HomeMy WebLinkAboutOrdinances - MC-07-915 - 06/18/2007 - Repeal and update Ch 2 of MCOrdinance No. MC-07- 915
An Ordinance providing for updates to
Chapter 2 of the City of McHenry Municipal Code.
BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County,
Illinois as follows:
SECTION 1: That Chapter 2 Administration of the City of McHenry Municipal Code is
hereby repealed and replaced with the following:
ARTICLE L IN GENERAL
Sec. 2-1. Seal described.
The corporate seal of the City shall be as follows: A circular disc with the words "Incorporated May 15,
1923" inscribed in the inner circle and "City of McHenry, Illinois" inscribed in the outer circle thereof.
Sec. 2-2. Fiscal year.
The fiscal year of the City shall begin on the first day of May of each year and end on the thirtieth day of
April of the year following.
Sec. 2-3. Election procedure, time.
Elections for municipal offices shall be held as is provided by statute and at the times prescribed by
statute.
Sec. 2-4. Calling special elections.
Special elections shall be called when deemed necessary by the Council, as provided by statute:.
Sec.2-5. Wards.
The wards of the City shall be as described by ordinance, and nothing contained in this Code or the
ordinance adopting this Code shall be construed to repeal or otherwise affect any ordinance prescribing
ward boundaries.
Sec. 2-6. Board of Local Improvements.
There is hereby established a permanent Board of Local Improvements of the City, which Board shall
consist of the Mayor and the City Council.
Sec. 2-7. Term of elected officials.
The term of elected City officials shall begin at the first regular meeting held after the: receipt of
election results from the Local Election Authority. (MC-91-555; MC-07-912)
Sec. 2-8 Meeting attendance by audio or video conferencing. (MC-06-899)
In addition to holding meetings pursuant to the Open Meetings Act, 5 ILCS 120/1 et seq., meetings held
by any board or commission of the City shall be subject to the following rules:
A quorum of the board/commission shall be physically present at the location of an open or
closed meeting.
2. Provided a quorum is physically present, a member may be allowed to attend the meeting by
audio or video conferencing.
3. Any member who wished to be considered present at a meeting via audio or video conference
may make such a request to the board/commission by notifying the City Administrator prior to
the meeting, unless advance notice is impractical, that the member cannot physically attend the
meeting for one of the following reasons:
a. Personal illness or disability;
b. Employment purposes or City business; or
c. A family or other emergency.
4. An affirmative vote by a majority of the board/commission physically present may allow a
member to attend a meeting as provided herein.
The secretary shall record in the minutes of every meeting the members physically present,
absent, and present by audio or video conference.
Sees. 2-9- 2-17. Reserved
ARTICLE IL MAYOR
Sec. 2-18. Election, term.
The mayor shall be elected for a four-year term and shall serve until his successor is elected and
qualified as is provided by statute.
Sec.2-19. Bond.
Before entering upon the duties of his office, the Mayor shall execute a bond in such amount and with
such sureties as may be required by the Council, conditioned by faithful performance of the duties of his
office, provided the amount of such bond shall not be less than the amount specified by statute.
Sec.2-19.1. Salary.
The Mayor of the City of McHenry shall receive $15,000.00 as an annual salary. The Mayor of the City
of McHenry herein designated as the City's Liquor Control Commissioner (reference Section 4-2 of this
Code) shall receive compensation in that capacity as follows:
$1,500 per year annual flat fee; plus
$200 stipend per Liquor License Ordinance Violation Hearing held.
The aforesaid salary, fee and stipend shall be payable to said municipal officer who is elected in the
2005 and subsequent municipal elections. (MC-92-587; MC-96-662; MC-04-860)
Sec. 2-20. General administrative duties.
The Mayor shall be the chief executive of the City, shall preside over the meetings of the Council, and
shall perform such duties as may be required of him by statute or ordinance. He shall have supervision
over all of the executive officers and employees of the City, and shall have the power and authority to
inspect all books and records pertaining to City affairs and kept by any officer and employee of the City
at any reasonable time.
Sec. 2-21. Appointment of officers.
The Mayor shall appoint, by and with the advice and consent of the City Council, all officers of the City
whose election or appointment is not otherwise provided for herein. Any vacancies occurring in an
appointed office shall be filled in the same manner.
Sec. 2-22. Designation of officers' duties.
Whenever there is a dispute as to the respective duties or powers of any appointed officer of the City,
this dispute shall be settled by the Mayor after consultation with the City Attorney; and the Mayor shall
have the power to delegate to any appointed officer any duty which is to be performed when no specific
officer has been directed to perform that duty.
Sec. 2-23. Ceremonial duties.
The Mayor shall act for and on behalf of the City on formal occasions and receptions; but in his absence
or inability to attend any such function the Council may select any other City officer to so act.
Sec. 2-24. Mayor pro tem.
During a temporary absence or disability of the Mayor, the City Council shall elect one of its number to
act as Mayor pro tern, and during such absence or disability he shall possess the powers of Mayor, as is
provided by statute.
Sec. 2-25. Acting Mayor.
In the event of a vacancy in the office of Mayor the Council may appoint one of its members as acting
Mayor to serve until the vacancy is filled at a regular or special election as provided by law.
Secs. 2-26 Duty to turn over monies received.
Every officer or employee, other than the City Treasurer and City Clerk, shall at least one each day turn
over all monies received by him in his official capacity to the Finance Director with statements showing
the source from which the same was received.
Sec. 2-27-36. Reserved.
ARTICLE III. CITY COUNCIL
Sec. 2-37. Election, term, general powers and duties.
The members of the City Council shall be elected and serve for four-year terms. The Council shall be
the legislative division of the City government and shall perform such duties and have such powers as
may be authorized by statute.
Sec.2-37.1. Compensation.
Effective May 1, 2001, each Alderman elected in the April 2001 Consolidated Election or any
Consolidated Election thereafter, shall be compensated the sum of $75.00 for each regular meeting and
special meeting attended, as well as for attendance at any committee meeting to which they have been
formally appointed.(MC-00-761)
Sec. 2-38. Time, place for regular meetings.
