Title 1 Blackline 2.15.12

8/3/2019 Title 1 Blackline 2.15.12

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Title 1ADMINISTRATIVE

CHAPTER 1

OFFICIAL VILLAGE CODE

1-1-1 TITLE

Upon adoption by the Boardboard of Trusteestrustees, this Village Codevillage code ishereby declared to be and shall hereafter constitute the official Village Codevillage codeof Island Lake. This Village Codevillage code of ordinances shall be known and cited asthe ISLAND LAKE VILLAGE CODE, and it is hereby published by authority of theBoardboard of Trusteestrustees and shall be kept up to date as provided in Sectionsection 1-1-3 of this Chapter chapter under the direction of the Villagevillage clerk andvillage Attorney, acting for said Village Board of Trustees.the village board. Anyreference to the number of any section contained herein shall be understood to refer tothe position of the same number, its appropriate chapter and title heading, and to thegeneral penalty clause relating thereto, as well as to the section itself, when reference ismade to this Village Codevillage code by title in any legal document.

1-1-2 ACCEPTANCE

This Village Codevillage code, as hereby presented in printed form, shall hereafter bereceived without further proof in all courts and in all administrative tribunals of this Stateas the ordinances of the Villagevillage of general and permanent effect, except theexcluded ordinances enumerated in Sectionsection1-2-1 of this Codecode.

1-1-3 AMENDMENTS

Any ordinance amending this Village Codevillage code shall set forthreference the title,chapter and section number of the section or sectionsprovision to be amended, and thisshall constitute a sufficient compliance with any statutory requirement pertaining to theamendment or revision by ordinance of any part of this Village Code.village code. Allsuch amendments or revisions by ordinance shall be immediately for warded to thecodifiers and the said ordinance material shall be prepared for insertion in its properplace in each copy of this Village Code. Each such replacement page shall be properlyidentified and shall be inserted in each individual copy of this Village Code.village code.

1-1-4 CODE ALTERATIONSSUPPLEMENTS

It shall be deemed unlawful for any person to alter, change, replace or deface in any way

any section or any page of this Village Code in such a manner that the meaning of anyphrase or order may be changed or omitted. Replacement pages may be insertedaccording to the official instructions when so authorized by the Village Board. The Clerkshall see that the replacement pages are properly inserted in the official copiesmaintained in the office of the Clerk.Any person having in his custody an official copy of this Village Codevillage code shallmake every effort to maintain this Codecode in an up to date and efficient manner. Heshall see to the immediate, including insertion of new or replacement pages when such


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are delivered to him or made available to him through the office of the Village Clerk. SaidCodereceived. The code books, when in actual possession of officials and otherinterested persons, shall be and re main are the property of the Villagevillage and shallbe returned to the office of the Clerk when directed so to do by order of the VillageBoard. clerk upon expiration of the persons term of office or termination of employment,as the case may be.

CHAPTER 2

SAVING CLAUSE

1-2-1 REPEAL OF GENERAL ORDINANCES

All general ordinances of the Villagevillage passed prior to the adoption of this VillageCodevillage code are hereby repealed, except such as are those included in this VillageCodevillage code or arethose by necessary implication herein that are reserved fromrepeal (subject to the saving clauses contained in the following sections), and excludingthe following ordinances which are not hereby repealed: tax levy ordinances;appropriation ordinances; ordinances relating to boundaries and annexations; franchiseordinances and other ordinances granting special rights to per sons or corporations;contract ordinances and ordinances authorizing the execution of a contract or theissuance of warrants; salary ordinances; ordinances establishing, naming or vacatingstreets, alleys or other public places; improvement ordinances; bond ordinances;ordinances relating to elections; ordinances relating to the transfer or acceptance of realestate by or from the Villagevillage; and, all special ordinances.

1-2-2 PUBLIC UTILITY ORDINANCES

No ordinance relating to railroads or railroad crossings with streets and other publicways, or relating to the conduct, duties, service or rates of public utilities shall bereplaced by virtue of the preceding section, excepting as this Village Code may containprovisions for such matters, in which case this Village Code shall be considered asamending such ordinance or ordinances in respect to such provisions only.

1-2-3 COURT PROCEEDINGS

No new ordinance shall be construed or held to repeal a former ordinance, whether suchformer ordinance is expressly repealed or not, as to any offense committed against suchformer ordinance or as to any act done, any penalty, forfeiture or punishment soincurred, or any right accrued or claim arising under the former ordinance, or in any way

whatever to affect any such offense or act so committed or so done, or any penalty,forfeiture or punishment so incurred or any right accrued or claim arising before the newordinance takes effect, save only that proceedings thereafter shall conform to theordinance in force at the time of such proceeding, so far as practicable. If any penalty,forfeiture or punishment be mitigated by any provision of a new ordinance, suchprovision may be, by the consent of the party affected, applied to any judgmentannounced after the new ordinance takes effect.


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This Sectionsection shall extend to all repeals, either by express words or implication,whether the repeal is in the ordinance making any new provisions upon the samesubject or in any other ordinance.

Nothing contained in this Chapterchapter shall be construed as abating any action now

pending under or by virtue of any general ordinance of the Villagevillage herein repealedand the provisions of all general ordinances contained in this Codecode shall be deemedto be continuing provisions and not a new enactment of the same provision; nor shallthis Chapterchapter be deemed as discontinuing, abating, modifying or altering anypenalty accrued or to accrue, or as affecting the liability of any person, firm orcorporation, or as waiving any right of the Villagevillage under any ordinance or provisionthereof in force at the time of adoption of this Village Codevillage code.

1-2-43 SEVERABILITY CLAUSE

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of thisVillage Codevillage code or any part thereof is for any reason held to be unconstitutional

or invalid or ineffective by any court of competent jurisdiction, such decision shall notaffect the validity or effectiveness of the remaining portions of this Codecode, or any partthereof. The Village Board of Trusteesvillage board hereby declares that it would havepassed each section, subsection, subdivision, paragraph, sentence, clause or phrasethereof irrespective of the fact that any one or more sections, subsections, subdivisions,paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid orineffective.

CHAPTER 3

DEFINITIONS

1-3-1 RULES OF CONSTRUCTION OF WORDS:

A. Whenever any word in any section of this Village Codevillage code importing theplural number is used in describing or referring to any matters, parties orpersons, any single matter, party or person shall be deemed to be included,although distributive words may not have been used. When any subject matter,party or person is referred to in this Village Codevillage code by words importingthe singular number only, or the masculine gender, several matters, parties orper sons and females as well as males and bodies corporate shall be deemed tobe included; provided, that these rules of construction shall not be applied to anysection of this Village Codevillage code which contains any express provision

excluding such construction or where the subject matter or content may berepugnant thereto.

The word "ordinance" contained in the ordinances of the Villagevillage has beenchanged in the content of this Village Codevillage code to "title", "chapter","section" and/or "subsection" or words of like import for organizational andclarification purposes only. Such change to the Village'svillage's ordinances isnot meant to amend the passage and effective dates of such original ordinances.


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B. In the construction of this code and of all ordinances, the rules and definitions setout in this chapter shall be observed unless such construction would beinconsistent with the manifest intent of the board of trustees. The rules ofconstruction and definitions set out herein shall not be applied to any section ofthis code which shall contain any express provision excluding such construction

or where the subject matter or the context of such section may be repugnantthereto.

C. All general provisions, terms, phrases and expressions contained in this codeshall be liberally construed in order that the true intent and meaning of the boardof trustees may be fully carried out. In the interpretation and application of anyprovision of this code, they shall be held to be the minimum requirementsadopted for the promotion of the public health, safety, comfort, convenience andgeneral welfare. Where any provision of the code imposes greater restrictionsupon the subject matter than the other provisions of the code, the provisionimposing the greater restriction or regulation shall be deemed to be controlling.

1-3-2 DEFINITIONS

Whenever the following words or terms are used in this Codecode, they shall have themeanings herein ascribed to them, unless the context makes such meaning repugnantthereto:

AGENT: A person acting on behalf of another.

BOARD: Unless otherwise indicated, the Board of Trustees of the Village.

ANNUAL FEE ORDINANCE: That certain schedule of fees that is annually adopted byordinance of the board of trustees setting forth the applicable fees, charges, penalties,

and fines authorized by this code and by other ordinances of the village, as set out inchapter 16 of title 1 of this code.

BOARD OF TRUSTEES, CORPORATE AUTHORITIES, OR VILLAGE BOARD: Theboard of trustees of the village of Island Lake, which shall consist of the mayor andtrustees.

