2117; Ann Campanella, Director of Human Resources – 815/363‐2112
City Council Meetings
As a reminder, City Council Meetings for the remainder of the year are as follows – October 4th
and 18th, November 1st and 15th, December 6th and 20th.
ECONOMIC DEVELOPMENT
Contact: Doug Martin, Director of Economic Development – 815/363‐2110
ADULT USE CANNABIS LICENSES
Staff is currently contacting the lottery winners of adult use cannabis licenses to see if they would
like to locate in the City of McHenry. There are approximately 43 companies and 9 counties in
the area of which the City is a part.
CITY MARKETING CAMPAIGN
In a continued effort to increase interest in visiting, living and opening a business in McHenry,
the McHenry Outdoor Movie Theater has agreed to show our city marketing video at the
beginning of their events and movie nights and during intermission. In the spirit of collaboration
and community growth, Scott Dehn will not be charging us advertising or any other fees for this
campaign.
MTI CENTER FOR SCIENCE TECHNOLOGY AND INDUSTRY
The 2021 Manufacturing Trades and Industry (MTI) show, poster attached, will be held
Wednesday October 6 at McHenry Center for Science Technology and Industry.
152
POLICE
Contact: John Birk, Chief of Police – 815/363‐2200
Public Relations / Affairs
The police department has continued its partnership with MCHS District 156 by welcoming two
students for the Fall semester. As part of the school’s Social Science program, the student
Interns have expressed interest in the law enforcement field and will be spending part of their
school hours with us to gain an inside perspective of all aspects of the department.
Public Affairs Officer Michael Spohn and Officer Marc Fisher are coordinating the next Special
Olympic ‐ Illinois fundraising event, the Special Olympics Truck Convoy. This is a fundraising and
awareness event that creates a unique partnership between law enforcement and the trucking
industry. The purpose is to raise funds for Special Olympics so athletes can continue to train in
year‐round sports activities. It will take place on September 25th, 2021 starting in Hoffman
Estates, Illinois.
Personnel Update
The following personnel have recently completed the respective years of service with the
McHenry Police Department:
Detective Sergeant Nicholas Clesen – 18 years
Sergeant Michael Cruz – 18 Years
Detective Jamie Prather – 12 years
Officer Matthew Voelker – 11 years
Records Clerk Marybeth Varvil – 10 years
Officer Megan Carey – 3 years
Training
Chief Birk and Deputy Chief Walsh participated in the International Association of Chiefs of
Police (IACP) annual training conference. The conference was scheduled to be held in New
Orleans but was modified to an online format due to Hurricane Ida.
Officer Henri Krueger completed an Advanced Roadside Impaired Driving Enforcement course
hosted by the Mundelein Police Department.
Officer Daniel Lincicum and Officer Alberto Martinez completed an Emotional Survival in 21st
Century Policing course hosted by the Buffalo Grove Police Department.
All Telecommunicators and dispatch center supervisors attended a text to 911 training course
at the McHenry Police Department.
153
PUBLIC WORKS
Contact: Troy Strange, Director of Public Works – 815/363‐2126
Street Division
As storm damage pickup has now concluded and a large amount of debris has been generated
by the past month’s storm events, the Street Division began a new street sweeping cycle to clear
debris. Regular fall sweeping will be completed as usual. Street Division staff have currently
been completing sidewalk ADA ramps at all proposed 2022 Road Resurfacing Program
locations. This effort is anticipated to be ongoing throughout the remainder of the fall.
Utility Division
The fall hydrant flushing program began on Monday September 13 and is anticipated to be
completed by the end of September. Utility Division staff have also been completing structure
repairs and adjustments for 2022 Road Resurfacing Program locations in advance of Spring 2022
construction.
Televising work of sanitary sewers along Route 31 for condition inspections will be ongoing over
the next few weeks. This televising work is being completed to assist Patrick Engineering with its
design services for the Route 31 Utility Relocation Project.
Veteran’s Park Resurfacing
Construction for the resurfacing of all streets surrounding Veteran’s Park began on Monday
September 13. Removals are anticipated to be completed by the end of the month. All concrete
work which includes sidewalk replacement as well as concrete curb and gutter replacement will
be completed in advance of asphalt milling and resurfacing. Access to one side of the park will
be maintained at all times.
Knox Park Parking Rehabilitation
Final plans have been submitted for staff review and the project is projected to be released for
public bidding by the end of September.
154