The regular meetings of the Council shall be held at such date and hour as the Council may, from time to
time, determine. Generally, the meetings will occur in the Council Chambers on the first, third and fifth
Mondays during months when there are five Mondays, and on the first, second, and third Mondays
during months when there are not five Mondays. In addition, a regular annual meeting shall be held in
the Council Chambers on the last Monday in April of each year, or other date scheduled by Council, at
which any and all business may be conducted. If a regular meeting date falls on a legal holiday, the
meeting shall not take place but shall be rescheduled by Council. (MC-88-434; MC-06-901)
Sec. 2-39. Adjourned meetings.
Adjourned meetings may be held at such times as the Council may determine.
Sec. 2-40. Special meetings.
Special meetings of the Council may be called by the Mayor or three Aldermen provided that, a written
notice of such meeting shall be delivered to each member of the Council at least 24 hours before the
time set for the meeting or mailed to each member of the Council at least 72 hours before the time set
for the meeting. Provided, further, that in case all the members of the Council are present at any special
meeting then the requirement of notice shall be unnecessary and shall be deemed waived. Provided,
further, that if the call of any special meeting is announced at any regular or special meeting of the
Council, written notice thereof shall be given in the above manner only to such members of the Council
who are absent from the meeting at which such call was made.
Sec. 2-41. Meetings to be public.
All meetings of the Council shall be open to the public.
Sec. 2-42. Presiding officer.
The Mayor shall be the presiding officer of the Council at all regular or special meetings and at such
times as the Council meets as a Committee of the Whole.
Sec. 2-43. Standing committees.
The following shall be the standing committees of the City Council: Finance and Personnel; Community
Development; Public Works; Parks and Recreation. (MC-90-530.A)
Sec. 2-44. Special committees.
The Mayor shall appoint such special committees or commissions as he may deem necessary or as may
be directed by the Council.
Sec. 2-45. Membership on committees; chairman.
The Mayor shall appoint the members of all standing and special committees, in the absence of specific
direction by the Council, and shall designate the Chairman thereof.
Every committee of the Council shall consist of three members, including the Chairman, unless the City
Council shall provide otherwise.
Sec. 246. Records of proceedings.
The City Clerk shall keep the minutes and records of the Council proceedings.
Sec.2-47. Quorum.
A majority of the elected members of the Council shall constitute a quorum thereof, but no ordinance or
measure for the expenditure of money shall be passed except upon the favorable vote of the majority of
the elected members as provided by statute.
Sec. 2-48. Order of business.
The order of business for the Council shall be as prescribed from time to time by the Council.
Sec. 2-48.1. Council vote.
The vote of the City Council upon any question shall be taken and entered in the minute book. Every
Council member who shall be present when a question is stated from the chair shall vote thereon unless
precluded from doing so by a conflict of interest, in which case the member shall request the Clerk to
record him as "Not Voting." Except in the case where a member has been recorded as "Not Voting" for
reasons of conflict of interest, the failure of a member to vote either "Yea" or "Nay" shall be interpreted
to have the same legal effect as the vote cast by those members of the majority who did vote "Yea" or
"Nay" on the question involved.
Sec. 2-49. Rescinding action.
No vote or action of the City Council shall be rescinded at any special meeting unless there is present at
such special meeting as many members of the Council as were present at the meeting when such vote or
action was taken, as provided by statute.
Sec. 2-50. When resolutions to be written.
Any resolution submitted to the City Council shall be reduced to writing before being voted upon, at the
request of any three members of the Council.
Sec. 2-51. Addressing meetings.
No person other than the Mayor, a member of the City Council, or other municipal officer or employee,
shall address that body at any regular or special meeting of the Council except upon the consent of a
majority of the members present.
Sec. 2-52. Robert's Rules adopted.
Except when in conflict with the foregoing provisions, Robert's Rules of Order shall govern the
deliberations of the City Council.
Sec. 2-53. Suspension of rules.
The rules of order as herein set forth may be suspended at any time by the consent of a majority of
members present at any meeting, except where such suspension shall conflict with the rules of order
prescribed by statute.
Sec. 2-54. Disturbing meetings.
It shall be unlawful to disturb any meeting of the City Council or of any committee thereof, or to behave
in a disorderly manner at any such meeting.
Sec. 2-55 Code of Ethics (MC-04-849)
A. Declaration Of Policy:
1. 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 City life.
2. 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.
B. 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.
C. 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.
"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.
"Intea-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:
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.
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.
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 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 fiance or fiancee.
D. Prohibited Political Activities:
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 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.
E. Gift Ban:
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.
Exceptions: Section 2-55-E.1 is not applicable to the following:
Opportunities, benefits, and services that are available on the same conditions as for the general public.
Anything for which the Officer or Employee, or his or her spouse or immediate family member, pays the
fair market value.
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.
Educational materials and missions.
Travel expenses for a meeting to discuss business.
A gift from a Relative.
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
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.
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.
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.
Intra-Governmental and Inter -Governmental gifts.
Bequests, inheritances, and other transfers at death.
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.
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.
F. Ethics Advisor:
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.
G. Ethics Commission:
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 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:
To promulgate procedures and rules governing the performance of its duties and the
exercise of its powers.
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.
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.
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.
To prepare and publish such manuals and guides as the Commission deems appropriate to
facilitate compliance with the terms of this Section.
The powers and duties of the Commission are limited to matters clearly within the
purview of this Section.
6. 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 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 2-5,5-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 City Administrator 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 City Administrator 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 2-5543.1 above
for purposes relating to this matter only.
H. Penalties:
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.
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."
Sec. 2-56 Rules for Meeting Attendance. (MC-06-899)
In addition to holding meetings pursuant to the Open Meetings Act, 5 ILCS 120/1 et seq., City Council
meetings shall be subject to the following rules:
A quorum of the City Council shall be physically present at the location of an open or
closed meeting.
2. Provided a quorum is physically present, a member may be allowed to attend the meeting
by audio or video conferencing.
3. Any member who wished to be considered present at a meeting via audio or video
conference may make such a request to the City Council by notifying the Clerk prior to
the meeting, unless advance notice is impractical, that the member cannot physically
attend the meeting for one of the following reasons:
a. Personal illness or disability;
b. Employment purposes or City business; or
c. A family or other emergency.
