HomeMy WebLinkAboutOrdinance #4339 - Amending Title 1, Chapter 6 (City Council) of the Canton Municipal CodeORDINANCE NC Y339
AN ORDINANCE AMENDING TITLE 1, CHAPTER 6 (CITY COUNCIL)
OF THE CANTON MUNICIPAL CODE
WHEREAS, the City of Canton, Fulton County, Illinois (the "City") is an Illinois non -
home rule municipal corporation, established in accordance with the constitution of the State of
Illinois of 1970;
WHEREAS, Title 1, Chapter 6 of the Canton Municipal Code (the "Code") contains
provisions related to the administration of the City Council and various standing committees; and
WHEREAS, many provisions related to the administration of the City Council are
outdated and need to be updated; and
WHEREAS, provisions related to the standing committees do not currently conform to
the City Council's needs and thus must be updated to sufficiently facilitate actions related to public
business; and
WHEREAS, the City Council of the City of Canton has determingd that it is necessary
and in the best interest of the City to amend and update Title 1, Chapter 6 of the Code to revise the
provisions related to the administration of the City Council and various standing committees.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CANTON, FULTON COUNTY, ILLINOIS AS FOLLOWS:
Section 1. The City of Canton hereby finds as fact the recitals set forth above and are incorporated
herein as though fully set forth;
Section 2. That Title 1, Chapter 6 of the Code is hereby deleted in its entirety and replaced as
follows:
"1-6-1: COMPOSITION; FILLING VACANCY:
The city council shall consist of the mayor and aldermen. It shall sit with open doors; it
shall keep a journal of its proceedings; it shall be the judge of the election and qualifications
of its own members; and in case any vacancy shall occur in the office of alderman by death,
resignation, removal or any other cause, such vacancy shall be filled pursuant �o Illinois
law.
l-&2: ALDERMEN QUALIFICATIONS:
No person shall be eligible to the office of alderman:
(A) Unless he is a qualified elector of the municipality and has resided therein at
least one year next preceding his election or appointment; or
(B) Unless he resides within the ward for which he is elected; or
(C) If he is in arrears in the payment of any tax or other indebtedness due to the
city; or
(D) If he has been convicted in Illinois state courts or in courts of the United States
of malfeasance in office, bribery, or other infamous crime; or
(E) If such person is otherwise disqualified by Illinois law.
No alderman shall be eligible to any office, except that of acting mayor or mayor pro tem,
the salary of which is payable out of the city treasury, if at the time of his appointment he
is a member of the city council.
1-6-3: REGULAR MEETINGS:
Unless otherwise provided by proper notice, the regular meetings of the council shall be
held at the Historic Depot — Donald E. Edwards Way, 50 North 4t' Avenue, Canton, Illinois
61520 on the first and third Tuesday of each and every month at six thirty o'clock (6:30)
P.M. Adjourned meetings may be held for the purpose of completing the unfinished
business of the regular meeting at such time or times as may be determined by the council.
Pursuant to the Illinois Open Meetings Act, no meeting required to be a public meeting
shall be held on a legal (public) holiday unless the regular meeting day falls on that holiday.
Should the regular meeting fall on a public holiday such regular meeting may, at the
discretion of the city council, be held on the following day at the stated time. Additionally,
should a regular meeting fall on an election day the meeting shall, if required by state law,
be held on the following day at the stated time.
1-6-4: SPECIAL MEETINGS:
Special meetings of the council may be called by the mayor or any three (3) aldermen,
whenever in their discretion they may deem it necessary, in which event such meeting shall
be called in the following manner: The mayor or three (3) aldermen, as the case may be,
shall file in the city clerk's office a statement in writing setting forth the object and purpose
of such special meeting and directing the clerk to give notice of the same to the public in
accordance with the Illinois Open Meetings Act. Further, upon the filing of such statement,
the city clerk shall cause to be served personally upon each member of the council, or leave
at his usual place of business, a notice of such special meeting, setting forth the object and
purpose thereof and the time of holding the same. No business other than that mentioned
in the call shall be transacted at such special meeting.
