Title
Agenda Management and Engagement of Legal Services - Discussion Only Item
History
Summary
At the October 21, 2019 Village Board meeting, a Village Trustee requested that a matter be placed on the next agenda regarding agenda management as well as who can authorize the engagement of legal services utilizing Village funds.
To address agenda management and legal engagement concerns, the following provisions can be incorporated into the Village Code.
(1) Board of Trustees Agenda Initiatives - Board of Trustee initiatives could be placed on the Board agenda after a Trustee completes an Agenda Initiative form. Village/Legal staff time would be restricted until after at least three Trustees vote to move it forward.
(2) Previously Deliberated Items - Items previously defeated by the Board of Trustees would not be able to be placed on a Board of Trustees Agenda for a period of one (1) year.
a. Committee Agenda Initiatives - In cases where there is disagreement as to whether an item placed on a committee agenda is pertinent to that particular committee, the committee chairperson or any committee member may object. Objection will be forwarded to the Village President who will: 1) affirm that the matter can be deliberated at said committee, 2) transfer the matter to a more relevant committee, or 3) refer the matter as a Board of Trustees Agenda Initiative request.
b. The above Committee Agenda Initiative process is based on maintaining the current Village Committee structure. As an alternative, the Village Board may opt to replace the current committee structure with a Committee of the Whole process.
Background
Although there are no specific provisions in the Illinois Municipal Code or the Open Meetings Act that address who is responsible for setting meeting agendas, the Illinois Municipal Code does state the Village Board shall “determine its own rules of proceeding.” See 65 ILCS 5/3.1-40-15. While there are many policy implications for the Village Board to consider when addressing how the agenda is set and any related agenda management issues, it is ultimately up to the Village Board to determine how the agendas are set for its meetings. A few samples of how other communities codify this process are attached.
Currently, the Orland Park Village Code indicates that:
“The Village Clerk shall prepare an agenda for each meeting. The Village President, any Village Trustee or the Village Manager may direct the Village Clerk to place an item on the agenda for all regular meetings of the Board of Trustees for consideration if the request is timely made and shall communicate with the office of the Village Clerk not later than twelve o'clock (12:00) noon on the Friday preceding said regular meeting indicating what business is to be placed on the agenda.”
To address agenda management concerns, the following provisions can be incorporated into the Village Code.
(i) Board of Trustees Agenda Initiatives
An “Agenda Initiative” process would provide that any individual Trustee could get an “Initiative” on the Board of Trustees agenda by filling out a simple form (see attached sample form). Village/Legal staff time would be restricted until after at least three Trustees vote to move it forward at a Board of Trustees meeting.
Agenda Initiatives would include (1) the expenditure of money not within the Village budget; (2) modifications to the Village Code; (3) formation/modification of Village policies; (4) the introduction of an ordinance or resolution; (5) the formation/modification of committees; and/or (6) the appropriation of Village/Legal staff time. At each Board of Trustees meeting, a portion of the meeting would be dedicated for the consideration of any Agenda Initiatives that have been filed.
(ii) Previously Deliberated Items
A provision similar to the language below could be incorporated for the placement of items on a Board of Trustees or Committee agenda that have been previously defeated.
“No item shall be placed on the regular meeting agenda which, in the opinion of the Village Attorney, is substantially similar to an item or concerns subject matter which is the same as an item that was previously defeated by the Board of Trustees or Committee respectfully, for a period of one (1) year after the item was defeated unless:
(1) The rules are suspended as provided for herein; or
(2) A matter is moved to be reconsidered in accordance with the rules.”
(iii) Committee Agenda Initiatives
Currently, a committee chairperson and any committee member or the Village Manager may direct the Village Clerk to place an item on the agenda for all committee meetings. In cases where there is disagreement as to whether an item placed on a committee agenda is pertinent to that particular committee, the committee chairperson or any committee member may object. Objection will be forwarded to the Village President who will: 1) affirm that the matter can be deliberated at said committee, 2) transfer the matter to a more relevant committee, or 3) refer the matter as a Board of Trustees Agenda Initiative request.
The above Committee Agenda Initiative process is based on maintaining the current Village Committee structure. As an alternative, the Village Board may opt to replace the current committee structure with a Committee of the Whole process. As the Village Board may be aware, previously the Village of Orland Park Board of Trustees operated under a Committee of the Whole structure. If the Village Board were to revert to a Committee of the Whole structure, the following would replace the current Committee section of the Village Code.
“One hour prior to each regularly scheduled Board of Trustees meeting, the Village Board shall meet as a Committee of the Whole unless there are no items for the Committee of the Whole to consider. The agenda for such meeting shall be prepared by the Village Manager in consultation with the Village President. A portion of the meeting shall be dedicated to previewing upcoming non-routine agenda items, including a standing item for the consideration of Agenda Initiatives. A time for public comment shall be conducted. No final action, beyond action setting future agenda items and/or Agenda Initiatives, may be taken at a meeting of a Committee of the Whole unless it has been called as a Special Meeting. For purposes of this section, a non-routine agenda item shall include: (1) the expenditure of money over $250,000; (2) development agreements; (3) amending the City Code; and/or (4) the implementation or modification of policies. The failure to preview a non-routine agenda item at a Committee of the Whole shall not prohibit its consideration and/or action at a future meeting.”
Next Steps
Section 1-5-7-11: AMENDMENT, REPEAL OR SUSPENSION OF RULES of the Village Code allows for the Village Board to amend or repeal its own rules; provided, however, that written notice of such amendments or motions for repeal shall have been presented to the Board of Trustees at a prior meeting of the Board of Trustees. If there is consensus for the Board of Trustees to proceed with any of the above mentioned changes, Village staff will work with legal staff to draft the corresponding ordinance changes and place the matter on the November 18, 2019 Board of Trustees meeting agenda. It would be at the November 18, 2019 meeting that the Board of Trustees would vote on the ordinance changes. This will satisfy the prior notice requirements of the Village Code.
Financial Impact
None
Recommended Action/Motion
Discussion Only