4. An affirmative vote by a majority of the City Council physically present may allow a
member to attend a meeting as provided herein.
The Clerk shall record in the minutes of every meeting the members physically present,
absent, and present by audio or video conference.
ARTICLE IV. OFFICERS AND EMPLOYEES
DIVISION 1. Generally
Sec. 2-65. Applicability to future personnel.
Any officer whose office and duties shall be created subsequent to adoption, passage and promulgation
of this Code, shall be subject to the same rules, regulations, obligations, liabilities, and tenure as are
established in this article, unless a deviation from the provisions as are stated herein shall be authorized
by the Mayor and City Council.
Sec. 2-66. Term.
All officers appointed by the Mayor and City Council listed in this Chapter, and such other officers as
may from time to time be appointed by the Mayor, by and with the consent of the City Council, shall
serve for a term of one year, and such one year term shall coincide with the fiscal year of the City.
See.2-67. Removal.
Except where otherwise provided by statute, the Mayor may remove any officer appointed by him, on
any formal charge, whenever he is of the opinion that the interests of the City demand removal, but he
shall report the reasons for removal to the City Council at a meeting to be held not less than five nor
more than ten days after such removal. If the Mayor fails or refuses to report to the City Council the
reasons for the removal, or if the Council by a two-thirds (2/3) vote of all of its members authorized by
law to be elected, disapproves of the removal, the officer thereupon shall be restored to the office from
which he was removed. Upon restoration, the officer shall give a new bond and take a new oath of
office. No officer shall be removed a second time for the same offense.
Sec.2-68. Vacancies.
Any officer appointed hereunder may resign from his office provided that, he shall continue in office
until his successor has been chosen and is qualified. If there is a failure to appoint a City officer, or a
person appointed fails to qualify, the person filling the office shall continue in office until his successor
has been chosen and is qualified. If an officer ceases to perform the duties of, or to hold his office by
reason of death, permanent physical or mental disability, conviction of a disqualifying crime or
dismissal from or abandonment of office, the Mayor may appoint a temporary successor to the office.
Sec. 2-69. Oath required.
Every officer of the City shall, before entering upon his duties, make such oaths or affirmations as shall
be prescribed by the law of the State of Illinois, at the time of his taking such office.
Sec. 2-70. Bond required.
Every officer and employee shall, if required by the Council, upon entering upon the duties of his office,
give a bond in such amount as may be determined by the Council and with such sureties as it may
approve, conditioned upon the faithful performance of the duties of his office or position.
Sec. 2-71. Work tours and overtime provisions for law enforcement personnel
Pursuant to the authority of the Fair Labor Standards Act and regulations of the United States
Department of Labor, there is hereby established effective May 1, 1985 a 28 consecutive day work
period with regard to overtime compensation of law enforcement personnel of the City (not covered by
this term are dispatchers, community service officers, health inspectors, clerical employees, etc.);
overtime compensation will be only paid for those hours worked by such law enforcement personnel in
excess of 171 hours during any 28 day work period.
Sec. 2-72. Duty to turn over monies received.
Every officer or employee shall at least once each day turn over all monies received by him in his
official capacity to the Finance Director with statements showing the source from which the same was
received.
Sec. 2-73. Availability of records for inspection.
All records kept by any officer of the City in the course of his duty shall be open to inspection by the
Mayor or any member of the Council at all reasonable times, whether or not such records are required to
be kept by statute or ordinance.
Secs. 2-74 - 2-85. Reserved.
DIVISION 2. CITY CLERK
Sec. 2-86. Election, term.
The City Clerk shall be elected and serve for a four-year term and until her successor is appointed and
qualified as provided by statute.
Sec. 2-87. Bond.
Before entering upon the duties of her office the City Clerk shall execute a bond in such amount and
with such sureties as may be required by the City Council, conditioned upon the faithful performance of
her duties, provided that such bond shall be in an amount not less than $10,000.00.
Sec.2-87.1. Salary.
The City Clerk shall receive $400 per month as salary plus $75.00 per meeting attended. (MC-88-469;
MC-04-860). The aforesaid salary shall be payable to said municipal officer elected in the 2005 and
subsequent municipal elections.
See.2-88. Duties.
(a) The City Clerk shall be the keeper of the City seal and shall affix its impression on documents
whenever required, and shall sign and attest all contracts of the City, licenses, permits, and such
other documents as shall be required by this formality and for which no provisions are made in
this Code for the signature of approval of others in specific instances.
(b) The City Clerk shall perform such other duties as shall be required by the Council.
(c) The City Clerk shall be responsible for recording, filing, and safekeeping as required of all
proceedings of the Council.
(d) The City Clerk shall record in full, uniformly and permanently, all ordinances and shall
authenticate same.
(e) The City Clerk shall publish all adopted ordinances and resolutions as required by the statutes of
the State of Illinois, and all legal notices as shall be required by the statutes or ordinances.
(f) The City Clerk shall keep and maintain all election records and have custody of all property used
in connection with the elections, as required by law.
(g) The City Clerk shall prepare, attest and keep reports on the vital statistics of the City.
(h) The City Clerk shall notify the appointive authority and the City Council of the; pending
expiration of a term of office of a member of any Board or Commission or of any employee and
said notices are to be given at least 30 days before such expiration.
Sec.2-89. Reserved
Sec. 2-90. Duty to turn over money collected; accounts.
The City Clerk shall turn over all money received on behalf of the City, to the Finance Director
promptly upon receipt of same, and with such money she shall give a statement as to the source thereof.
Further, she shall keep complete accounts showing all monies received by her, the source and
disposition thereof, and such other accounts as may by statute or ordinance be required.
Sec. 2-91. To index records, allow access.
The City Clerk shall keep and maintain a proper index to all documents or records kept by her and shall
allow ready access to such documents or records during regular business hours, to any qualified person.
Sec. 2-92. Additional duties.
In addition to the duties herein provided, the City Clerk shall perform such other duties and functions as
may be required by statute or ordinance.
Sec. 2-93. Deputy Clerk.
The City Clerk be and she is hereby authorized to appoint one Deputy Clerk from among the existing
City Clerk's staff for such term as the City Clerk may, from time to time, determine, provided however,
that no compensation shall be paid to the person filling the position of Deputy Clerk in excess of the
compensation that is paid to such person for the staff position for which she was hired by the City Clerk.
