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