[HISTORY: Adopted by the Board of Trustees of the Village
of Westville as Ch. 1, Art. II, Div. I and Div. II, of the 2015 Code.
Amendments noted where applicable.]
The Village Board shall consist of six Trustees, elected in
conformity with this Code and state laws governing elections in villages,
and shall have such powers as are granted by Chapter 65 of the Illinois
Compiled Statutes, as amended. The term of office shall be for four
years or until their successors are elected and have qualified. [65
ILCS 5/3.1-25-5 and 5/3.1-10-50(e)]
[Amended 6-11-2013 by Ord. No. 13-1436; 12-12-2017 by Ord. No. 17-1473; 2-15-2023 by Ord. No. 23-1509]
The regular stated meetings of the Village Board shall be held
in the Village Hall Building on the third Wednesday of each month
at 6:00 p.m. When the meeting date falls upon a legal holiday, the
meeting shall be held on the following day at the same hour and place,
unless otherwise designated. Adjourned and reconvened meetings may
be held at such times as may be determined by the Trustees. (65 ILCS
5/3.1-40-25, 5 ILCS 120/2.02 and 5 ILCS 120/2.04)
Special meetings of the Village Board may be called by the Mayor
or any three Trustees by giving at least 48 hours' notice thereof
by delivering to them personally written or printed notices of the
time of such meeting at the residences of the Trustees. Such notices
shall be served by mail, by the Village Clerk or a designated representative.
Said notices shall specify the purpose of said special meeting and
the business to be taken up at that time and place. Such notice shall
be posted at the Village Hall and shall be provided to any local newspaper
of general circulation or any local radio or television station that
has filed an annual request for such notice. Said notice shall be
provided to such news media in the same manner as said notice is given
to the Mayor and members of the Village Board, provided such news
media has given the Village an address within the Village at which
such notice may be given. (65 ILCS 5/3.1-40-25 and 5 ILCS 120/2.02
and 120/2.03)
A.
The following standing committees of the Village Board are hereby
established:
B.
The committees shall be appointed annually by the Mayor. In addition,
the Mayor shall appoint the Chairman of each committee.
C.
The Mayor shall be ex-officio Chairman of each and every standing
committee.
D.
So far as is practicable, reports of committees shall be in writing.
E.
As provided by law, any report of a committee of the Board shall
be deferred for final action thereon to the next regular meeting of
the same after the report is made, upon the request of any two Trustees
present. (65 ILCS 5/3.1-40-35)
F.
Each standing committee of the Village Board shall exercise a general
supervision over the affairs of the department of municipal government
with which it is connected; shall ascertain the condition and needs
of said department; shall, from time to time, report the same to the
Mayor and Village Board so that a full understanding thereof may be
had; and, generally, shall do all acts necessary to promote the efficiency
of the department.
G.
All committee meetings are subject to the Open Meeting Act requirements
and minutes shall be taken. (5 ILCS 120/1 and 120/2.06)
Special committees may be appointed by the Mayor, subject to
the advice and consent of the Board of Trustees, as may be needed
from time to time.
At all meetings of the Village Board, a majority of the corporate
authorities shall constitute a quorum for the transaction of business,
and if no such quorum attends such meeting of the Board, the Trustees
may adjourn from day to day until a quorum is present; and shall have
power to compel the attendance of absent members, except when such
members are physically unable to attend such meetings. (65 ILCS 5/3.1-40-20)
[1]
Editor's Note: When the Board has a Mayor and six Trustees,
a quorum is four, which may consist of the Mayor and three Trustees,
or four Trustees.
It shall be the duty of each and all Trustees to attend all
regular meetings of the Village Board and all special meetings when
each has been duly notified of the date and place of such meeting.
If, at any meeting duly called, a quorum is not present, the Trustees
in attendance may adjourn the same to some stated time; and any absent
Trustee who is duly notified in writing by the Clerk of the time and
place of such adjourned meeting may be compelled to attend; provided
that the foregoing shall not apply when any Trustee is absent from
such meeting or meetings on account of sickness, unavoidable accident,
or is working.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any member of the Village Board who shall neglect or refuse to attend at least one regular and/or special Village Board meeting per month without good and sufficient reason, to be passed upon by the Board, shall not receive compensation for that meeting. All members shall be allowed one absence in each fiscal year for which compensation shall be paid. (See § 82-8 of the Village Code for salaries.) (65 ILCS 5/3.1-40-20)
The following rules of order and procedure shall govern the
deliberations and meetings of the Village Board.
A.
Order of business.
[Amended 6-11-2013 by Ord. No. 13-1437]
(1)
The order of business shall be as follows:
(a)
Call to order by presiding officer.