The City Clerk shall notify, in writing, the Mayor and City Council of any and all such appointments to
the position of Deputy Clerk.
Secs. 2-94 - 2-98 Reserved.
DIVISION 3. CITY TREASURER.
Sec. 2-99. Election, term.
The City Treasurer shall be elected and serve for a four-year term and until his successor is qualified, as
provided by statute.
Sec. 2-100. Bond.
The City Treasurer shall give bond in such sum as may be required by the City Council, with sureties to
be approved by the City Council. This bond shall be conditioned upon the faithful performance of the
Treasurer of his duties of office and to indemnify the City of any loss due to neglect of duty or wrongful
act on the part of the Treasurer; provided that such bond shall be in an amount not less than $25,000.00.
Sec.2-100.1. Salary.
The City Treasurer shall receive $1,800.00 per year as salary. The aforesaid salary shall be paid to said
municipal officer elected in the 2005 and subsequent municipal elections. (MC-04-860)
Sec. 2-101. General duties.
The City Treasurer shall perform such duties as may be prescribed by statute or ordinance and shall
receive all money paid in to the City, either from the person paying it or from such other officer as may
receive it on behalf of the City in addition to such monies as may be turned over to him directly by
County, State or Federal agencies as by statute provided.
The City Treasurer shall pay out money only on vouchers or purchase orders properly signed by the
Finance Director -and the Mayor.
Sec. 2-102. Deposit of funds; intermingling.
The City Treasurer shall deposit the City funds in such depositories as may be selected from time to time
as provided by law, and shall keep City money separate and distinct from his own, shall not intermingle
City funds with his own money or make private or personal use thereof.
Sec. 2-103. Records, monthly reports.
The City Treasurer shall keep records showing all monies received by him, the source from which it was
received, and the purpose for which it was paid out, and shall keep a record showing at all times the
financial status of the City. He shall keep such books and accounts as may be required by the City
Council and in a manner as required by the City Council, and shall make monthly reports showing the
state of finance together with records substantiating same.
Sec. 2-104. Annual report.
The City Treasurer shall make an annual report to the Council prior to the first day of September, which
report shall show the total amount of all receipts and expenditures of the City and shall reflect all
transactions of the Treasurer during the preceding year.
Sec. 2-105. Register of payments.
The City Treasurer shall keep a register of all warrants, bonds, or orders filed with him or paid by him,
and all vouchers and purchase orders, as is required by statute.
Secs. 2-106 - 2-111. Reserved
DIVISION 4. CITY ATTORNEY
Sec. 2-112. Office created; appointment.
There is hereby created the office of City Attorney, an executive office of the City. The Attorney shall
be appointed by the Mayor, by and with the advice and consent of the City Council.
See.2-113. Reserved. (MC-93-603)
Sec. 2-114. Duty to give advice.
The Attorney shall be the legal advisor the City, and shall render advice on all legal questions affecting
the City, whenever requested to do so by any City official. Such opinion shall be reduced to writing
upon the request of the Mayor or the Council.
Sec. 2-115. Drafting of documents.
It shall be the duty of the Attorney to draft, supervise, or
document or instrument to which the City may be a party;
ordinances covering any subject within the power of the City.
Secs. 2-116 - 2-120. Reserved.
approve the phraseology of any contract,
upon request of the Council he shall draft
DIVISION 5. FINANCE DIRECTOR
(MC-04-860)
Sec. 2-121. Department established.
There is hereby established the Finance Department for the City, consisting of the Finance Director and
such other employees as may be provided for by the City Council.
Sec. 2-122. Finance Director.
There is hereby created the position of Finance Director, who shall be the head of the Finance
Department and who shall have the management, control and supervision over all employees assigned to
the Finance Department subject to the supervision of the City Administrator. The Finance Director shall
have full authority to develop policies and procedures for the Finance Department to ensure adequate
internal controls are in place and in compliance with applicable laws and City ordinances. The Finance
Director shall be an at -will employee, hired by the City Administrator and be under the direct
supervision of the City Administrator.
Secs. 2-123. Duties and functions, generally.
The Finance Director shall perform all such duties as enumerated in the McHenry Municipal Code and
other City ordinances, and such other duties as may be assigned or required by the City Council and the
City Administrator from time to time. In addition, the Finance Director shall:
(1) Be charged with preparing and safety keeping all financial records of the City.
(2) Subject to the supervision of the Administrator, shall be the purchasing agent of the City and
shall make or cause to be made all purchases of materials, supplies, or equipment for the City in
the manner provided by law, ordinance, and rules and regulations of the City. The Finance
Director shall develop appropriate purchasing procedures for the proper functioning of the
purchasing system.
(3) Assist the Treasurer in the receipt, collection, accounting, disbursement and financial reporting
of City revenues and all funds required to be in the custody of the City treasury, and shall
exercise general supervision over all officers and employees of the City charged in any manner
with the receipt, collection, accounting, disbursement and financial reporting of City revenues
and all funds required to be in the custody of the City treasury.
(4) Keep accounts showing at all times the fiscal condition of the City, including the current and
anticipated revenues and expenses of all municipal funds and accounts.
(5) Prepare and keep for the Treasurer all records required by law to be kept by the Treasurer and
shall prepare for signature and publication the Annual Treasurer's Report and any other report
required by law.
(6) Prepare each month warrants of the Treasurer for the payment of all sums due from the City,
listing each invoice and the account number out of which it is payable; which warrant when
properly approved by the City Council, shall authorize the issuance of a voucher or check as
provided by law or ordinance for the payment of each item. Approval of such list of invoices to
be paid by the City Council on a roll call vote shall constitute the City Council's approval of the
payment of all expenses listed thereon; provided that the City Council may, in a motion to
approve payment, except specific invoices from such approval, in which case such invoices shall
not be paid.
(7) Receive and collect all license fees, permit fees, charges for municipal utility service, or special
services rendered by the City, sums due the City on any contracts, and all other sums due the
City other than those which are by law paid directly to the Treasurer and to provide the
appropriate receipts and accounting therefore.
(8) Keep the City Council and the Administrator informed as to all sums due on taxes and all other
revenues to which the City is entitled.