CODE: The Village Codevillage code of Island Lake, Illinois and amendments thereto.

COUNTY: The Counties of Lake and McHenry, State of Illinois.

EMPLOYEES: Whenever reference is made in this Codecode to a Villagevillage

employee by title only, this shall be construed as though followed by the words "of theVillagevillage of Island Lake".

FEE: A sum of money charged by the Villagevillage for the carrying on of a business,profession or occupation.

LICENSE: The permission granted for the carrying on of a business, profession oroccupation.


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MAYOR: The Mayormayor of the Villagevillage may be referred to as "President" or"Mayormayor" of the Villagevillage.

MISDEMEANOR: Any offense for which a sentence to a term of imprisonment in otherthan a penitentiary for less than one year may be imposed.

NUISANCE: Anything offensive or obnoxious to the health and welfare of the inhabitantsof the Villagevillage; or any act or thing repugnant to, or creating a hazard to, or having adetrimental effect on the property of another person or to the community.

OCCUPANT: As applied to a building or land, this term shall include any person whooccupies the whole or any part of such building or land, whether alone or with others.

OFFENSE: Any act forbidden by any provision of this Codecode or the omission of anyact required by the provisions of this Codecode.

OFFICERS: Whenever reference is made in this Codecode to a Villagevillage officer bytitle only, this shall be construed as though followed by the words "of the Villagevillage of

Island Lake".

OPERATOR: The person who is in charge of any operation, business or profession.

OWNER: As applied to a building or land, this term shall include any part owner, jointowner, tenant in common, joint tenant or lessee of the whole or of a part of such buildingor land.

PERSON: Any public or private corporation, firm, partnership, association, organization,government or any other group acting as a unit, as well as a natural person.

PERSONAL PROPERTY: Every description of money, goods, chattels, effects, evidence

of rights in action and all written instruments by which any pecuniary obligation, right ortitle to property is created, acknowledged, transferred, increased defeated, discharged ordiminished and every right of interest therein.

RETAILER: Unless otherwise specifically defined, this term shall be understood to relateto the sale of goods, merchandise, articles or things in small quantities direct to theconsumer.

STATE: The State of Illinois.

STREET: This term shall include alleys, lanes, courts, boulevards, public squares, publicplaces and sidewalks.

TENANT: As applied to a building or land, this term shall include any person whooccupies the whole or any part of such building or land, whether alone or with others.

VILLAGE: The Villagevillage of Island Lake, Lake and McHenry Counties, State ofIllinois.

VILLAGE PRESIDENT: See Mayormayor.


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WHOLESALER and WHOLESALE DEALER: Unless otherwise specifically defined, suchterms shall be understood to relate to the sale of goods, merchandise, articles or thingsin quantity to persons who purchase for the purpose of resale.

WRITTEN, IN WRITING: These terms may include printing and any other mode of

representing words and letters, but when the written signature of any person is requiredby law to any official or public writing or bond required by law, it shall be in the properhandwriting of such person, or in case he is unable to write, by his proper mark.

1-3-3 CATCHLINES

The catchlines of the several sections of this Village Codevillage code are intended asmere catchwords to indicate the content of the section and shall not be deemed or takento be titles of such sections, nor be deemed to govern, limit, modify or in any manneraffect the scope, meaning or intent of the provisions of any division or section hereof, norunless expressly so provided, shall they be so deemed when any of such sections,including the catchlines, are amended or re-enacted.

CHAPTER 4

GENERAL PENALTY

1-4-1 GENERAL PENALTY

Any person convicted of a violation of any section or provision of this code, where noother penalty is set forth, shall be punished by a fine of not less than thirty five dollars($35.00) nor more than seven hundred fifty dollars ($750.00) for any offense.

Whenever in this code, or in any ordinance of the village, any act or omission is

prohibited or is made or declared to be unlawful or an offense or a violation of this code,or whenever in this code or ordinance the doing of any act is required or the failure to doany act is declared to be unlawful or an offense or a violation of this code, where nospecific penalty is provided therefor, the violation of any such provision of this code orany ordinance is hereby declared to be an offense and shall be punishable by a fine inthe amount set forth in the annual fee ordinance schedule contained in section 1-16-3 ofthis code. A separate offense shall be deemed committed on each day or part thereof onwhich a violation occurs or continues or is permitted to occur or continue.

1-4-2 APPLICATION OF PROVISIONS

The penalty provided in this chapter shall be applicable to every section of this code the

same as though it were a part of each and every separate section. Any person convictedof a violation of any section of this code where any duty is prescribed or obligationimposed, or where any action which is of a continuing nature is forbidden or is declaredto be unlawful, shall be deemed guilty of a misdemeanor. A separate offense shall bedeemed committed upon each day such duty or obligation remains unperformed or suchact continues, unless otherwise specifically provided in this code.

In all cases where the same offense is made punishable or is created by different


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clauses or sections of this code, the prosecuting officer may elect under which toproceed; but not more than one recovery shall be had against the same person for thesame offense; provided, that the revocation of a license or permit shall not beconsidered a recovery or penalty so as to bar any other penalty being enforced.

Whenever the doing of any act or the omission to do any act constitutes a breach of any

section or provision of this code and there shall be no fine or penalty specificallydeclared for such breach, the provisions of this chapter shall apply.

1-4-3 LIABILITY OF OFFICERS

No provision of this code designating the duties of any officer or employee shall be soconstrued as to make such officer or employee liable for any fine or penalty provided fora failure to perform such duty, unless the intention of the board of trustees to imposesuch fine or penalty on such officer or employee is specifically and clearly expressed inthe section creating the duty.

1-4-4 SETTLEMENT PROCEDURE FOR CERTAIN CODE VIOLATIONS

A. Citation Issuance: Whenever a police officer of the village is authorized to arresta person without a warrant because of the violation of any of the sectionsenumerated in title 6, entitled "Police and Public Safety Regulations", or title 7,entitled "Motor Vehicles and Traffic", of this code, said police officer may, in lieuof filing a complaint in the circuit court of Lake and McHenry Counties, issue tosuch alleged violator a citation, advising said person that he has violated aspecified code section and requesting him to make payment in an amountapplicable to said alleged violation as set forth in subsection D of this section, asfull settlement of said alleged violation.

B. Settlement Payment; Police Department:

1. Pursuant to said citation, the person so accused of said violation maysettle and compromise the violation claim with respect to such a violationby paying to the municipality the applicable amount as shown in theschedule set forth in subsection D of this section, within the time periodspecified in said citation.

2. Such payment shall be made in accordance with the instructionscontained in the citation, at the police department, who shall issue areceipt for the money so received and promptly remit said amount to thevillage clerk to be credited to the proper municipal fund.

C. Failure To Pay: In the event that the person to whom said citation is issued failsto settle and pay said violation claim within the prescribed time in said citation,the fine will automatically increase to twenty dollars ($20.00). Thereafter, thePolice Department will serve upon said person a letter advising said person thatthe fine has been increased to twenty dollars ($20.00), and will further advisesaid person that if the fine is not paid by a certain date specified in the letter, thatthe Village will turn the matter over to a collection agency. Service of said letter


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by regular mail, certified mail, registered mail, or personal service will be deemedvalid service for the purposes of this Section.

D. In the event that said payment is made within the period as set forth in thecitation, the payment of ten dollars ($10.00) shall be accepted as settlement ofthe violation.

E. 1. For the purposes of enforcing the provisions of this Code and for theconvenience of the citizens of the Village, there shall be a "P" ticketissued for violations of the Titles enumerated in paragraph E2 below.

2. The Building Commissioner of the Village is authorized to file a complaintfor the violation of any section of Title 4, entitled "Public Ways andProperty", Title 5, entitled "Health and Sanitation", Title 7, entitled "MotorVehicles and Traffic", Title 8, entitled "Building Regulations", or Title 9,entitled "Zoning" of this Code. The Building Commissioner may, in lieu offiling said complaint in the Circuit Court of Lake and McHenry Counties, inthe first instance issue to such alleged violator a citation, advising saidperson that he has violated a specified Code section and requesting himto make payment in an amount applicable to said alleged violation as setforth in subsection F of this Section, as full settlement of said allegedviolation.

F. Settlement Payment: Pursuant to said citation, the person so accused of saidviolation may settle and compromise the violation claim with respect to suchviolation by:

1. Paying to the Municipality the sum of thirty five dollars ($35.00) within aperiod to be specified in said complaint, but not more than five (5) daysafter the time the alleged offense was committed.

2. Such payment shall be made in accordance with instructions contained inthe citation, at the Village Clerk's Office, who shall issue a receipt for themoney so received and credit the money to the appropriate Municipalfund.