1-6-5: MEETINGS TO BE PUBLIC:
All meetings of the council and committees, shall be public meetings, except where
otherwise provided by the Illinois Open Meetings Act.
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1-&6: PUBLIC NOTICE OF MEETINGS; AGENDA:
The city shall give public notice of the schedule of regular meetings at the beginning of
each calendar or fiscal year and shall state the regular dates, times, and places of such
meetings.
An agenda for each regular meeting shall be posted at city hall and at the Historic Depot —
Donald E. Edwards Way, 50 North 4h Avenue, Canton, Illinois 61520, which is where the
city's meetings are held, at least 48 hours in advance of the holding of the meeting. The
city shall also post on its website the agenda of any regular meetings. Any agenda of a
regular meeting that is posted on the city's website shall remain posted on the website until
the regular meeting is concluded. The requirement of a regular meeting agenda shall not
preclude the consideration of items not specifically set forth in the agenda.
Public notice of any special meeting except a meeting held in the event of a bona fide
emergency, or of any rescheduled regular meeting, or of any reconvened meeting, shall be
given at least 48 hours before such meeting, which notice shall also include the agenda for
the special, rescheduled, or reconvened meeting, but the validity of any action taken by the
city which is germane to a subject on the agenda shall not be affected by other errors or
omissions in the agenda. The requirement of public notice of reconvened meetings does
not apply to any case where the meeting was open to the public and (1) it is to be
reconvened within 24 hours, or (2) an announcement of the time and place of the
reconvened meeting was made at the original meeting and there is no change in the agenda.
Notice of an emergency meeting shall be given as soon as practicable, but in any event
prior to the holding of such meeting, to any news medium which has filed an annual request
for notice with the city clerk in accordance with the Illinois Open Meetings Act.
Public notice shall be given by posting a copy of the notice at city hall and at the Historic
Depot — Donald E. Edwards Way, 50 North 4h Avenue, Canton, Illinois 61520, which is
where the city's meetings are held. In addition, the city shall post notice on its website of
all meetings of the council and the standing committees. Any notice of an annual schedule
of meetings shall remain on the website until a new public notice of the schedule of regular
meetings is approved. Any notice of a regular meeting that is posted on the city's website
shall remain posted on the website until the regular meeting is concluded. The city shall
supply copies of the notice of its regular meetings, and of the notice of any special,
emergency, rescheduled or reconvened meeting, to any news medium that has filed an
annual request for such notice. Any such news medium shall also be given the same notice
of all special, emergency, rescheduled or reconvened meetings in the same manner as is
given to members of the body provided such news medium has given the city clerk an
address or telephone number within the territorial jurisdiction of the city at which such
notice may be given. The failure of the city to post on its website notice of any meeting or
the agenda of any meeting shall not invalidate any meeting or any actions taken at a
meeting.
Any agenda shall set forth the general subject matter of any resolution or ordinance that
will be the subject of final action at the meeting. The city, in conducting a public meeting,
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shall ensure that at least one copy of any requested notice and agenda for the meeting is
continuously available for public review during the entire 48-hour period preceding the
meeting. Posting of the notice and agenda on the city's website satisfies this requirement.
If a notice or agenda is not continuously available for the full 48-hour period due to actions
outside of the control of the public body, then that lack of availability does not invalidate
any meeting or action taken at a meeting.
The council and the committees, as applicable, must, at the beginning of each calendar or
fiscal year, prepare and make available a schedule of all regular meetings for such calendar
or fiscal year, listing the times and places of such meetings.
If a change is made in regular meeting dates, at least 10 days' notice of such change shall
be given by publication in a newspaper of general circulation in the city in which such body
functions. Notice of such change shall also be posted at city hall and at the Historic Depot
— Donald E. Edwards Way, 50 North 4h Avenue, Canton, Illinois 61520, which is where
the city's meetings are held. Notice of such change shall also be supplied to those news
media which have filed an annual request for notice.