(9) In cooperation with other City department heads, prepare preliminary budget drafts for each
fiscal year and submit them to the Administrator and the City Council for review and further
action.
(10) Prepare the annual budget, appropriation ordinance and tax levy ordinance for the City.
(11) Supervise the annual audit of all City funds and fully cooperate with the City auditors so
designated as prescribed by law and City ordinances.
(12) Collect all special assessments due and payable to the City and keep proper and appropriate
books and records wherein the records of such special assessments may be transcribed for
preservation and reference.
(13) Make such other and further reports concerning the office and business transactions as may be
required by the City Council from time to time.
Sec. 2-124. Attendance at Council meetings; reports.
The Finance Director shall attend all regular meetings of, and shall report to the City Council at each
meeting, in relation to his work as Director of Finance.
Sec. 2-125. Bond.
Before entering the duties of the office, the Finance Director shall execute a bond in such amount and
with such sureties as may be required by law and by ordinance, conditioned upon the faithful
performance of the duties of the office, and to indemnify the City against any loss due to any neglect of
duty or wrongful act on the part of the Finance Director. The bond premium shall be paid by the City.
Sec. 2-126-128. Reserved.
DIVISION 6. DIRECTOR OF PUBLIC WORKS
Sec. 2-129. Office created; appointment.
There is hereby created the office of Director of Public Works, an executive office of the City, who shall
be appointed by the Mayor, by and with the consent of the City Council.
Sec. 2-130. Supervision of sewer, water systems.
(a) The Director of Public Works shall be the operating head of the sewer system and water works
and water distribution system of the City, and shall be responsible for the efficient management
thereof. He shall have the care and custody of the sewer plants and all mechanical lifts and
sewage removal pipes and tiles connected therewith and shall be responsible for the care and
maintenance of all the component units of the sewage system.
(b) The Director of Public Works shall be the head of the water department and shall have in his
care, custody and control, the water towers, pumping stations, hydrants, and all other and
component units of the water pumping and distribution system of the City and shall be
responsible for the care and maintenance of all such components of the system.
Sec. 2-131. Authority over streets, sidewalks, storm sewers, public property.
The Director of Public Works shall be charged with the duty of superintending the care of the streets
generally, to assist the engineer in laying out, widening and repair of streets, and to keep all streets and
alleys clean and free from obstructions, he shall be charged with the duty of supervising the maintenance
and repair of all storm sewer installations and to assist in the laying out of new storm sewer installations;
it shall be his duty to maintain and repair all sidewalks in the City and to inspect same regularly as to
condition; he shall supervise installation of new sidewalks and shall be responsible for securing
engineering data relative to all such new installations; he shall be charged with the duty of maintaining
all public property of the City and of making such repairs to said property as shall be directed from time
to time by the Mayor and the City Council; he shall be the administrative official who is charged with
the enforcement of the Subdivision Control and Development Ordinance.
Sec. 2-132. Attendance at Council meetings; reports.
The Director of Public Works shall attend all regular meetings of, and shall report to the City Council at
each meeting, in relation to his work as Director of Public Works.
DIVISION 7. CITY ADMINISTRATOR
Sec. 2-133. Office created; appointment. (MC-90-534)
There is hereby created the Office of City Administrator, an executive office of the City, who shall be
appointed by the Mayor, by and with the advice and consent of the City Council.
Sec. 2-134. Powers, duties, and responsibilities.
The City Administrator is the chief administrative official of the municipal government and accountable
for the overall planning, organizing, assembling resources, supervising and control activities necessary
to implement the policies and programs established by the City Council. The City Administrator shall
supervise the department heads on a daily basis and coordinate the activities of City departments,
advisory boards, and other public and private agencies. The City Administrator is accountable directly
to the Mayor and City Council for implementing the policies, programs and budgets as enacted by the
City Council.
Subject to the foregoing, the City Administrator has the following duties and responsibilities:
(1) Attend all City Council and Council Committee meetings.
(2) Develop policies and procedures necessary for the operation of the City and present them to the
Mayor and City Council for approval. Provide the City Council with adequate information to
help it reach sound decisions and establish policies.
(3) Review all City services, assess the City's needs and provide on a regularly scheduled basis, a
report of the current needs and recommendations to the Mayor and City Council.
(4) Management of the department heads in their daily assignments and duties. Recommend to the
Mayor and City Council the creating, combining or consolidation of offices, positions, and
departments, as needed.
(5) Preparation of the annual budget in conjunction with the Finance Committee and submit to City
Council for approval, and responsibility for compliance with all statutes and ordinances
pertaining to finances, appropriations, and levies.
(6) Establish and coordinate a system of purchasing within the approved budgets, policies and
procedures established by the City Council.
(7) Evaluate all department heads and conduct performance reviews with the Mayor, and
responsibility for all personnel matters and employee benefits, including recommendations for
hiring, promotions, demotions, discipline, and suspensions of all employees pursuant to the
personnel policy.
(8) Participate with City Council in the development and establishment of short and long range goals
and objectives.
(9) Report regularly to the City Council about progress toward organizational objectives, financial
status of the organization, and other issues of concern to the City Council.
(10) Such other and further duties and assignments as may be specified from time to time by the
Mayor and City council.
ARTICLE V. EMERGENCY SERVICES AND DISASTER AGENCY
Sec.2-143. Definition.
As used in this Article, the term "City ESDA" or "ESDA" shall mean the City of McHenry Emergency
Services and Disaster Agency created by this Article, unless clearly indicated to the contrary.
Sec. 2-144. Created; purpose; composition.
(a) There is hereby created the City of McHenry Emergency Services and Disaster Agency to
prevent, minimize, repair and alleviate injury or damage resulting from disaster caused by enemy
attack, sabotage or other hostile action, or from natural or man-made disaster, in accordance with
the Illinois Emergency Services and Disaster Act of 1975.
(b) The ESDA shall consist of the coordinator and such additional members as may be selected by
the coordinator.
Sec. 2-145. Appointment, term and general responsibility of coordinator; acting coordinator.
(a) The coordinator of the ESDA shall be appointed by the Mayor and shall serve until removed by
same.
