HomeMy WebLinkAboutResolutions - 20-13 - 08/17/2020 - Public Quesiton on Ballot - Appointing City Clerk RESOLUTION NO. 20- 1-3
A Resolution Authorizing a Binding Public Question on the November 3, 2020,
General Election Ballot on the Question of Appointing the City Clerk
for the City of McHenry, Illinois
WHEREAS, the City of McHenry, McHenry County, Illinois (the "City"), is a home rule
municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and
adoption of this Resolution constitutes an exercise of the City's home rule powers and functions as granted in
the Constitution of the State of Illinois;
WHEREAS,the position of City Clerk of the City of McHenry is currently an elected position;
WHEREAS, among the powers and functions of a home rule municipality, the position of clerk
can be changed from elected to appointed if approved by the voters,as authorized by Article VII, Section
6 of the Illinois Constitution of 1970 that provides in relevant part that"(f)...A home rule municipality shall
have the power to provide for its officers, their manner of selection and terms of office only as approved by
referendum or as otherwise authorized by law.... ";
WHEREAS, in Clarke v. Village of Arlington Heights, 57 III. 2d 50 (1974), the Illinois Supreme
Court upheld the ability of a home rule unit of government to convert from an elected City Clerk to an
appointed City Clerk where such action was undertaken with the approval of a city-wide referendum pursuant
to the Illinois Constitution provisions for home rule municipal units of government;
WHEREAS, pursuant to 10 ILCS 5/28-7, the City Council may, by resolution, initiate any
referendum that is required by the Illinois Constitution of 1970 with respect to the actions of the home rule
community;
WHEREAS, the City Council finds and determines that, pursuant to 10 ILCS 5/28-7, the City of
McHenry, Illinois has not initiated a referendum regarding the City Clerk position within the past twenty-
three (23)months;
WHEREAS, the City Council finds that all conditions prerequisite to the inclusion of such a
referendum question on the ballot have been satisfied by the actions authorized and directed in this resolution;
WHEREAS,the City Council finds that a referendum question regarding the appointment of the City
Clerk should appear on the November 3, 2020 ballot; and
WHEREAS, the City Council has concluded that because the Clerk's responsibilities are primarily
administrative, that it is in the best interests of the City for the sound administration of government in an
increasingly complex and regulated environment that the Clerk position should, in the future, be appointed
rather than elected.
NOW,THEREFORE,BE IT RESOLVED by the CITY COUNCIL,of the CITY OF MCHENRY,
McHenry County, Illinois, as follows:
City Clerk Referendum, Page 1
SECTION 1: That the following binding referendum shall be placed on the November 3, 2020,
general election ballot:
Shall the Clerk of the City of McHenry YES
be appointed by the Mayor, with the advice and
consent of the City Council, rather than be elected, NO
effective May 1, 2021?
SECTION 2: Pursuant to 10 ILCS 5/28-5,the City Clerk is hereby directed to certify this public
question to the election authorities of McHenry County in a timely manner, not less than 68 days before
the November 3, 2020 election (which date is Thursday, August 27, 2020)and to take such other actions
as shall be necessary to ensure this public question is submitted to the voters of the City of McHenry for
the November 3, 2020 election.
SECTION 3: In the event this referendum is approved by the voters of the City of McHenry,
the City Council shall take such action as is necessary to revise the City code to provide for the
appointment of the City Clerk by the Mayor, with the advice and consent of the City Council, and shall
include such other details as are necessary to establish the term of the appointed City Clerk which term
should not extend beyond the term of the appointing Mayor.
SECTION 4: If any section,paragraph,subdivision,clause,sentence or provision of this Resolution
shall be adjudged by any Court of competent jurisdiction to be invalid,such judgment shall not affect, impair,
invalidate or nullify the remainder thereof,which remainder shall remain and continue in full force and effect.
SECTION 5: This Resolution shall be in full force and effect upon its passage, approval and
publication in pamphlet form (which publication is hereby authorized).
Aye: -S t� Glgb, S��►ae r /{t41(nJ I4 Iev( Dev,4(, mil/e
Nay:
Absent:
Abstain:
Adopted this day of AvjoJ , 2020.
APPROVED:
Mayor Wa nCrJe
(SEAL) fp y y
ATTEST: U446K0/1104
City Clerk Trisha Ramel
Passed: 6//"2/2G-70
Approved: 8//9/a o7o
Published: 61/8/ac,o
City Clerk Referendum, Page 2
CERTIFICATION
I, Trisha Ramel, do hereby certify that I am the duly appointed,acting and qualified Clerk of the City
of McHenry, McHenry County, Illinois, and that as such Clerk, I am the keeper of the records and minutes
and proceedings of the Mayor and Aldermen of said City of McHenry.
I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of
McHenry, held on the 17th day of August, 2020, the foregoing Resolution entitled "A Resolution
Authorizing a Binding Public Question on the November 3, 2020, General Election Ballot on the
Question of Appointing the City Clerk for the City of McHenry, Illinois", was duly passed by the City
Council of the City of McHenry.
The pamphlet form of Resolution No. 20-13 ,including the Resolution and a cover sheet thereof,
was prepared, and a copy of such Resolution was posted in the City Hall, commencing on the 18'h day of
August 2020, and will continue for at least 10 days thereafter. Copies of such Resolution are also available
for public inspection upon request in the office of the City Clerk.
I do further certify that the original, of which the attached is a true and correct copy, is entrusted to
me as the Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same.
GIVEN under my hand and seal this 18th day of August 2020.
4.„,f-pai20,0
Trisha Ramel, City Clerk
City of McHenry,
McHenry County, Illinois
(SEAL)
City Clerk Referendum, Page 3