CHAPTER 5

MAYOR

1-5-1 ELECTION; TERM OF OFFICE

The Mayormayor shall be elected for a term of four (4) years, and shall be thePresidentpresident of the Boardboard of Trusteestrustees, as provided by statute.

1-5-2 : DUTIES:

A. The Mayormayor shall be the chief executive officer of the Villagevillage andshall perform all such duties as may be required of him by statute or ordinance.


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HeThe mayor shall have supervision over all the executive officers of theVillagevillage and over all the employees of the Village. Hevillage. The mayorshall have the power and authority to inspect all books and records kept by anyVillagevillage officer or employee at any reasonable time.

B. Whenever there is a question as to respective powers or duties of any appointed

officer of Villagevillage, it shall be settled by the Mayor. Hemayor. The mayorshall have the power to delegate to any such officer any duty which is to beperformed when no specific officer has been directed to perform that duty.

1-5-3 BOND; OATH; SALARY

Before entering upon the duties of his office, the Mayor shall give a bond with sureties tobe approved by the Board of Trustees conditioned upon the faithful performance of hisduties, in a sum not less than three thousand dollars ($3,000). The Mayor shall take theoath of office prescribed by statute2, and shall The mayor shall take oath or affirmation ofoffice and shall execute and deliver to the village a bond in accordance with section 1-8A-7 of this code. The mayor shall receive an annual salary of eight thousand eighthundred dollars ($8,800.00); in). In addition to the annual salary, the Mayormayor shallreceive the sum of one hundred dollars ($100.00) for each board, committee, andspecial meeting of the whole actuallyvillage board attended by the Mayor;mayor.Meetings that are concurrent on the same date will be deemed to be one meeting, andthe mayor will receive the total sum of $100 for the date regardless of how manymeetings or what type of meetings are held and attended by the mayor. Further, inaddition to the annual salary and to the one hundred dollars ($100.00) for each meetingattended, for performing the duties of Liquor Commissioner, the Mayormayor shallreceive an annual salary of one thousand two hundred dollars ($1,200.00); the) forperforming the duties of liquor commissioner. The duties of the Mayormayor include aminimum of twenty (20) hours per week, exclusive of meetings attended.

1-5-4 MAYOR PRO TEM

During a temporary absence or disability of the Mayormayor, the Boardboard ofTrusteestrustees shall elect one of its numbermembers to act as Mayor Pro-Temmayorpro-tem, who, during the absence or disability of the Mayormayor, shall perform theduties pertaining to the office.

CHAPTER 6.

BOARD OF TRUSTEES

1-6-1 ELECTION; FUNCTIONS

The board of trustees, consisting of six (6) members, shall be elected to office for a four(4) year term, according to the method provided by statute. This board shall be thelegislative department of the village government, and shall perform such duties and havesuch powers as may be delegated by statute to it.

1-6-2 SALARY


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Each trustee of the village shall receive the sum of one hundred dollars ($100.00) foreach board, committee, and special meeting of the whole actually attended effectiveMay 1, 1991.village board attended by the trustee. Meetings that are concurrent on thesame date will be deemed to be one meeting, and a trustee will receive the total sum of$100 for the date regardless of how many meetings or what type of meetings are held

and attended by that trustee.

1-6-3 PRESIDENT

The mayor shall be the presiding officer of all regular and special meetings of the boardof trustees and at all times when the board meets as a committee of the whole.

1-6-4 MEETINGS

A. Regular Meetings: Regular meetings of the village board of trustees shall be heldon the second and fourth Thursday evenings of each and every month unlessotherwise approved in accordance with the Illinois Open Meetings Act.

B. Special Meetings: Special meetings may be held anytime on call of the mayor, oron the call of at least three (3) trustees. Such , or as otherwise provided by statestatute. The special call by the 3 trustees shall be in writing, duly signed by eachsponsoring trustee, and shall be presented to the village clerk, who shall proceedimmediately to prepare the agenda and provide notice of suchthe specialmeeting to the news media as required by the open meetings actIllinois OpenMeetings Act and cause the agenda and any supporting documents to be servedon the mayor and members of the village board by e-mail. Any notice of trusteesby telephone and by messenger. Such notices shall be as required by the openmeetings act, 5 Illinois Compiled Statutesa special meeting must be incompliance with the Illinois Open Meetings Act, 5 ILCS 120/1.01 et seq. At any

such special meeting In accordance with state statute, no business other thanthat set forth in the agenda may be transacted or undertaken at any specialmeeting.

C. Time And and Location: All regular meetings are to be held at seven thirty o'clock(7:30) P.M. local time in the village hall, 3720 Greenleaf Avenue, Island Lake,Illinois, unless otherwise specified. by the notice of the meeting or approved bythe board of trustees.

1-6-54 ORDER OF BUSINESS AND RULES OF PROCEDUREA.

A. Quorum: A majority of the trusteescorporate authorities shall constitute a quorumto do business.

B. Order Of of Business:

1. Call to order.

2. Roll call.


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3. Pledge of Allegiance.

4. Correspondence.

5. Consent agenda. (Items listed on the consent agenda will be approved bya single vote of the board unless a member of the board requests that aseparate vote be taken on any item.)

a. Reports of standing committees of the board of trustees.

b. Reports of department heads.

c. Payment of bills.

B. d. Other items of routine nature as Unless otherwise determined by thestanding committees.a majority of the corporate authorities, the business shall beconducted in the following order:

1. 6Call to order.

2. Roll call.

3. Pledge of allegiance.

4. Correspondence/recognition of village employees with family members inthe military.

5. Public commentslimited to 5 minutes per speaker.

6. Consent Agenda items.

a. Approval of Minutes.

b. Approval of Payments of Bills.

c. Committee & Department Reports:

i. Finance and administration.

ii. Public works & Water.

iii. Building, zoning, and ordinance.

iv. Police and public safety.

v. Parks, recreation & education.

vi. Economic development.

7. Agenda items:

a. Old business.

7b. New business.

8. 8. Items from village clerk, trustees and department heads.

9. 9. Mayor'smayors report.

10. 10. Open to public participationcomments limited to 5 minutes perspeaker.


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11. 11. ClosedExecutive session.

12. 12. Reconvene to regular session.

13. Action on executive session items from closed session.

13. Adjournment.

14. Adjourn.

C. Agenda: Any matter of business before the board may be rescheduled on theagenda by majority vote of the members present.

D. Voting, Record Yeas And Nays Voting, record yeas and nays:

1. 1. Upon request of any member, the yeas and nays upon anyquestion shall be taken and entered upon the minutes.

2. 2. The resultresults of all votes by yeas and nays shall beannounced by the clerk, and no member'smembers vote may bechanged after the result has been announced.

E. Rules Of of Order: The rules of parliamentary procedure in the latest publishededition of "Robert'sRoberts Rules Of of Order" shall govern the board meetingsin all cases to which they are applicable and in which they are not inconsistentwith the rules of this board or the statutes of this state.

F. Temporary Suspension Of of Rules: These rules may be temporarily suspended,repealed, altered or amended by a two-thirds (2/3) vote of the corporateauthorities.

G. Meeting Procedures:

1. 1. Duties Of The Presiding Officer:Duties of the presiding officer. Themayor shall be the presiding officer and chair. If the mayor is absent then

the temporary chair shall be the presiding officer and chair. The presidingofficer shall preserve order and decorum and may speak to points oforder in preference to other members and shall decide all questions oforder subject to appeal. The presiding officer may speak to matters beingconsidered by the village board without relinquishing his or her chair. If heor she refuses to allow the trustees to exercise their right to appeal adecision of the chair, the trustees may consider and pass on the matter inspite of the chair'schairs failure to grant them an appeal.

In case of any disturbances or disorderly conduct, the presidingofficer shall have the power to require the chamber to be cleared.

2. Duties Of Trustees:of trustees. While the presiding officer is putting the

question to a vote, no trustee shall walk across or out of the board room.

Every trustee, prior to speaking, making a motion, or seconding the same,shall address himself or herself to the presiding officer and appropriatelyaddress the chair and shall not proceed with his or her remarks untilrecognized and named by the chair. He or she shall confine himself orherself to the question under debate, avoiding personalities and refrainingfrom impugning the motives of any other trustee'strustees opinion,argument or vote.


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When two (2) orore more trustees address the chair at the same time, thepresiding officer shall name the trustee who is first to speak.