(b) The coordinator shall have direct responsibility for the organization, administration, training and
operation of the ESDA, subject to the direction and control of the Mayor as provided by statute.
(c) In the event of the absence, resignation, death or inability to serve of the coordinator, the Mayor
or any person designated by him shall be and act as coordinator until a new appointment is made
as provided in this Section.
Sec. 2-146. General functions and duties.
The City ESDA shall perform such ESDA functions within the City as shall be prescribed in and by the
State ESDA plan and program prepared by the Governor, and such orders, rules and regulations as may
be promulgated by the Governor, and in addition, shall perform such duties outside the corporate limits
as may be required pursuant to any mutual aid agreement with any other political subdivision,
municipality or quasi -municipality entered into as provided by the State ESDA Act of 1975.
Sec. 2-147. Oath of members.
Every person appointed to serve in any capacity in the ESDA organization shall, before entering upon
his duties, prescribe to the following oath, which shall be filed with the coordinator:
"I, , do solemnly swear (or affirm) that I will support and defend and bear true
faith and allegiance to the Constitution of the United States and the Constitution of the State of
Illinois, and the territory, institutions, and facilities thereof, both public and private, against all
enemies, foreign and domestic; that I take this obligation freely, without any mental reservation
or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am
about to enter. And I do further swear (or affirm) that I do not advocate, nor am I nor have I
been a member of any political party or organization that advocates the overthrow of the
government of the United States or of this State by force or violence; and that during such time
as I am affiliated with the City of McHenry ESDA organization, I will not advocate nor become
a member of any political party or organization that advocates the overthrow of the government
of the United States or of this State by force or violence."
Sec. 2-148. Office space.
The Mayor is authorized to designate space in a City building, or elsewhere, as may be provided for by
the Mayor for the City ESDA as its office.
Sec. 2-149. Service as mobile support team.
(a) All or any members of the City ESDA organization may be designated as members of a mobile
support team created by the director of the State ESDA as provided by law.
(b) The leader of such mobile support team shall be designated by the coordinator of the City ESDA
organization.
(c) Any member of a mobile support team, who is a City employee or officer while serving on call
to duty by the Governor or the State Director of ESDA, shall receive the compensation and have
the powers, duties, rights and immunities incident to such employment or office. Any such
member who is not a paid officer or employee of the City, while so serving, shall receive from
the State reasonable compensation as provided by law.
Sec. 2-150. Agreements with other political subdivisions.
The coordinator of the ESDA may negotiate mutual aid agreements with other cities or political
subdivisions of the State, but no such agreement shall be effective until it has been approved by the
Mayor and by the State Director of ESDA.
Sec. 2-151. Cooperation with State in exercise of emergency powers.
If the Governor proclaims that a disaster emergency exists in the event of actual enemy attack upon the
United States, or the occurrence within the State of Illinois of a major disaster resulting from enemy
sabotage or other hostile action, or from man-made or natural disaster, it shall be the duty of the City
ESDA to cooperate fully with the State ESDA and with the Governor- in the exercise of emergency
powers as provided by law.
Sec. 2-152. Compensation of members during training time.
Members of the ESDA who are paid employees or officers of the City, if called for training by the State
Director of ESDA, shall receive, for the time spent in such training, the same rate of pay as is attached to
the position held. Members who are not such City employees or officers shall receive for such training
time, such compensation as may be established by the Mayor.
Sec. 2-153. Purchases and expenditures.
(a) The Mayor, on recommendation of the coordinator of the ESDA, may authorize any purchase or
contracts necessary to place the City in a position to combat effectively any disaster resulting
from the explosion of any nuclear or other bomb or missile, and to protect the public health and
safety, protect property and provide emergency assistance to victims in the case of such disaster,
or from man-made or natural disaster.
(b) In the event of enemy caused or other disaster, the coordinator of ESDA is authorized, on behalf
of the City, to procure such services, supplies, equipment or material as may be necessary for
such purposes, in view of the exigency, without regard to the statutory procedures or formalities
normally prescribed by law pertaining to City contracts or obligations, as authorized by the State
ESDA Act of 1975, provided that, if the City Council meets at such time, he shall act subject to
the directions and restrictions imposed by that body.
Sec. 2-154. Reimbursements by State.
The State Treasurer may receive and allocate to the appropriate fund any reimbursement by the State to
the City for expenses incident to training members of the ESDA as prescribed by the State Director of
ESDA, compensation for services and expenses of members of a mobile support team while serving
outside the City in response to a call by the Governor or State Director of ESDA, as provided by law,
and any other reimbursement made by the State incident to ESDA activities as provided by law.
Sec. 2-155. Appropriations and tax levy for ESDA purposes.
The City may make appropriations for ESDA purposes in the manner provided by law and may levy, in
addition for ESDA purposes only, a tax not to exceed five cents ($0.05) per one hundred dollars
($100.00) of the assessed value of all taxable property in addition to all other taxes, as provided by the
State ESDA Act of 1975; however, that amount collectable under such levy shall in no event exceed
twenty-five cents ($0.25) per capita.
Sec. 2-156. Declaration of local emergency.
(a) A local disaster emergency may be declared only by the Mayor. It shall not be continued or
renewed for a period in excess of seven days, except by or with the consent of the City Council.
Any order or proclamation shall be given prompt and general publicity and shall be filed
promptly with the City Clerk.
(b) The effect of a declaration of a local disaster emergency is to activate the response and recovery
aspects of any and all applicable local or interjurisdictional disaster emergency plans and to
authorize the furnishing of aid and assistance thereunder.
Secs. 2-157 - 2-165. Reserved
ARTICLE VL REIMBURSEMENTS TO CITY FOR EXPENSES
INCURRED IN ANNEXATION PROCEEDINGS
Sec. 2-166. Property owner to reimburse City for expenses incurred in connection with proposed
annexation of land.
Property owners shall pay and reimburse the City for any and all Council and administrative expenses
and costs and for any and all fees, salaries or compensations incurred and charged to the City by the
retained personnel of the City in connection with the proposed annexation of any land to the City as
hereafter set forth.
Sec. 2-167. "Retained personnel' defined.
"Retained personnel" shall be defined as any engineer, attorney, planner., economist, or other technical,
professional or other expert paid or retained by the City to assist or advise the City, directly or indirectly,
in connection with any aspect of a proposed annexation of territory to the City.
