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HomeMy WebLinkAboutOrdinance 45-O-26, Amending Title 1, Chapter 5, _City Council_ and Title 1, Chapter 6, _Mayor_ (1) (1) 05/26/2026 45-O-26 AN ORDINANCE Amending Title 1, Chapter 5, “City Council” and Title 1, Chapter 6, “Mayor” WHEREAS, the Evanston City Council has its own internal City Council Rules and Organization of the City Council of Evanston (“City Council Rules”); and WHEREAS, the City Council has adopted a new comprehensive update to its previous City Council Rules; and WHEREAS, the new City Council Rules require conforming changes to the City Code to ensure that the Rules and the Code are aligned with each other and are additionally consistent with Illinois law; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1. Title 1, Chapter 5, Section 3, “Meetings of the Council” is hereby amended as follows: 1-5-3. Meetings of the Council. The meetings of the City Council shall be open to the public, and a journal of the Council's proceedings shall be kept. (A) Regular meetings. Regular meetings of the City Council shall be held three (3) two (2) times per month on such dates and at such times as approved by the City Council at the beginning of the calendar year, except for the months of August and December, when the Council shall convene one (1) time. Alterations to the approved calendar of meeting dates shall occur at the call of the chair and shall require Council action and proper public notice in accordance with the Open Meetings Act, 5 ILCS 120/1 et seq. (B) Special meetings. Special meetings may be held at any time upon proper public notice as specified in the Open Meetings Act on call of the Mayor, or by the call of Page 1 of 4 three (3) or more Aldermen. Such call for special meetings shall be in writing, duly signed by the callers, and shall be presented to the City Clerk, who shall prepare and issue notices of the same to the Mayor and all members of the Council at least twenty-four (24) hours before the meeting. Such notices shall describe in brief the nature of or object of the special meeting. At every special meeting the call for said meeting shall be read and afterwards filed by the Clerk and no business other than that proposed by the call shall be in order at such meeting. SECTION 2: Title 1, Chapter 5, Section 4, “Quorum,” is hereby amended as follows: 1-5-4. Quorum. A majority of the Aldermen elected to the City Council corporate authorities shall constitute a quorum to do business. However, a smaller number may adjourn from time to time, and may compel the attendance of absentees, under whatever penalties the Council may prescribe by ordinance, including a fine for a failure to attend. SECTION 3: Title 1, Chapter 5, Section 10, “Examination and Inspection of Books and Records,” is hereby amended as follows: 1-5-10. Examination and Inspection of Books and Records, An Alderman, at all times, may examine and inspect the books, records and papers of any agent, employee or officer of the City when such examination and inspection is reasonably necessary for the exercise of the Alderman's legislative function, and such books, records and papers are kept in the ordinary course of the duties of the agent, employee or officer. A Councilmember shall at all times have access to any and all records, documents, and information relative to any and all functions of the City government as allowed by law. SECTION 4: Title 1, Chapter 6, Section 3, “Mayor to Preside over City Council; Voting,” is hereby amended as follows: 1-6-3. Mayor to Preside over City Council; Voting. The Mayor shall preside at all meetings of the City Council. He/she shall not vote on any ordinance, resolution or motion, except: 1)Where the vote of the Aldermen has resulted in a tie; or 2) Where only exactly one-half of the Aldermen elected have voted in favor of an ordinance, resolution or motion even though there is no tie vote; and Page 2 of 4 45-O-26 3) Where a vote greater than a majority of the corporate authorities is required by statute to adopt an ordinance, resolution or motion. In the instances specified, the Mayor shall vote. Nothing in this Section shall deprive an Acting Mayor or Mayor Pro Tem from voting in his/her capacity as an Alderman, but he/she shall not be entitled to another vote in his/her capacity as Acting Mayor or Mayor Pro Tem as set forth in Section 1-5-5 of this Title. SECTION 5: Title 1, Chapter 6, Section 9, “Vacancy in Office,” is hereby amended as follows: 1-6-9. Vacancy in Office. (A) Acting Mayor. A vacancy occurs in the office of Mayor by reason of resignation, failure of one to be elected or to qualify, death, permanent physical or mental disability, conviction in any state court of a disqualifying crime as set out by Article 13 of the 1970 Illinois Constitution, abandonment of office, removal from office or by removal of his/her residence from the City. If a vacancy occurs in the office of Mayor and there remains an unexpired portion of the term, the office shall be filled in accordance with state law and pursuant to 65 ILCS 5/5-2-12(g) and 65 ILCS 5/3.1-10-50. of at least one (1) year, the vacancy shall be filled by a special election which shall be held within six (6) months after the vacancy occurs. Where state law requires the City Council to elect an Acting Mayor, it shall elect one (1) of its members by a simple majority vote of the members of Council then holding office. The Acting Mayor who shall perform the duties and possess all the rights and powers of the Mayor until a successor to fill the vacancy has been elected and has qualified. If the unexpired portion of the term is less than a year, the vacancy shall be filled by the City Council electing one (1) of its members Acting Mayor who shall perform the duties and possess all the rights and powers of the Mayor until a Mayor is elected at the next regular election and has qualified. When the unexpired portion of the term is less than a year, there shall be no special election. The Acting Mayor shall be paid the Mayor's salary for the period of time he/she shall serve as Acting Mayor. (B) Mayor Pro Tem. If a temporary absence or disability of the Mayor incapacitates him/her from the performance of his/her duties but does not create a vacancy in the office, the City Council shall elect one (1) of its members to act as Mayor Pro Tem. In the alternative, the City Council may provide for by adopted Resolution a schedule of designated Mayor Pro Tem appointments. The Mayor Pro Tem, during this absence or disability, shall perform the duties and possess all the rights and powers of the Mayor. No additional salary or compensation shall be paid the Mayor Pro Tem for acting as Mayor Pro Tem. SECTION 6: All ordinances or parts of ordinances in conflict herewith are Page 3 of 4 45-O-26 hereby repealed. SECTION 7: If any provision of this Ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. SECTION 8: This Ordinance shall be in full force and effect beginning upon passage. SECTION 9: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced: _________________, 2026 Adopted: ___________________, 2026 Approved: __________________________, 2026 _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Approved as to form: ______________________________ Alexandra B. Ruggie, Corporation Counsel May 26 June 8 Page 4 of 4 45-O-26