3. Visitors:. Except during the time allotted for public discussion andcomment, no person other than a member of the village board shall

address the village board, except as authorized by the board. Publiccomment shall be limited to five (5) minutes per speaker unless thevillage board by a majority vote expands the time available for any publicspeaker. The village board, by a majority vote, may also set a lower orhigher time limit for a speaker or for comment on a particular subjectwhich shall apply to all speakers during that public comment section. Thepublic comment section may be closed at any time upon a motion andsecond of the board of trustees and a majority vote in favor thereof.

4. Call Of Trustees To Order, Disorderly Conduct And Expulsion: Call oftrustees to order, disorderly conduct and expulsion. A trustee, whencalled to order by the chair, shall thereupon discontinue speaking andreturn to his or her seat if the trustee has temporarily vacated the seat,

and the order of ruling by the chair shall be binding and conclusive,subject only to the right of appeal. Any member who fails to come to orderafter two (2) warnings during a single meeting may be charged by thechair with disorderly conduct. By concurrence of two-thirds (2/3) of thetrustees then holding office, the trustee charged with disorderly conductmay be determined to have committed the offense and shall pay withinseven (7) days thereafter to the village treasurer the sum of one hundreddollars ($100.00). By ) by the concurrence of two-thirds (2/3) of thetrustees then holding office, a trustee and may be expelled from ameeting for disorderly conduct on a motion to so act. A trustee may notbe expelled a second time for the same incident. A trustee who fails tocome to order upon a third call at a meeting, upon concurrence of two-

thirds (2

/3) of the trustees then holding office, shall pay an additional onehundred dollars ($100.00) and shall be expelled from said meeting. Suchamounts, if not paid, may be recovered in a civil proceeding. Thewarnings are not limited to individual subjects or speaking occurrencesbut instead shall apply to the meeting as a whole.

H. General Procedure For for Legislation: All new ordinances or resolutions, exceptpro forma, honorary or proclamatory resolutions, shall be introduced and read asnew business at a regular meeting. Such ordinances or resolutions shall beeither(1) referred to a standing committee for recommendation to the village board or(2) introduced at a meeting and then held over to the next regular meeting forfinal action. or (3) introduced and considered for final action at the meeting atwhich the legislation is introduced but only if specifically listed on that meetingsagenda. Ordinances or resolutions referred to committee shall be placed on theold business agenda until reported out of committee. If not reported out ofcommittee within thirty (30) days from the date of reference, the ordinance orresolution shall be called for final action. In the event of an urgent or pressingneed for approval of any ordinance or resolution, this requirement may be waivedby a majority vote of the village board. In such instance, the matter shall first belisted on the agenda to waive this requirement. If the vote on the motion to waive


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this requirement is approved, then the village board may consider and vote onthe matter which shall also be listed separately on the agenda for action.

1-6-65 STANDING COMMITTEES

A. A. The standing committees of the board of trustees are:

1. 1. Finance and administration;.2. 2. Public works and water; Department.

3. 3. Police and public safety;.

4. 4. Building, zoning and ordinance;.

5. 5. Economic development;.

6. 6. Parks, recreation and education.

B. B. The mayorcorporate authorities, by majority vote, shall annually have thepower to appoint and remove, at will, one member of the village board to be thechairperson of each standing committee, and two (2)four other trustees asmembers of the committee. The mayor shall be a member of all standingcommittees. The appointed standing committee shall oversee his or herrespective department and have a working knowledge of the personnel andprocedures of the department. In addition, each committee chairperson will keepthe village board informed of his or her respective departments operations andmake recommendations to the village board concerning these operations.

C. C. The standing committees shall serve the following overall functions in thearea of each individual committee responsibility:

1. 1. Overall supervision and review of village policies and procedures.

2. 2. Liaison with other governmental agencies.

3. 3. Long-range planning.

4. 4. Budget and fiscal responsibility.

5. 5. Origination of ordinances and resolutions.

6. 6. Coordination of village staff.

D. D. The responsibilities of each committee shall be to investigate and gatherinformation on matters pending before the village board, to initiate legislation andrecommend to the village board the adoption of ordinances and resolutions. Theareas of responsibility of each committee shall include, but not be limited to, thefollowing:

1. 1. Finance and administration:

a. a. Entire village budget.b. b. Contracts.

c. c. Appropriation and levy.

d. d. License fees.

e. e. Personnel.

2. 2. Public works and& water: department.


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a. a. Roads, sewer, water.

b. b. Local public improvements.

c. c. Drainage issues.

d. d. Electrical.

e. e. StormStorm water detention.

f. f. Environmental controls (wells, litter, weeds, garbage).

3. 3. Police and public safety:

a. a. Police department.

b. b. Traffic control.

c. c. Fire.

d. d. Disaster (tornado, flood, riot control).

e. e. Animal control.

f. f. Medical services.g. g. Coordination with village emergency management agency.

4. 4. Building, zoning and, ordinance:

a. a. Building code regulations.

b. b. Permits and inspections.

c. c. Annexations.

d. d. Long-range planning.

e. e. Coordination with zoning board of appeals and plancommission.

f. f. Public buildings.

5. 5. Economic development:

a. a. Long range planning.

b. b. Update village master plan.

c. c. Attract new businesses to village.

d. d. Retain existing business base.

6. 6. Parks, recreation and education:

a. a. Oversee village recreation department.

b. b. Oversee village park maintenance and development.

c. Oversee Creative Playtime Preschool.

c. d. Oversee creative playtime pre-school and club.

d. Plan and run all village special events.

E. Standing committee rules:


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E. 1. Standing Committee Rules:

1. Procedure: The chairperson will preside at the meetings and have finalauthority to rule on disputes in procedure.

2. 2. Quorum: Two (2)Three members of the committee are required toestablish the quorum. The mayor may be counted to establish a quorum.

3. Voting: Two (2) yes votes are A favorable vote of a majority of thosepresent at a committee meeting, but not less than two votes, is requiredto refer a matter to the village board and out of the standing committee.The mayor may only vote if:

a. His vote would be the second yes vote.

b. To break a tie.

3. If a matter is not referred out of a standing committee within thirty (30)days of reference, the ordinance or resolution shallmay be called for afinal vote as provided in subsection 1-6-5section 1-6-5 H of this chapter.

4. 4. Notice Requirementsrequirements: Notice of meetings shall be asrequired by the open meetings act.Open Meetings Act. All meetings willbe open to the public and minutes shall be prepared of each meeting.

5. 5. Report To Village Boardto village board: The standing committeewill provide the village board with a brief written overview of each itemdiscussed.

6. 6. Public Participationparticipation: The standing committeemeetings will have a public participation section on the agenda.

1-6-76 PERMISSION OF BOARD FOR ANY ACTION OR DECISION

A. Any person desiring permission for any actions or decisions of the village boardof trustees which are not now included in the village ordinances must file awritten application or letter of intent. Such application or letter of intent must be infull detail as to the nature of the request and the action of the petitioner in theevent the request is granted.

B. In the event the village board deemsof trustees deem such action, if granted andnot fulfilled, would place in jeopardy the health and welfare of the village, a cashbond, determined by the village board of trustees, will be demanded to ensuresuch fulfillment.

1-6-87 DISTURBING MEETINGS

It shall be unlawful for any person to disturb any meeting of the board of trustees or ofany committee thereof. Any person violating the provisions of this section shall be finednot less than thirty five dollars ($35.00) nor more than five hundred dollars($500.00)subject to the penalty provisions of chapter 4 of title 1 of this code for eachoffense.


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1-6-98 TAPING OF CLOSED SESSION MEETINGS

It shall be unlawful for any person other than the village clerk or other person specificallydesignated by the village board at that specific meeting which is closed to the public totape, film or record by other means any portion of a meeting which has been closed tothe public pursuant to the Illinois open meetings act, 5 Illinois Compiled StatutesILCS

120/1 et seq., as may be amended from time to time. Any tapes made by the villageclerk or such other person shall be kept as required by the Illinois open meetings act andthe ordinances of the village. Any person who violates the provisions of this section shallbe fined not less than fifty dollars ($50.00) nor more than five hundred dollars($500.00)subject to the penalty provisions of chapter 4 of title 1 of this code for eachoffense.

1-6-9 ELECTRONIC ATTENDANCE AT MEETINGS

A. Policy. It is the policy of the village of Island Lake that any member of the villageboard may attend any open meeting of the village board via electronic means(such as by telephone, video or internet connection) provided that such

attendance is in compliance with these rules and any applicable laws. Forpurposes of the village code, meeting shall be as defined in 5 ILCS 120/1.02 ofthe Open Meetings Act (as may be amended from time to time) and shall meanany gathering, whether in person or by video or audio conference, telephone call,electronic means (such as, without limitation, electronic mail, electronic chat andinstant messaging), or other means of contemporaneous interactivecommunication, of a majority of a quorum of the members of a public body heldfor the purpose of discussing public business.