Sec. 2-168. Deposit to be made by property owner.
The property owner shall deposit with the City a sum to be calculated, as hereinafter set forth, on the
basis of the amount of territory to be annexed to be used toward defraying the aforesaid expenses, costs,
fees, salaries and compensations:
(1) For single family residential territory up to one (1) acre:
(a) Where the owner of record is a land trust - $400.00.
(b) Where the owner of record is not a land trust - $200.00.
(2) For territory up to five (5) acres - $1,000.00.
(3) For territory of five (5) acres or more - $1,000.00 plus $100.00 per acre for each acre in
excess of five acres.
This deposit shall be paid to the City at the time that a petition for annexation is filed or a proposed
annexation agreement is presented by the property owner, or at any time prior thereto that either the
Mayor, the City Council or Finance Director may request.
Sec. 2-169. "Acre" defined.
An "acre" for the purposes of Section 2-168 shall be defined as that measurement of land that is the
dimensions of an acre not withstanding any roads, buildings or other physical structures or obstacles
located on, within or adjacent to said measurement.
Sec. 2-170. Annexation proceedings to be stayed until deposit made.
All proceedings in connection with such annexation shall be stayed until said sum so designated is
deposited with the City Clerk as aforesaid.
Sec. 2-171. Statements, bills submitted by retained personnel to segregate and identify charges
and fees; copy of statement or bills to be forwarded to property owner.
Any statement or bill submitted to the City by the retained personnel shall segregate and identify the
charges and fees incurred directly or indirectly connected with said annexation; a copy of said statement
or bill shall be forwarded to said property owner at the time an amount to equal said charges and fees are
withdrawn from said specified account.
Sec. 2-172. Subsequent demands for additional deposits.
At any time the balance in the property owner's account reaches one-fourth (1/4) of the original amount
deposited, the Mayor or the City Council may demand from the property owner a sum of money that, in
addition to the balance in said specified account, shall equal the amount originally deposited hereunder
or such lesser fraction thereof that the City Council might, in such case determine.
All proceedings with regard to such annexation shall be stayed until said subsequent demands for
additional deposits shall be paid by the property owner.
The Mayor or the City Council shall give notice of said demand for payment to said property owner and
a duplicate copy of said notice shall be furnished to the Planning and Zoning Commission.
Any demand or subsequent demand of the City Council, not deposited by the property owner within six
(6) months of the date of said demand, shall, at the discretion of the City Council and upon written
notice to the property owner, terminate the proposed annexation proceedings.
Sec. 2-173. Funds to be deposited in special account.
All funds required to be deposited by the property owner shall be deposited by the City into a special
account and shall be held in the name of the City for the uses and purposes set forth in this Article.
Sec. 2-174. Continuance for deposits.
The City Council may, for good cause shown by the property owner in writing to said Council, grant
continuances in writing to said property owner for said deposits.
Sec. 2-175. Waiver of Article requirements.
The City Council may, in its discretion and upon written resolution, waive the requirements of this
Article.
Sec. 2-176. Return of unused deposits to property owners.
Upon the presentment of the final statement of the retained personnel and within sixty days of the
disposition of the annexation proceedings, including the approval and recording of any final plat, any
balance of the deposit remaining in the account, excluding interest, shall be returned and repaid to the
property owner. Any interest that may be earned in connection with said deposit shall be retained by the
City.
Secs. 2-177 - 2-185. Reserved.
ARTICLE VII. McHENRY HISTORIC LANDMARK COMMISSION
Sec. 2-186. Historic Preservation Ordinance in effect.(MC-98-709)
There is hereby created a McHenry Historic Preservation Ordinance which shall continue to be that
ordinance adopted on the third day of June, 1998, as amended or revised by subsequent ordinances;
nothing contained in this code, or in the ordinance adopting this code, shall be construed to amend, alter,
or otherwise affect the provisions of the said Historic Preservation Ordinance.
Sec. 2-187. Reserved.
ARTICLE VIIL PLANNING AND ZONING COMMISSION (MC-02-793)
2-200 Organization
2-201 Plan Commission, Zoning Board of Appeals References
2-202 Duties of the Commission
2-203 Special Zoning Commission
2-204 Meetings
Sec. 2-200. Organization
a) Creation. There is hereby created a Planning and Zoning Commission for the City to carry out
the duties of a plan commission and zoning board of appeals. When used in this Article
"Commission" shall be construed to mean the Planning and Zoning Commission and
"Commissioners" shall be construed to mean the members of the Commission.
b) Membership. The Commission shall consist of seven Commissioners to be appointed by the
Mayor with the advice and consent of the City Council. A Chairman shall be appointed annually
by the Mayor with the advice and consent of the City Council. Annually, the Commissioners
shall elect one of its own to serve as vice-chairman.
c) Terms of Office. The first appointees shall serve for the following terms, or until their respective
successors, in similar manner, have been appointed and qualified: one for one year, one for two
years, one for three years, one for four years, one for five years, one for six years, and one for
seven years. Successors to each member so appointed shall serve five-year terms except that
vacancies shall be filed for the unexpired term of the membership vacated. The term of each
Commissioner shall expire April 30t' of the year of the expiration of its respective term of office.
Thereafter, the appointments shall be made at the annual meeting of the City Council.
d) Chairman. The Mayor shall appoint one member to serve as Chairman and another member to
serve as Vice -Chairman, who shall serve as Acting Chairman in the Chairman's absence.
e) Vacancy. Any vacancy on the Commission shall be filled in the same manner as the original
appointment.
f) Compensation. Commissioners shall receive compensation quarterly for each meeting attended
at the rate of $50 per meeting for the Chairman and $40 for all other Commissioners or at such
other rates as the City Council may hereafter establish.
Sec. 2-201. Plan Commission, Zoning Board of Appeals References.
Any ordinance, code, regulation, etc., of the City or state statute that references the Plan Commission
and/or Zoning Board of Appeals shall mean the Planning and Zoning Commission.
Sec. 2-202. Duties of the Commission.
