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HomeMy WebLinkAboutResolutions - 22-11 - 05/16/2022 - Appionting Administrative Hearing Officer R- 22-11 A RESOLUTION CONSENTING TO THE APPOINTMENT OF A NEW ADMINISTRATIVE HEARING OFFICER FOR THE CITY OF MCHENRY WHEREAS, the City of McHenry ("City") is a home rule municipal corporation organized under the laws of the State of Illinois; WHEREAS, pursuant to the Illinois Constitution, Article 7, Section 6, home rule municipalities shall have the power to provide for its officers, their manner of selection and term of office for their office as approved by referendum or as authorized by law; WHEREAS, pursuant to the Illinois Municipal Code, 65 ILCS 5/1-2.1-2, the City has provided a system of administrative adjudication of municipal code violations (except for proceedings not within the statutory or home rule authority of the City and offenses under the Illinois Vehicle Code or similar offenses that are traffic regulations governing the movement of vehicles and reportable offense under Section 6-204 of the Illinois Vehicle Code); WHEREAS, the Illinois Municipal Code, 65 ILCS 5/1-2.1-4, and the City's Code, Section 1-413-5, require administrative adjudication proceedings to be presided over by administrative hearing officer/administrative law judge who has successfully completed a formal training program including 1) instruction on the rules of procedure of the administrative hearings which they will conduct; 2) orientation to each subject area of the code violations that they will adjudicate; 3) observation of administrative hearings; and 4) participation in hypothetical cases, including ruling on evidence and issuing final orders. In addition, every administrative hearing officer/administrative law judge must be an attorney licensed to practice law in the State of Illinois for at least 3 years; WHEREAS, the City Attorney has determined there is no specific formal training program required based on information provided by the Illinois Municipal League (IML) and multiple experienced local administrative hearing officers. Further, several administrative law judge courses are limited to those administrative hearing officers/administrative law judges currently practicing; WHEREAS, pursuant to the City's Code, the City Administrator, with advice and consent of the City Council, shall appoint an administrative law judge; and WHEREAS, the City Administrator recommends the appointment of Mollie Dahlin of M. Dahlin, P.C., 1320 North Seminary Avenue, Woodstock, Illinois 60098, an attorney licensed to practice law in the State of Illinois for at least 3 years, as administrative hearing officer/administrative law judge for the City of McHenry. NOW, THEREFORE, be it resolved by the Mayor and City Council of the City of McHenry, McHenry County, Illinois as follows: SECTION 1: Subject to the conditions referenced in Section 2, below, the City Council hereby consents to the City Administrator's appointment of Mollie Dahlin of M. Dahlin, P.C., y Woodstock, Illinois 60098 as the administrative hearing 1320 North Seminary Avenue, up on the retirement of the current officer/administrative law judge for the City of McHenry appointed hearing officer,Harry Semrow,in 2022. Attorney Dahlin shall 1) meet with a SECTION 2: Prior to any conducting any hearings, e for instruction on the currently practicing administrative hearing officer/administrative law judge meet with the Police rules of procedure of the administrative hearings whith she for will anduct to; each subject area of the Department and Community Development Department municipal administrative code violations that she will adjudicate; 3) observe at least two (2) p hearings; and 4) meet with a currently practicing administrative he ringevid of icnceand er/aa suing final strative law judge for discussion of hypothetical cases, including ruling orders. Adopted this 16th day of May , 2022. Ayes: Santi, Glab,McClatchey,Harding,Devine, Miller Voting Aye: Voting Nay: Absent: Strach Abstain: APPROVED: SEAL) Mayor Wayne Jett ATTEST: Clerk Trisha Ramel, City z:\M\McHenryCityof\Resolutions\Admin Hearing Officendoc 2