B. Prerequisites. A member of the village board may attend a meeting electronicallyif the member meets the following conditions:

1. The member should notify the village clerk at least 48 hours before themeeting, unless impractical, so that necessary communicationsequipment can be arranged. Such notice shall be in writing, if possible.

2. The member must assert one of the following three reasons why he orshe is unable to physically attend the meeting.

a. The member cannot attend because of personal illness ordisability; or

b. The member cannot attend because of employment purposes orthe business of the village; or

c. The member cannot attend because of a family or other

emergency.

C. Authorization to Participate.

1. The clerk or his or her designee, after receiving the electronic attendancerequest, shall inform the village board of the request for electronicattendance.


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2. After establishing that there is a quorum physically present at a meetingwhere a member of the village board desires to attend electronically, thepresiding officer shall state that (i) a notice was received by a member ofthe village board in accordance with these Rules, and (ii) the member willbe deemed authorized to attend the meeting electronically unless amotion objecting to the members electronic attendance is made,

seconded, and approved by two-thirds of the members of the villageboard physically present at the meeting. If no such motion is made andseconded or if any such motion fails to achieve the required vote by themembers of the village board, physically present at the meeting, then therequest by the member to attend the meeting electronically shall bedeemed approved by the village board and the presiding officer shalldeclare the requesting member present. After such declaration by thepresiding officer, the question of a members electronic attendance maynot be reconsidered.

D. Adequate Equipment Required. The member participating electronically andother members of the village board must be able to communicate effectively, and

members of the audience must be able to hear all communications at themeeting site. Before allowing electronic attendance at any meeting, the villageboard shall provide equipment adequate to accomplish this objective at themeeting site.

E. Minutes. Any member attending electronically shall be considered an off-siteattendee and counted as present electronically for that meeting if the member isallowed to attend. The meeting minutes shall also reflect and state specificallywhether each member is physically present or present by electronic means.

F. Rights of Remote Member. A member permitted to attend electronically will beable to express his or her comments during the meeting and participate in the

same capacity as those members physically present, subject to all generalmeeting guidelines and procedures previously adopted and adhered to. Themember attending electronically shall be heard, considered, and counted as toany vote taken. Accordingly, the name of any member attending electronicallyshall be called during any vote taken, and his or her vote counted and recordedby the clerk and placed in the minutes for the corresponding meeting. A memberattending electronically may leave a meeting and return as in the case of anymember, provided the member attending electronically shall announce his or herleaving and returning.

G. Committees, Boards and Commissions. These rules shall apply to allcommittees, boards and commissions established by authority of the village

board.

1-6-10 INDEMNIFICATION OF VILLAGE OFFICERS

A. Definitions: Words and terms used in this section shall have the meaningslisted below:

INDEMNIFY OR INDEMNIFICATION: Payment on behalf of a villageofficer to the extent permitted by law to compensate for a judgment, court


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costs or attorneys fees assessed against the village officer, or forcompromise or settlement of a claim or act against the village officer.

LEGAL DEFENSE SERVICES: the undertaking of legal representation,and reimbursement for part or all of the court costs and attorneys feesincurred, in the defense of eligible claims or liabilities by the attorney

assigned by the village's insurer or, if the claim or liability is not coveredby insurance, the village attorney or other attorney assigned by thevillage.

VILLAGE OFFICERS: All persons who were, now are, or shall be lawfullyelected, appointed or employed officials of the village; members ofcommissions, boards, or other units operated by and under the

jurisdiction of the village; village employees; persons who perform aservice on a volunteer basis for the village and under its direction andcontrol; and persons providing services to the village under any mutualaid or similar agreement.

B. Indemnification and Legal Defense Services for village Officers: Exceptfor any claim or liability arising out of bad faith, intentional, reckless orwillful misconduct, or criminal conduct, the village will indemnify, holdharmless, and provide legal defense services and insurance coverage, tothe extent permitted by law, for claims and liabilities to which the villageofficer has or will become subject by reason of a claim or liability allegedlyarising out of an action occurring within the scope of the officers duties,whether or not the village officer continues to be a village officer at thetime of the claim or liability.

C. Criteria for Determining if Action within Scope of Duties: In determiningwhether an action is within the scope of a village officers duties under

this section, the following will be considered:

1. whether the conduct is the kind the village officer is employed orcharged to perform;

2. whether it occurred substantially within authorized time and spacelimits; and

3. whether it was motivated, at least in part, by a purpose to servethe village.

D. Additional Rights.

1. The rights of under this section shall be in addition to any otherrights to which the village officer may otherwise be entitled to as amatter of law.

2. Whenever the village provides legal defense services under thissection, as a condition of such defense, the village may assumeexclusive control over the representation of such village officer;provided, however, that any village officer may at any time, at his


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or her option, take control over the representation by waiving allrights to all or part of the indemnification and rights to payment forlegal defense services under this section.

3. If the village attorney or other attorney assigned by the villagedetermines that a settlement offer is reasonable and the village

agrees in writing that it would fund such settlement, and the villageofficer refuses to settle, the village will continue to defend and/orindemnify the village officer; however, the extent of the village'sliability for indemnity or legal defense services will then be limitedto the amount of such settlement offer which the village wouldhave accepted.

E. Exceptions: The village's undertaking pursuant to this section shall notapply to the provision of defense or indemnification to:

1. any village officer in any investigation, claim, action, or proceedinginstituted by the village against the officer;

2. any village officer that fails to notify the village in writing within 14days after service of a claim, demand, notice, summons or otherprocess upon the village officer for which the village may providefor defense; and

3. any village officer that fails or refuses to cooperate with the villagein good faith with respect to any claim or liability, which includesbut is not limited to providing necessary documents, objects orother tangible things, and participating in necessary physical ormental examinations.

Notwithstanding anything stated herein limiting any indemnification ordefense, the village may elect to authorize indemnification or defense ifthe corporate authorities determine that justice would be served.

CHAPTER 7

VILLAGE CLERK

1-7-1 ELECTION; TERM; OATH; BOND

The village clerk shall be elected and serve for a four (4) year term and until histheclerks successor is elected and qualified, as provided by statute. The clerk shall take an

oath or affirmation of office and shall execute and deliver to the village a bond inaccordance with section 1-8A-7 of this code.

1-7-2 BOND

Before entering upon his duties of office, the village clerk shall execute a bond in suchamount as is provided by statute, conditioned upon the faithful performance of his duties.

1-7-3 POWERS AND DUTIES


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A. Signatures: The village clerk shall seal and attest all contracts of the village andall licenses, permits and such other documents as shall require this formality.

B. Money Collected: The clerk shall turn over all money received by him the clerk onbehalf of the village to the village treasurercollector promptly upon receipt of thesame, and with such money he shall give a statement as to the source thereof.

C. Accounts: The clerk shall keep accounts showing all money received by him, thesource and disposition thereof and such other accounts as may be required bystatute or ordinance Minutes. The clerk shall be responsible for taking andkeeping all minutes of the meetings of the corporate authorities.

D. Records: In addition to the record of ordinances and other records which theclerk is required by statute to keep, hethe clerk shall keep a register of alllicenses and permits issued, the payment thereon, a record showing all of theofficers and regular employees of the village and such other records as may berequired by the board of trustees.

E. Custodian Of Seal: The clerk shall be the custodian of the village seal and shallaffix its impression on documents whenever this is required.

F. Documents: The clerk shall be the custodian of all documents belonging to thevillage which are not assigned to the custody of some other officer.

G. Indices: The clerk shall keep and maintain a proper index to all documents andrecords kept by himthe clerk, so that ready access thereto and use thereof maybe had.

H. Clerk As Collector:

I. Additional Duties: In addition to the duties herein provided, the clerk shall performsuch other duties and functions as may be required by statute or ordinance.

1-7-3 SALARY

The clerk shall receive the sum of seventy five dollars ($75.00) for each board,committee, and special meeting of the village board attended by the clerk. Meetings thatare concurrent on the same date will be deemed to be one meeting, and the clerk willreceive the total sum of $75.00 for the date regardless of how many meetings or whattype of meetings are held and attended by the clerk. The clerk shall also receive asalary in the amount of $150.00 per month for performance of the duties set forth in this

chapter 7, including the preparation of minutes of the meetings of the village board.