The duties of the Commission are as follows:
(1) To prepare and recommend to the City Council a comprehensive plan for the present and future
development or redevelopment of the City. After its adoption by the City Council, this plan shall
be known as the City of McHenry Comprehensive Plan ("Comprehensive Plan"). Thereafter,
from time to time, the Commission may recommend changes in the Comprehensive Plan. This
Comprehensive Plan may include reasonable requirements with reference to the streets, alleys,
public grounds, and other improvements in unsubdivided land situated within the corporate
limits or in contiguous territory not more than 1 '/Z miles beyond the corporate limits and not
included in any municipality. These requirements shall be effective whenever this unsubdivided
land is subdivided after the adoption of the Comprehensive Plan. Following the adoption of the
Comprehensive Plan, no map or plat of any subdivision presented for record affecting land
within the corporate limits of the City or in contiguous territory outside of and not more than 1 '/2
miles from those limits and not included in any other municipality, shall be entitled to record or
shall be valid unless the subdivision thereon shall provide for streets, alleys, public grounds, and
other public improvements in conformity with the Comprehensive Plan.
(2) From time to time, prepare and recommend changes in the Comprehensive Plan, or plans for
specific improvements in the pursuance of the Comprehensive Plan to the City Council.
(3) To provide assistance to the City officials charged with the direction of projects for
improvements embraced within the Comprehensive Plan and to further the making of these
projects, and generally promote the Comprehensive Plan.
(4) To exercise such other powers, germane to the powers granted by this Code as may be conferred
by the City and are granted a City under the Illinois Municipal Code (65I1LCS), including, but not
limited to Sections 5/11-12-4 to 5/11-12-12.
(5) To hear appeals from any order, requirement, decision or determination of the Director of
Community Development relating to the Zoning Ordinance by any person, firm or corporation
aggrieved thereby, or by any officer, department, Council or Commission of the City.
The appeal shall be taken within 45 days of the action complained of by filing a Notice of
Appeal, in duplicate, specifying the grounds thereof, in the Office of the City Clerk, who shall
transmit forthwith one copy to the Director of Community Development and one copy to the
Chairman of the Commission. The Director of Community Development shall forthwith transmit
to the Chairman of the Commission all the papers constituting the record upon which the action
appealed from was taken.
An appeal stays all proceedings in furtherance of the action appealed from unless the Director of
Community Development certifies to the Commission that, by reason of facts stated in the
certification, a stay would cause imminent peril to life or property. In such case, the proceedings
shall not be stayed except by a restraining order issued by the Commission or a Court of record
after notice to the Director of Community Development and on due cause shown.
The Commission shall select a reasonable time and place for the hearing of the appeal, give a
minimum of 10 days notice thereof to all interested parties, and shall render a written decision on
the appeal without unreasonable delay.
Any person may appear at the hearing and present testimony in person or by a duly authorized
agent or attorney. The Commission may reverse or affirm, wholly or partly, or may modify the
order, requirement, decision or determination of the Director of Community Development.
(6) To recommend to the City Council, after holding a Public Hearing, on application for variations
from the strict enforcement of any provisions of the Zoning Ordinance, in accordance with the
rules and standards set forth therein.
(7) To recommend to the City Council, after holding a Public Hearing, on applications for
conditional uses listed in each of the several zoning districts.
(8) To recommend to the City Council, after holding a Public Hearing, on applications for integrated
design developments referred to it by the City Council and to hear and decide other matters
referred to it or upon which it is required to pass under the provisions of the Zoning Ordinance.
(9) To recommend to the City Council, after holding a Public Hearing, on petitions for amendment
of the provisions of the City of McHenry Zoning Ordinance and the boundary lines of zoning
districts established therein.
(10) To transmit to the City Council, with every recommendation, findings of fact and to refer to any
exhibits containing plans and specifications relating to its recommendation, which plans and
specifications shall remain a part of the permanent records of the Commission. The findings of
facts shall specify the reason or reasons for its recommendation. The terms of the relief
recommended shall be specifically set forth in a conclusion or statement separate from the
findings of fact of the Commission.
(11) To keep written minutes of its proceedings, which shall be a public record.
(12) To file immediately in the Office of the City Clerk every rule, order, requirement, decision or
determination of the Commission after any meeting or hearing, which shall be a public record.
(13) Nothing contained herein shall be construed to authorize the Commission to change any of the
provisions of the City of McHenry Zoning Ordinance or district boundary lines established
hereby. The concurring vote of four members shall be necessary to reverse any order,
requirement, decision or determination of the Director of Community Development, or to decide
in favor of the applicant any matter upon which the Commission is authorized to act.
(14) File an annual report with the Mayor and City Council setting forth its transactions and
recommendations.
(15) Adopt bylaws and any other procedural rules consistent with this and other City ordinances and
state statutes.
(16) Cooperate with county and regional planning commissions and other groups to promote
coordinated planning.
(17) Recommend to the City Council the employment of such professional planning, legal,
engineering or administrative assistance as is necessary to fulfill its responsibilities.
(18) Carry out any other function concerning land subdivision or other matters that may be conferred
upon it by the Subdivision Control and Development Ordinance, City of McHenry Zoning
Ordinance, this Code, or any other City ordinance, and the Illinois Municipal Code, and
discharge any other duties referred or assigned to it by the City Council.
Sec. 2-20. Special Zoning Commission.
The Commission shall serve as a special zoning commission whenever a text amendment is proposed to
the City of McHenry Zoning Ordinance.
Sec.2-204. Meetings.
All meetings of the Commission shall be held at the call of the Chairman and at such other times as the
Commission and/or City Council may determine. The presence of four members shall be necessary for a
quorum. All meetings shall be open to the public. The Chairman, or Vice Chairman, may administer
oaths and compel the attendance of witnesses. The Commission shall keep minutes of its proceedings,
keep record of its examinations and other official actions, prepare findings of fact and record the
individual votes upon every question. Expenses incurred by the Commission in the performance of
official duties are to be itemized and shall be borne by the City.
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 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.
Passed and Approved this 18TH day of JUNE , 2007.
Voting Aye: SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, PETERSON, CONDON
Voting Nay: NONE
Not Voting: NONE
Absent: NONE
Abstain: NONE
APPROVED:
✓®
Mayor
(SEAL)
ATTEST:
Cit Clerk