1-6-7: MAYOR PRO TEM; TEMPORARY CHAIRMAN:
If the mayor is temporarily absent because of an incapacity to perform official duties, but
the incapacity does not create a vacancy in the office, the corporate authorities shall elect
one of their members to act as mayor pro tem. The mayor pro tem, during this absence or
disability, shall perform the duties and possess all the rights and powers of the mayor but
shall not be entitled to vote both as mayor pro tem and as alderman.
In the absence of the mayor, acting mayor, or mayor pro tem, the corporate authorities may
elect one of their members to act as a temporary chairman. The temporary chairman shall
have only the powers of a presiding officer and a right to vote only in the capacity as
alderman on any ordinance, resolution, or motion.
1-6-8: APPOINTMENT OF STANDING, ADVISORY COMMITTEES:
The standing, advisory committees of the city council shall be appointed by the mayor with
the advice and consent of the aldermen. At the first regular meeting of the council in May
of each year, or as soon thereafter as possible, the mayor will appoint the following
standing committees of the city council:
• Public Safety and Legal Committee;
• Regulatory and Policy Committee;
• Community and Economic Development Committee;
• Public Works Committee;
• Finance Committee;
• IT and Cybersecurity Committee;
• Labor and Employment Committee; and
• Property Committee.
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The mayor shall also appoint the chair of the foregoing committees.
The mayor, with the consent of the aldermen, may establish any other standing, advisory
committee as he deems appropriate. The mayor shall appoint the chair of such additional
advisory committee. The chair of the committee shall be either the mayor or any other
elected official. Any other committee established hereunder may be comprised of any
number of individuals the mayor deems fit. Any individual appointed to a committee
hereunder need not be an elected official, so long as such individual meets the eligibility
requirements for an appointed official established by state law.
For purposes of other references in this Code or for purposes of any collective bargaining
agreement, the following committee references shall refer to the above standing
committees as follows:
"Committee on finance" shall mean the Finance Committee.
"Committee on streets and garbage" shall mean the Public Works Committee.
"Committee on public works, water and sewer" shall mean the Public Works
Committee.
"Committee on legal and ordinance" shall mean the Public Safety and Legal
Committee.
"Committee on community and industrial development" shall mean the
Community and Economic Development Committee.
"Committee on public safety and traffic" shall mean the Public Safety and Legal
Committee.
"Committee on lake, buildings and grounds" shall mean the Property Committee.
"Committee on negotiation, grievance and personnel" shall mean the Labor and
Employment Committee.
l-&9: GENERAL DUTIES OF STANDING COMMITTEES:
The standing committees shall meet on an ad hoc basis. Further, it shall be the duty of the
standing committees of the city council to keep a close watch of the affairs of their
respective departments of the city government. They shall have general supervision over
all works and things ordered to be made or done by the city council, in their respective
departments. Each committee shall promptly and thoroughly investigate all matters which
may be referred to it, and do and perform all other duties, as the city council may from time
to time prescribe by resolution, motion, ordinance or otherwise. Each committee shall keep
minutes and records of all of its meetings, as required by the Illinois Open Meetings Act.
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A written report and a copy of the minutes of each committee meeting shall be made
available to the city council at the council meeting immediately following each committee
meeting.
Not every matter falling within the scope of a committee needs to be discussed/addressed
at a committee meeting, and may be brought forward to the city council at the outset. Any
standing committees established hereunder this Chapter shall be advisory in nature only,
unless otherwise provided in this Code or required by Illinois law. The standing committees
may make recommendations to the city council as the committee deems fit; however, the
city council has the ultimate final decision on a matter and may disregard the committee's
recommendations in their entirety. In addition to the above enumerated general duties, the
several committees above mentioned, and any other committees established by the mayor,
shall particularly be charged with the duties prescribed in the following section.
1-010 : SPECIFIC DUTIES OF COMMITTEES:
Subject to the limitations established by Illinois law, the special duties of the committees
established hereunder shall be as prescribed by the mayor with the advice and consent of
the aldermen.