4VACANCIESIn case the office of village clerk shall become vacant for any reason, the mayorand board of trustees shall appoint a successor as provided by statute.

1-7-54 DEPUTY VILLAGE CLERK

The mayor, with the advice and consent of the village board, may appoint one or more


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deputy village clerks. The powers and duties of such deputy village clerks shall be asdelegated by the village clerk.

CHAPTER 8

OFFICERS AND EMPLOYEES

ARTICLE A. GENERALLY

1-8A-1 EFFECT

The provisions of this Article shall apply alike to all officers and employees of theVillagevillage, regardless of the time of creation of the office or position or the time ofappointment of the officer or employee.

1-8A-2 APPOINTMENTSAPPOINTMENT OF OFFICERS AND HIRING,REVIEW, DISCIPLINE AND TERMINATION OF EMPLOYEES:

A. Village Officers. All officers other than elective officers shall be appointed by theMayormayor with the advice and the Boardconsent of Trustees, as is provided byStatute; provided, that all employees shall, in the absence of any provisions tothe contrary, be appointed or selected by the Mayorthe board of trustees.Removal of village officers shall follow the procedure set forth in 65 ILCS 5/3.1-35-10, unless otherwise provided by statute.

B. Village Employees. Except for (1) department heads; (2) matters covered withinany applicable collective bargaining agreement; and (3) matters under the

jurisdiction of the Island Lake Fire and Police Commission, the department headsshall have responsibility for hiring and termination decisions, as well as

disciplinary actions such as warnings and suspensions with or without pay, foremployees in their respective departments; provided, however, that departmentheads shall report to the corporate authorities any hiring, termination, orsuspension decision within three days of that decision. The corporate authoritiesshall retain authority over employee salary, bonus, and other compensationdecisions.

C. Department Heads. The heads of the finance department, building department,and public works department shall be hired and terminated by the mayor with theadvice and consent of the board of trustees. The department heads are notappointed village officers.

1-8A-3 TERMS OF OFFICE; VACANCIES

Every appointive appointed officer of the Villagevillage shall hold office until May 1following histhe officers appointment or until histhe officers successor is appointed andqualified, unless it is otherwise provided by ordinance. In case of a vacancy or statute.Vacancies in such place, itan appointed office shall be filled in the same manner inwhich appointments or selections are made, in the absence of provisions in thisordinance or state law to the contrary.


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1-8A-4 MONIES RECEIVED

Every officer of the Villagevillage shall, at least once each month or more often if sorequired, turn over all money received by him in his official capacity, to the Clerkclerk orTreasurerCollector with a statement showing the source from which the same wasreceived.

1-8A-5 OATHS

Every officer of the Villagevillage shall, before entering upon his duties, take the oath ofoffice prescribed by Statute.

1-8A-6 SALARIES

All officers and employees of the Villagevillage shall receive such salaries as may befrom time to time provided by ordinance or resolution.

1-8A-7 BOND

Every officer and employee shall, if required by the Boardboard of Trusteestrustees orstate statute, upon entering upon the duties of his office, give a bond in such amountand with such sureties as may be determined by said Boardthe board or statute,conditioned upon the faithful performance of the duties of histhe office or position.

1-8A-8 ASSIGNMENT OF DUTIES

The Mayormayor and Boardboard of Trusteestrustees shall have the power to assign toany appointive officer any duty which is not assigned by ordinance to some otherspecific officer and shall determine disputes or questions relating to the respectivepowers or duties of officers.

1-8A-9 POWERS AND DUTIES

A. Records: All records and books kept by any officer of the village shall be open toinspection by the mayor, or any member of the board of trustees at allreasonable times, whether or not such records or books are required to be keptby statute or ordinance.

B. Arrests: The mayor, members of the board of trustees, as well as every memberof the police department, are hereby declared to be conservators of the peacewith such powers to make arrests as are given to conservators of the peace bystatute. ; provided, however, that to qualify as a conservator of the peace, an

individual must first have received a certificate attesting to the successfulcompletion of a training course as required by 65 ILCS 5/3.1-15-25.

1-8A-10 TERMINATION OF OFFICE; DELIVERY OF BOOKS AND RECORDS

Every officer and employee of the village, upon the expiration of his term for any causewhatsoever, shall deliver to his successor all books and records which may be theproperty of the village, and if no successor has been appointed within one week after the


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termination of office, such property shall be delivered to the village clerk or villagetreasurer.

1-8A-11 PROHIBITED ACTS

A. Impersonation: It shall be unlawful for any person to impersonate, without lawful

authority, any village officer or employee.

B. Interference With Officers: It shall be unlawful to interfere with or hinder anyofficer or employee of the village while engaged in the duties of his office oremployment.

C. Penalty: Any person violating any provision of this section shall be fined not lessthan thirty five dollars ($35.00) nor more than five hundred dollars($500.00)subject to the penalty provisions of chapter 4 of title 1 of this code foreach offense.

1-8A-12 ANNUAL LEAVE

Annual leave will be earned, but not taken, during the first twelve (12) months of service.

A. Upon completion of one year of service, employee is entitled to five (5) vacationdays each year.

B. Upon completion of two (2) years of eligible service, employee is entitled to ten(10) vacation days each year.

C. Upon completion of five (5) years of eligible service, employee is entitled tofifteen (15) vacation days each year.

D. Upon completion of ten (10) years of eligible service, employee is entitled totwenty (20) vacation days each year.

E. Upon completion of fifteen (15) years of eligible service, employee is entitled totwenty five (25) vacation days each year.

F. Annual leave must be taken within twelve (12) months of the benefit year inwhich it was earned or it will be declared forfeited.

G. At the time an officer terminates from village service, his/her balance of unusedvacation time will be rounded to the nearest day.

H. In order to receive vacation credit for the month, the officer must be in pay statusat least one-half (1/2) of the workdays of the month.

I. Vacation requests will be awarded by seniority, when the request is turned in byJanuary 31 for year requested. After January 31, preference will be given to daterequest is turned in to the department supervisor.


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1-8A-13 PREVAILING WAGE RATE

A. To the extent and as required by the state prevailing wage act, the generalprevailing rate of wages in this locality for laborers, mechanics and other workersengaged in the construction of public works coming under the jurisdiction of thevillage is hereby ascertained to be the same as the current prevailing rate of

wages for construction work in Lake and McHenry Counties as determined by thedepartment of labor of the state of Illinois (the "department") as of June 1, 2008,a copy of that determination being attached heretofrom time-to-time, andincorporated hereinas established on an annual basis by reference. As requiredby said act, any and all revisions of the prevailing rate of wages by thedepartment shall supersede the department's June determination and apply toany and all public works construction undertaken by the village. The definition ofany terms appearing in the ordinance codified herein which are also used in theact shall be the same as the definitions specified in the actadopted by the boardof trustees.

B. Nothing herein is intended to apply or shall be construed to apply said prevailing

rate of wages as herein ascertained to any work or employment performed onbehalf of this village except public works construction to the extent required bythe act.

C. The village clerk shall publicly post or keep available for inspection by anyinterested party in the village hall this determination of prevailing rate of wages. Acopy of this determination or of the current revised determination of prevailingrate of wages then in effect shall be attached to all contract specifications.

D. By July 15 of each year, the village clerk shall file a certified copy of theordinance codified herein with the secretary of state of Illinois in Springfield andwith the Illinois department of labor.

E. Within thirty (30) days after filing a certified copy of the ordinance codified hereinwith the secretary of state, the village clerk shall cause to be published in anewspaper of general circulation within the area a notice that this determinationis effective and constitutes the determination of this public body.

F. The village clerk shall mail a copy of the ordinance codified herein to anyemployer, to any association of employers, and to any person or association ofemployees who have filed their names and addresses requesting copies of anydetermination stating the particular rates and the particular class of workerswhose wages will be affected by such rates.

ARTICLE B. VILLAGE TREASURER

1-8B-1 CREATION; APPOINTMENT; OATH; BOND

There is hereby created the office of Villagevillage Treasurer, who shall be appointed bythe Mayormayor, by and with the advice and consent of the Boardboard ofTrusteestrustees as provided by statute. He1. The treasurer shall serve for one year. The


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treasurer shall take oath or affirmation of office and shall execute and deliver to thevillage a bond in accordance with section 1-8A-7 of this code.

1-8B-2 BOND

The Village Treasurer shall give bond before entering upon the duties of his office, in the

sum required by the Board of Trustees, but such amount shall not be less than thatrequired by statute. This bond shall be conditioned upon the faithful performance of hisduties and shall be conditioned to indemnify the Village for any loss by reason of anyneglect of duty or any act of the Treasurer.

