HomeMy WebLinkAboutORDINANCES-1986-017-O-862/4/86
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AN CRDINANCE
An Ordinance Amending Certain Sections of
the City of Evanston's Long Term Care Ordinance,
Title 8, Chapter 15 of the Evanston City Code
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Section 8-15-3-2(A)6 of Title
8, Chapter 15 of the City Code of the
City of Evanston, 1979, as amended, pertaining to protection of
residents' funds, be further amended as follows:
8-15-3-2(A)6: Shall keep any funds received from a
resident for safekeeping in an account separate from the
facility's funds for any purpose other.than to return the
funds to the resident upon the request of the resident or
any other person entitled to make such request, to pay the
resident his allowance, or to make any other payment
authorized by the resident or any other person entitled to
make such authorization.
SECTION 2: That Section 8-15-3-2(C) of Title
8, Chapter 15 of the City Code of the
City of Evanston, 1979, as amended, pertaining to protection of.
• residents' advisory councils, be further amended as follows:
(C) Each facility shall establish a residents' advisory
council. The administrator shall designate a member
of the facility staff to coordinate the establishment
of the council. After consultation with the council,
the administrator shall designate a member of the
facility staff to provide ongoing assistance to the
council.
1. The composition of residents' advisory councils
shall adhere to State standards for resident members.
In addition, resident advisory councils in facilities
that have more than seventy.five percent (75%)
intermediate or skilled care residents shall have at
least two (2) nonresident members. Nonresident
members shall not have a financial interest in the
facility. If resident members are unsuccessful in
finding acceptable nonresident members, the resident
council shall inform the Director. The Director
shall notify the Evanston Commission on P.ging or the
Evanston Mental Health Board who shall offer
assistance to the resident council in finding
acceptable nonresident members. The Director may
grant an exception to the requirements for.
nonresident members only with the approval of the
Evanston Commission on Aging. Such exception shall
• be valid for a period not to exceed one year. -
2. The council shall meet at least once each month
with the staff coordinator who shall provide
assistance to the council in preparing and
disseminating a report of each meeting to all
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residents, the administrator and the staff.
3. Notice of all council meetings shall be posted in
the facility.
4. Records of the council meetings will be
maintained in the office of the administrator for
public inspection.
• 5. The residents' advisory council may communicate
to the administrator the opinions and concerns of the
residents. The council shall review procedures for
implementing resident rights, facility
responsibilities and make recommendations for changes
or additions which will strengthen the facility's
policies and procedures as they affect residents'
rights and facility responsibilities.
6. The council shall be a forum for
a. Obtaining and disseminating information;
b. Soliciting and adopting recommendations for
facility programming and improvements; and
C. Early identification and for recommending
orderly resolution of problems.
7. The council may present complaints as provided in
Section 8-15-4-6 on behalf of a resident to the
Department, the Illinois Department of Public Health,
the State Long Term Care Facility Advisory Board or
to any other person it considers appropriate.
SECTION 3: That Section 8-15-6-1 of Title 8,
• Chapter 15 of the City Code of the City
of Evanston, 1979, as amended, pertaining to hearing
procedures, be further amended as follows:
8-15-6-1: HEARING PROCEDURES: Any person requesting
a hearing pursuant to Sections 8-15-2-10,
8-15-2-11, 8-15-3-2(F), 8-15-4-11, 8-15-5-1, 8-15-5-3,
8-15-5-9, or 8-15-6, to contest a decision rendered in a
particular case may have such decision reviewed in
accordance with Section 8-15-6. (Ord. 79-0-85)
(A) A request for a hearing shall be made in writing to
the Director and shall include the proper mailing
address of the grievant.
(B) The City Manager shall designate a person to serve as
Hearing Officer to conduct a hearing to review the
decision. After notice of hearing under this
Section, the Hearing Officer shall not communicate,
directly orindirectly, in connection with.any issue
of fact in that case or hearing with any person or
party except upon notice and opportunity for all
parties to participate. However, the Hearing Officer
may have the aid and advice of one or,more personal
• assistants.
(C) At least ten (10) days prior to the hearing, the
Director shall send notice of the hearing to the
person requesting the hearing. The notice shall
specify the date, time and place of the hearing and
the decision being reviewed. The notice to the
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grievant shall be sent to the address set forth in
the request for hearing by certified mail, return
receipt requested, or by personal service.
(D) The hearing shall commence no later than thirty (30)
days after the receipt by the Director of a request
for hearing and shall end no later than ninety (90)
days after the commencement unless justice requires
otherwise.
(E) The Hearing Officer may compel by subpoena or
subpoena duces tecum the attendance and testimony of
witnesses and the production of books and papers, and
administer oaths to witnesses.
(F) The Hearing Officer shall permit the grievant to
appear in person and to be represented by counsel at
the hearing at which time the applicant or licensee
shall be afforded an opportunity to present all
relevant matter in support of his position. In the
event of the inability of either the applicant,
licensee or the Department to procure the attendance
of witnesses to give testimony or produce books and
papers, either the applicant, licensee or the
Department may take the deposition of witnesses in
accordance with the provisions of the laws of this
State. All testimony taken at a hearing shall be
recorded and all such testimony and other evidence
introduced at the hearing shall be a part of the
record of the hearing.
(G) The Hearing Officer shall not be bound by common law
or statutory rules of evidence, or by technical or
formal rules of procedure, but shall conduct hearings
in the manner best calculated to result in
substantial justice.
• (H) All subpoenas issued by the Hearing Officer may be
served as provided for in civil actions. The fees of
witnesses for attendance and travel shall be the same
as the fees for witnesses before the circuit court
and shall be paid by the party at whose request the
subpoena is issued. If such subpoena is issued at
the request of the Department or by a person
.proceeding in forma pauperis, the witness fees shall
be paid by the Department as an administrative
expense.
(I) In case of refusal of a witness to attend or testify
or to produce books or papers concerning any matter
upon which he might be lawfully examined, the circuit
court of the country wherein the hearing is held,
upon application of any party to the proceeding, may
compel obedience by a proceeding for contempt as in
cases of a like. refusal to obey a similar order of
the court.
(J) The Department at its expense, shall record the
testimony and preserve a record of all proceedings
under this Section. The notice of hearing, the
complaint and all other documents in the nature of
pleadings and written motions filed in the
proceedings, the transcript of testimony, and the
• findings and decision shall be the record of the
proceedings. The Department shall furnish a
transcript of such record to any person interested in
such record upon payment as determined by the
Department.
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SECTION 4: All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION 5: This ordinance shall be in full force
and effect from and after its passage,
approval, and publication in the manner provided by law.
Introduce(
Adopted:
1986.
(� 1986.
ATTEST:
City Clerk
Approved s to fo
rporatib� Counsel
Appr ved: 1986.
Mayor