1-6-11: RESERVED:
1-6-12: QUORUM:
A majority of the corporate authorities, which includes the aldermen and the mayor, shall
constitute a quorum to do business at a council meeting. A majority of the aldermen, mayor,
or other individuals assigned to a committee shall constitute a quorum to do business at a
committee meeting. A smaller number, however, may adjourn from time to time and may
compel the attendance of absentees under penalties (including a fine for a failure to attend)
prescribed by the council herein.
1-6-13: COMPELLING ATTENDANCE OF MEMBERS; EXPULSION:
In case of the want of a quorum at any time of the council or standing committee, in case
a majority of the members present desire, the mayor, or presiding officer, shall direct the
chief of police, or any police officer, to go out and arrest and bring in any and all absent
members who can be found in the city, and are not unable through sickness to attend; and
any member who purposely absents himself from the city in order to avoid attending any
meeting of the council or standing committee, or being in the city, conceals himself from
such officer, or refuses to be brought in when found, shall be deemed guilty of disorderly
conduct, and be subject to a fine of twenty five dollars ($25.00).
With the concurrence of two-thirds (2/3) of the aldermen then holding office, it may expel
an aldermen from a meeting, but not a second time for the same incident.
i-6-14: RESERVED:
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i-6-15: VOTE REQUIRED, YEAS AND NAYS; CONSENT AGENDA:
The passage of all ordinances for whatever purpose, and of any resolution or motion (i) to
create any liability against the city or (ii) for the expenditure or appropriation of its money
shall require the concurrence of a majority of all members then holding office on the city
council, including the mayor, unless otherwise expressly provided by other applicable law
governing the passage of any ordinance, resolution, or motion. Where the council consists
of an odd number of aldermen, however, the vote of the majority of the aldermen shall be
sufficient to pass an ordinance. The passage of an ordinance, resolution, or motion to sell
any school property shall require the concurrence of three-fourths (3/4) of all aldermen
then holding office. The yeas and nays shall be taken upon the question of the passage of
the designated ordinances, resolutions, or motions and recorded in the journal of the city
council. In addition, the corporate authorities, which are the aldermen and mayor, at any
meeting may by unanimous consent take a single vote by yeas and nays on the several
questions of the passage of any 2 or more of the designated ordinances, orders, resolutions,
or motions placed together for voting purposes in a single group. The single vote shall be
entered separately in the journal under the designation "omnibus vote," and in that event
the clerk may enter the words 'omnibus vote" or "consent agenda" in the journal in each
case instead of entering the names of the members of city council voting "yea" and those
voting "nay" on the passage of each of the designated ordinances, orders, resolutions, and
motions included in the omnibus group or consent agenda. The taking of a single or
omnibus vote and the entries of the words "omnibus vote" or "consent agenda" in the
journal shall be a sufficient compliance with the requirements of this section to all intents
and purposes and with like effect as if the vote in each case had been taken separately by
yeas and nays on the question of the passage of each ordinance, order, resolution, and
motion included in the omnibus group and separately recorded in the journal. Likewise,
the yeas and nays shall be taken upon the question of the passage of any other resolution
or motion at the request of any aldermen and shall be recorded in the journal.
The mayor shall preside at all meetings of the city council. The mayor shall not vote on
any ordinance, resolution, or motion except the following: (i) where the vote of the
alderpersons has resulted in a tie; (ii) where one-half of the alderpersons elected have voted
in favor of an ordinance, resolution, or motion even though there is no tie vote; or (iii)
where a vote greater than a majority of the corporate authorities is required by this Code or
an ordinance to adopt an ordinance, resolution, or motion. Nothing in this Section shall
deprive an acting mayor or mayor pro tem from voting in the capacity as alderperson, but
he or she shall not be entitled to another vote in the capacity as acting mayor or mayor pro
tem.