1-8B-3 POWERS AND DUTIES

A. Generally: The Treasurer shall perform such duties as may be prescribed for himby statute or ordinance. HeThe treasurer shall receive all money paid into theVillagevillage whether directly from the person paying the money or from thehands of such other officer or employee as may receive it, and hethe treasurershall pay out money only on vouchers or orders properly signed by the Mayor

and Village Clerkmayor and village clerk.

B. Deposit of Funds: HeThe treasurer shall deposit the Villagevillage funds in suchdepositories as may be selected from time to time as provided by law. He shallkeep the deposit of the Villagevillage money separate and distinct from histhetreasurers own money and not make private or personal use of anyVillagevillage money.

C. Records: HeThe treasurer shall keep records showing all money received byhimthe treasurer, showing the source from which it is received and the purposefor which it is paid and keep records at all times showing the financial status ofthe Villagevillage.

D. Accounting: The Treasurertreasurer shall keep such books and accounts as maybe required by Statute or ordinance, and hethe treasurer shall keep them in themanner required by the Board of Trustees. board of trustees.

ARTICLE C. VILLAGE ATTORNEY

1-8C-1 CREATION; APPOINTMENT

There is hereby created the office of Villagevillage Attorney, an executive office of theVillage.village. The Villagevillage Attorney shall be appointed by the Mayormayor, by

and with the advice and consent of the Boardboard of Trusteestrustees.

1-8C-2 SPECIAL COUNSEL

The Mayormayor, with the consent of the Boardboard of Trusteestrustees may, fromtime to time, retain an attorney to represent or advise the Villagevillage on legal mattersif no Villagevillage Attorney has been appointed. The Mayormayor may likewise retainspecial counsel to advise or represent the Villagevillage on special matters or to assistthe Villagevillage Attorney.


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1-8C-3 POWERS AND DUTIES

A. Suits and Actions: The Villagevillage Attorney shall prosecute or defend any andall suits or actions at law or equity to which the Villagevillage may be a party, orin which it may be interested, or which may be brought against, or by, any officer

of the Villagevillage on behalf of the Villagevillage or in the capacity of suchperson as an officer of the Villagevillage.

B. Judgments: It shall be the duty of the Villagevillage Attorney to see to the fullenforcement of all judgments or decrees entered in favor of the Villagevillage,and of all similar interlocutory orders.

C. Advice: The Villagevillage Attorney shall be the legal advisor of the Villagevillageand shall render advice on all legal questions affecting it, whenever requested todo so by any Villagevillage official. Upon request by the Mayormayor or amajority of the board of trustees, the Attorney shall reduce any such opinion towriting.

ARTICLE D. BUILDING COMMISSIONER

1-8D-1 CREATION; APPOINTMENT

There is hereby created the position of Building Commissioner, who shall be appointedby the Mayormayor, by and with the advice and consent of the Boardboard ofTrusteestrustees.

1-8D-2 POWERS AND DUTIES

A. Generally: It shall be the duty of the Building Commissioner to see to theenforcement of all ordinance provisions relating to building1 or zoning2 and toinspect all buildings or structures being constructed or altered, as frequently asmay be necessary to insure compliance with the Villagevillage ordinances.

B. Ex-Officio Plumbing Inspector: The Building Commissioner shall act as ex-officioPlumbing Inspector and shall have all the powers and perform all the dutiesconnected with that office.

C. Ex-Officio Electrical Inspector: The Building Commissioner shall act as ex-officioElectrical Inspector and shall have all the powers and perform all the dutiesconnected with the office.

1-8D-3 STOP ORDER

A. The Building Commissioner shall have the power to order all work stopped onconstruction, alteration or repair of buildings in the Villagevillage when such workis being done in violation of any provision of any ordinance relating thereto or inviolation of the Zoning Title. Work shall not be resumed after the issuance ofsuch order except on the written permission of the Building Commissioner;


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provided, however, that if the stop order is an oral one, it shall be followed by awritten stop order within an hour.

B. Such stop order may be served by any policeman.police officer.

C. Penalty: Any person who shall continue to work in violation of a stop order of theBuilding Commissioner shall be fined not less than thirty five dollars ($35.00), normore than five hundred dollars ($500.00)subject to the penalty provisions ofchapter 4 of title 1 of this code for each day during or on which any work inviolation of such stop order is done. offense.

ARTICLE E. VILLAGE COLLECTOR

1-8E-1 CREATION AND APPOINTMENT

There is hereby created the office of village collector. The mayor, with the advice andconsent of the village board, may appoint the clerk or some other person to perform allof the duties of the collector at such a salary as shall be established from time to time bythe village board. The collector shall keep accounts showing all money received by theclerk, the source and disposition thereof and such other accounts as may be required bystatute or ordinance.

ARTICLE F. LEGISLATIVE COUNSEL

1-8F-1 LEGISLATIVE COUNSEL

The village trustees are authorized to retain legislative counsel to advise the trustees onmatters relating to their legislative duties such as the drafting of ordinances, opinions onthe powers of the legislative branch, and providing other advice on matters within the

purview of the legislative branch of municipal government. trustees may seek legalcounsel regarding any matters within the range of items specified above. The legislativecounsel will indicate on their invoices the trustee who initiated the contact with them andwill also provide a general description of the services provided. The legislative counselshall be retained as an independent contractor at a rate authorized by the village boardfor a term in excess of one year but not exceeding the term of the mayor. No departmentor office of legislative counsel is hereby created.

CHAPTER 9

MISCELLANEOUS PROVISIONS

1-9-1 ELECTIONS

Elections for Municipal offices shall be held as provided by Statute and at the timeprescribed by Statute.

1-9-2 SURETY BONDS

A. In the absence of any provision by ordinance to the contrary, whenever a suretybond to indemnify the Villagevillage is required as a prerequisite to exercising the


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duties of any office or position, or to the issuance of a license or permit or for theexercise of any special privilege, the surety on such a bond shall be acorporation licensed and authorized to do business in the State.

B. Whenever in its opinion additional sureties or an additional surety may beneeded on any bond to indemnify the Villagevillage against loss or liability

because of the insolvency of the existing surety or sureties or for any otherreason, the Villagevillage may order a new surety or sureties to be secured forsuch bond. If such new surety or sureties are not procured within ten (10) daysfrom the time such order is transmitted to the principal on the bond, or hisassignee, the Boardboard shall declare the bond to be void and thereupon suchprincipal or assignee shall be deemed to have surrendered the privilege orposition as condition of which the bond was required.

1-9-3 CORPORATE SEAL:

The Corporate Seal of the Villagevillage shall be as follows:

A circular disc, so designed as to impress the words "Villagevillage of IslandLake, Lake-McHenry County, Illinois" on the periphery thereof and "VillagevillageSeal" in the center.

1-9-4 FISCAL YEAR

The fiscal year for the Villagevillage shall begin on May 1 of each year and end on April30 of the following year.

1-9-5 OFFICIAL NEWSPAPER

A. Recognizing that the Wauconda Leader is a newspaper of general circulation in

the vicinity of Island Lake, printing in one issue of the Wauconda Leadershall beconsidered adequate publication for ordinances and all other official noticesrequiring publication by law.

B. In addition to the Wauconda Leader, herein designated as an official publicationof the Village, the McHenry Free Press and the Daily Herald shall also bedesignated as official publications, these newspapers being of general circulationwithin Island Lake. Any official notice appearing in any of these papers shall beconsidered as adequate publication.

CHAPTER 10

MUNICIPAL FINANCES

(Reserved)

CHAPTER 11

FREEDOM OF INFORMATION


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1-11-1 REQUESTS FOR ACCESS TO RECORDS

Requests for access to the records of the village are to be referred to the village'sfreedom of information act officer. The village board may designate one or more officialsor employees to act as its freedom of information act officer. All requests for inspectionor copies of public records must be submitted in writing in accordance with the village of

Island Lake freedom of information act policy, which policy is available for inspection atthe office of the village.

CHAPTER 12

OFFICIAL COMPREHENSIVE PLAN

1-12-1 OFFICIAL COMPREHENSIVE PLAN ADOPTED

The document attached to ordinance 1218-04, hereinafter referred to as the officialcomprehensive plan of the Villagevillage of Island Lake, is hereby adopted as the officialcomprehensive plan of the village.

CHAPTER 13

ETHICAL CONDUCT

1-13-1 DEFINITIONS

For purposes of this chapter, the following terms shall be given these definitions:

CAMPAIGN FOR ELECTIVE OFFICE: Any activity in furtherance of an effort to influencethe 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, orelection of presidential or vice presidential electors, but does not include activities: a)relating to the support or opposition of any executive, legislative, or administrative action,b) relating to collective bargaining, or c) that are otherwise in furtherance of the person'sofficial duties.