1-6-16: ORDINANCES; APPROVAL; VETO; RECONSIDERATION; PASSAGE
OVER VETO:
All resolutions and motions (i) that create any liability against a city, (ii) that provide for
the expenditure or appropriation of its money, or (iii) to sell any city or school property,
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and all ordinances, passed by the city council shall be deposited with the city clerk. Except
as provided in Articles 4 and 5 of this Code, l if the mayor approves an ordinance or
resolution, the mayor shall sign it. Those ordinances, resolutions, and motions which the
mayor disapproves shall be returned to the city council, with the mayor's written objections,
at the next regular meeting of the city council occurring not less than 5 days after their
passage. The mayor may disapprove of any one or more sums appropriated in any
ordinance, resolution, or motion making an appropriation, and, if so, the remainder shall
be effective. However, the mayor may disapprove entirely of an ordinance, resolution, or
motion making an appropriation. If the mayor fails to return any ordinance or any specified
resolution or motion with his written objections within the designated time, it shall become
effective despite the absence of the mayor's signature.
Every resolution and motion (i) that create any liability against a city, (ii) that provide for
the expenditure or appropriation of its money, or (iii) to sell any city or school property,
and every ordinance, that is returned to the city council by the mayor shall be reconsidered
by the city council at the next regular meeting following the regular meeting at which the
city council receives the mayor's written objection. If, after reconsideration, two-thirds of
all the aldermen then holding office on the city council agree at that regular meeting to pass
an ordinance, resolution, or motion, notwithstanding the mayor's refusal to approve it, then
it shall be effective. The vote on the question of passage over the mayor's veto shall be by
yeas and nays and shall be recorded in the journal.
i-6-17: RECONSIDERATION, SPECIAL MEETINGS:
No vote of the city council shall be reconsidered or rescinded at a special meeting unless
there are present at the special meeting at least as many aldermen as were present when the
vote was taken.
i-6-18: ATTACH DOCUMENTS TO REPORTS
Every committee, in reporting upon any subject referred to it, shall attach to their report all
papers or documents in the possession of the committee, relative to the matters so referred.
1-6-19: COMMITTEE REPORTS DEFERRED:
Upon the request of any two (2) aldermen present, any report of a committee of the council
shall be deferred for final action to the next regular meeting of the council after the report
is made.
1-6-20: MUNICIPAL YEAR; FISCAL YEAR
The municipal year of the city shall each commence on the first Tuesday in May in each
year.
The fiscal year of the city shall each commence on the first day of May in each year.
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1-6-21: RULES, ORDER OF BUSINESS:
Pursuant to Illinois law, the city council shall determine its own rules of proceeding and
punish its members for disorderly conduct. The council shall adopt separately by resolution
or ordinance such rules of order and procedure, conduct of business, and order of business
as it may deem suitable, which said rules shall not be repealed or changed except by a vote
of two-thirds 0/3) of the council, and shall only be suspended by consent of two-thirds (2/3)
of the members present at any meeting. As applicable, the standing committees shall abide
by the council's rules of order and conduct of business.
To the extent not covered herein or by the council's rules, "Robert's Rules of Order," as
amended from time to time, is hereby adopted and shall be the law governing the
deliberations of the council and the committees.
1-6-22: DEPARTMENT HEADS TO ATTEND MEETINGS:
The city attorney, director of public works, police chief, fire chief and community
development director shall attend all regular meetings of the council unless excused by the
mayor.
The city attorney, director of public works, police chief, fire chief, community
development director, or any other department head or city employee shall attend all other
meetings of the council or standing committees as requested by the mayor or the committee
chair, as applicable.
1-6-23: PUBLIC COMMENT RULES:
Pursuant to the city rule-making authority set forth in the Illinois Open Meetings Act, the
rules governing public comment at all City Council meetings of the Mayor and City Council
and for any and all boards, commissions, and/or committees of the city shall be as follows:
(A) A public comment period not to exceed forty-five (45) minutes will be held during
every open meeting of the City Council and every open meeting of City
committees/commissions/boards on topics that are relevant/germane to the applicable
meeting agenda. The right to public comment does not apply to closed
meetings/executive sessions.