CANDIDATE: A person who has filed nominating papers or petitions for nomination orelection 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 insection 1-3 of the election code.

COLLECTIVE BARGAINING: Has the same meaning as that term is defined in section 3

of the Illinois public labor relations act.

COMPENSATED TIME: With respect to an employee, any time worked by or credited tothe employee that counts toward any minimum work time requirement imposed as acondition of his or her employment, but for purposes of this chapter, does not includeany designated holidays, vacation periods, personal time, compensatory time off or anyperiod when the employee is on a leave of absence. With respect to officers oremployees whose hours are not fixed, "compensated time" includes any period of time


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when the officer is on premises under the control of the employer and any other timewhen the officer or employee is executing his or her official duties, regardless of location.

COMPENSATORY TIME OFF: Authorized time off earned by or awarded to anemployee to compensate in whole or in part for time worked in excess of the minimumwork 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 theelection code3.

EMPLOYEE: A person employed by the village of Island Lake, whether on a full time orpart time basis or pursuant to a contract, whose duties are subject to the direction andcontrol of an employer with regard to the material details of how the work is to beperformed, but does not include an independent contractor.

EMPLOYER: The village of Island Lake.

GIFT: Any gratuity, discount, entertainment, hospitality, loan, forbearance, or other

tangible or intangible item having monetary value including, but not limited to, cash, foodand drink, and honoraria for speaking engagements related to or attributable togovernment employment or the official position of an officer or employee.

LEAVE OF ABSENCE: Any period during which an employee does not receive: a)compensation for employment, b) service credit towards pension benefits, and c) healthinsurance benefits paid for by the employer.

OFFICER: A person who holds, by election or appointment, an office created by statuteor ordinance, regardless of whether the officer is compensated for service in his or herofficial capacity.

POLITICAL ACTIVITY: Any activity in support of or in connection with any campaign forelective office or any political organization, but does not include activities: a) relating tothe support or opposition of any executive, legislative, or administrative action, b)relating to collective bargaining, or c) that are otherwise in furtherance of the person'sofficial duties.

POLITICAL ORGANIZATION: A party, committee, association, fund, or otherorganization (whether or not incorporated) that is required to file a statement oforganization with the state board of elections or a county clerk under section 9-3 of theelection code, but only with regard to those activities that require filing with the stateboard of elections or a county clerk.

PROHIBITED POLITICAL ACTIVITY: A. Preparing for, organizing, or participating in anypolitical meeting, political rally, political demonstration, or other political event.

B. Soliciting contributions, including, but not limited to, the purchase of, selling,distributing, or receiving payment for tickets for any political fundraiser, politicalmeeting, or other political event.

C. Soliciting, planning the solicitation of, or preparing any document or reportregarding anything of value intended as a campaign contribution.


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D. Planning, conducting, or participating in a public opinion poll in connection with acampaign for elective office or on behalf of a political organization for politicalpurposes or for or against any referendum question.

E. Surveying or gathering information from potential or actual voters in an electionto determine probable vote outcome in connection with a campaign for elective

office or on behalf of a political organization for political purposes or for or againstany referendum question.

F. Assisting at the polls on election day on behalf of any political organization orcandidate for elective office or for or against any referendum question.

G. Soliciting votes on behalf of a candidate for elective office or a politicalorganization or for or against any referendum question or helping in an effort toget voters to the polls.

H. Initiating for circulation, preparing, circulating, reviewing, or filing any petition onbehalf of a candidate for elective office or for or against any referendum question.

I. Making contributions on behalf of any candidate for elective office in that capacityor in connection with a campaign for elective office.

J. Preparing or reviewing responses to candidate questionnaires.

K. Distributing, preparing for distribution, or mailing campaign literature, campaignsigns, or other campaign material on behalf of any candidate for elective office orfor or against any referendum question.

L. Campaigning for any elective office or for or against any referendum question.

M. Managing or working on a campaign for elective office or for or against anyreferendum question.

N. Serving as a delegate, alternate, or proxy to a political party convention.

O. Participating in any recount or challenge to the outcome of any election.

PROHIBITED SOURCE: Any person or entity who:

A. Is seeking official action: 1) by an officer or 2) by an employee, or by the officeror another employee directing that employee;

B. Does business or seeks to do business: 1) with the officer or 2) with anemployee, or with the officer or another employee directing that employee;

C. Conducts activities regulated: 1) by the officer or 2) by an employee, or by theofficer or another employee directing that employee; or


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D. Has interests that may be substantially affected by the performance ornonperformance of the official duties of the officer or employee.

1-13-2 PROHIBITED POLITICAL ACTIVITIES

A. No officer or employee shall intentionally perform any prohibited political activityduring any "compensated time", as defined herein. No officer or employee shallintentionally use any property or resources of the Villagevillage of Island Lake inconnection with any prohibited political activity.

B. At no time shall any officer or employee intentionally require any other officer oremployee to perform any prohibited political activity: 1) as part of that officer's oremployee's duties, 2) as a condition of employment, or 3) during anycompensated time off (such as holidays, vacation or personal time off).

C. No officer or employee shall be required at any time to participate in anyprohibited political activity in consideration for that officer or employee beingawarded additional compensation or any benefit, whether in the form of a salaryadjustment, bonus, compensatory time off, continued employment or otherwise,nor shall any officer or employee be awarded additional compensation or anybenefit in consideration for his or her participation in any prohibited politicalactivity.

D. Nothing in this section prohibits activities that are permissible for an officer oremployee to engage in as part of his or her official duties, or activities that areundertaken by an officer or employee on a voluntary basis which are notprohibited by this chapter.

E. No person either: 1) in a position that is subject to recognized merit principles of

public employment or 2) in a position the salary for which is paid in whole or inpart by federal funds and that is subject to the federal standards for a meritsystem of personnel administration applicable to grant in aid programs, shall bedenied or deprived of employment or tenure solely because he or she is amember or an officer of a political committee, of a political party, or of a politicalorganization or club.

1-13-3 GIFT BAN

A. Solicitation And Acceptance Of Gifts: Except as permitted by this section, noofficer or employee, and no spouse of or immediate family member living withany officer or employee (collectively referred to herein as "recipients"), shall

intentionally solicit or accept any gift from any "prohibited source", as definedherein, or which is otherwise prohibited by law or ordinance. No prohibitedsource shall intentionally offer or make a gift that violates this section.

B. Exceptions: Subsection A of this section is not applicable to the following:

1. Opportunities, Benefits And Services: Opportunities, benefits, andservices that are available on the same conditions as for the generalpublic.


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2. Fair Market Value: Anything for which the officer or employee, or his orher spouse or immediate family member, pays the fair market value.

3. Fundraising: Any: a) contribution that is lawfully made under the electioncode or b) activities associated with a fundraising event in support of apolitical organization or candidate.

4. Education: Educational materials and missions.

5. Travel Expenses: Travel expenses for a meeting to discuss business.

6. Gifts From Relatives: A gift from a relative, meaning those people relatedto the individual 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, orgrandmother of the individual's spouse and the individual's fiance orfiancee.

7. Gifts Of Friendship: Anything provided by an individual on the basis of apersonal friendship unless the recipient has reason to believe that, underthe circumstances, the gift was provided because of the official position oremployment of the recipient or his or her spouse or immediate familymember and not because of the personal friendship. In determiningwhether a gift is provided on the basis of personal friendship, the recipientshall consider the circumstances under which the gift was offered, suchas: a) the history of the relationship between the individual giving the giftand the recipient of the gift, including any previous exchange of giftsbetween those individuals; b) whether to the actual knowledge of therecipient the individual who gave the gift personally paid for the gift orsought a tax deduction or business reimbursement for the gift; and c)whether to the actual knowledge of the recipient the individual who gavethe gift also at the same time gave the same or similar gifts to otherofficers or employees, or their spouses or immediate family members.

8. Food: Food or refreshments not exceeding seventy five dollars ($75.00)per person in value on a single calendar day; provided that the food orrefreshments are: a) consumed on the premises from which they werepurchased or prepared or b) catered. For the purposes of this section,

"catered" means food or refreshments that are purchased ready toconsume which are delivered by any means.

9. Benefits From Outside Business Activities: Food, refreshments, lodging,transportation, and other benefits resulting from outside business oremployment activities (or outside activities that are not connected to theofficial duties of an officer or employee), if the benefits hav