(B) Anyone desiring to address the City Council or a City committee/commission/board
must complete the public comment registration form available in the City Clerk's
office or on the City Clerk's website and return it to the City Clerk or his/her designees
as set forth on the form, at least forty-eight (48) hours prior to the start of the meeting
at which the person desires to speak. However, for purposes of regular meetings, the
public comment registration form shall be delivered to the City Clerk no later than
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12:00 p.m. on the Friday preceding the regular meeting of the City Council that the
person desires to speak.
(C) On the public comment registration form, the person must include their name, the date
of the meeting and the agenda item on which the person wishes to speak. A person
may only submit a public comment registration form on their own behalf, or for a
group on whose behalf the person has been designated by a group to speak, in which
case, the name of the group must be provided on the public comment registration form.
(D) Public comment shall be permitted by the presiding officer only during the designated
public comment period specified on the agenda, which may be amended according to
law, unless otherwise permitted by the City Council and presiding officer.
(E) The presiding officer shall recognize registered speakers in the order in which they
submitted their completed public comment registration form to the City Clerk or
his/her designee, except in situations where numerous persons wish to speak on a
single agenda item. A person who has not timely submitted a completed public
comment registration form to the City Clerk or his/her designee shall not be permitted
to speak at the meeting, except upon motion approved by a majority of the City Council
or City committee/commission/board.
(F) Public comment is limited to a total of five (5) minutes per registered speaker. A
registered speaker cannot give their allotted minutes to another person.
(G) Public comments must be directed by registered speakers to the City Council or City
committee/commission/board as a whole, and not to an individual member of the City
Council or City committee/commission/board, or to City employees or officials. The
public comment period is not intended to require members of the City Council or City
committee/commission/board, or City employees, to provide responses to registered
speakers. Discussions between registered speakers and members of the audience shall
not be permitted.
(H) After a registered speaker has made their public comments, or their allotted time for
public comment has expired, they shall be seated with no further debate, dialogue or
comment.
(I) All comments must be civil and respectful in nature. Any registered speaker who
makes defamatory, obscene, discriminatory, threatening or abusive comments, or who
engages in threatening, abusive or disorderly behavior when addressing the City
Council or a City committee/commission/board may be deemed out -of -order by the
presiding officer, and the speaker's opportunity for public comment at that meeting
may be terminated.
(J) If numerous persons which to speak on a single agenda item, the presiding officer may
recognize a specific number of registered speakers to make comments regarding the
matter. Any registered person who is not able to address the City Council or City
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committee/commission/board for this reason or due to the expiration of the time
allotted for the public comment period, will be encouraged to attend a subsequent
meeting to address the City Council or City committee/commission/board, and/or to
provide written comments."
Section 3. Any prior actions of the City Council and the standing committees existing prior to the
date of this Ordinance are hereby ratified and confirmed.
Section 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed
insofar as they are in conflict with this ordinance.
Section 5. If any provision of this ordinance is adjudged invalid, such adjudication shall not affect
the validity of the ordinance as a whole or of any portion not adjudged invalid.
Section 6. This ordinance shall be in full force and effect immediately upon its passage and
approval due to the urgency of implementing the new committees for the new municipal year,
upon a vote of 2/3 of corporate authorities then holding office. Otherwise, this ordinance shall
become effective upon its passage and approval, with the exception of Sections 1-6-13 and 1-6-
21, which shall become effective upon passage, approval, and publication of this Ordinance
pursuant to Illinois law.
PASSED AND APPROVED THIS 2nd day of May, 2023.
AYES: e/ 4m6eK1,`k1, k)c.tso A), C oye re, Gz;kh ►,,, ,coq-�� . %2e" r- , 6 i fe,16Strff=, 4.55e -rt -
NAYS: 416,UC
ABSENT: _ A16wC
ATTEST:
J. Seith-Walters, City Clerk
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APPRO ED:
By: , /4J A tO
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