(b)
Roll call.
(c)
The reading of the journal of the proceedings of the last preceding
meeting or meetings, and correction and approval of the same, unless
dispensed with by the Board of Trustees and correction of the journal
of the proceedings of previous meetings.
(e)
Reports and communications from the Mayor and other Village
officers.
(f)
Reports of Standing Committees.
(g)
Reports of Special Committees.
(h)
Presentation of communications, petitions, resolutions, orders,
and ordinances by the Board of Trustees.
(i)
Closed session if necessary.
(j)
Unfinished business.
(k)
Miscellaneous business.
(l)
Adjournment.
(2)
All questions relating to the priority of business shall be decided
by the Chair without debate, subject to appeal.
B.
Duties of presiding officer. The presiding officer shall preserve
order and decorum and may speak to points of order in preference to
other Trustees, and shall decide all question of order, subject to
appeal.
C.
Duties of members.
(1)
While the presiding officer is putting the question, no member shall
walk across or out of the Board Chamber.
(2)
Every member, prior to his speaking, making a motion or seconding
the same shall not proceed with his remarks until recognized and named
by the Chair. He shall confine himself to the question under debate,
avoiding personalities and refraining from impugning the motives of
any other Trustee's argument or vote.
D.
Visitors. After the public comments have been concluded, no person
other than a member of the Board of Trustees shall address that body
on the same question unless such person has been recognized by the
presiding officer.
E.
Presentation of new business. When a Trustee wishes to present a
communication, petition, order, resolution, ordinance or other original
matter, the member shall read such matter when reached in its proper
order.
F.
Debate.
(1)
No Trustee shall speak more than once on the same question, except
by consent of the presiding officer or unless 3/4 of the corporate
authorities agree that one's right to debate should be limited to
speak only once and then not until every other Trustee desiring to
speak shall have had an opportunity to do so; provided, however, that
the proponent of the matter under consideration, as the case may be,
shall have the right to open and close debate.
(2)
The Village Board, by motion, may limit debate. The presiding officer
shall have the right to participate in debate.
(3)
While a member is speaking, no Trustee shall hold any private discussion,
nor pass between the speaker and the Chair.
G.
Call of Trustees to order. A Trustee, when called to order by the
Chair, shall thereupon discontinue speaking and take his seat and
the order or ruling of the Chair shall be binding and conclusive,
subject only to the right to appeal.
H.
Appeals from decision of the Chair.
(1)
Any Trustee may appeal to the Board from a ruling of the Chair, and
if the appeal is seconded, the Trustee making the appeal may briefly
state his reason for the same, and the Chair may briefly explain his
ruling; but there shall be no debate on the appeal and no other person
shall participate in the discussion. The presiding officer shall have
the right to participate in debate.
(2)
The Chair shall then put the question, "Shall the decision of the
Chair be sustained?". If a majority of the Trustees present vote "No,"
the decision of the Chair shall be overruled; otherwise, it shall
be sustained.
I.
Question of personal privilege. The right of a member to address
the Board on a question of personal privilege shall be limited to
cases in which his integrity, character, or motives are assailed,
questioned or impugned.
J.
Voting. Every other member who shall be present when a question is
stated from the Chair shall vote thereon, unless he is personally
interested in the question, in which case he shall take whatever steps
are necessary to ensure that his vote is not taken.
K.
Special order of business. Any matter before the Village Board may
be set down as a special order of business at a time certain if 2/3
of the Trustees present vote in the affirmative, but not otherwise.
L.
Seconding of motions required; written motions. No motion shall be
put or debated in the meeting or in committee unless it be seconded.
When a motion is seconded, it shall be stated by the presiding officer
before debate, and every motion of the Board, except motions of procedure,
shall be reduced to writing if required by a member, and the proposer
of the motion shall be entitled to the floor.
M.
Division of questions. If any question under consideration contains
several distinct propositions, the Trustees, by a majority vote of
the Trustees present, may divide such question.
N.
Record of motions. In all cases where a resolution or motion is entered
in the journal, the name of the Trustee moving the same shall be entered
also.
O.
Announcement and changes of vote. The result of all votes, by yeas
and nays, shall not be announced by the Clerk, but shall be handed
by him to the Chairman for announcement, and no vote shall be changed
after the tally list has passed from the hands of the Clerk.
P.
Q.
Motions to adjourn.
(1)
A motion to adjourn the Village Board shall always be in order, except:
(2)
A motion simply to adjourn shall not be subject to amendment or debate,
but a motion to adjourn to a time certain shall be.
(3)
The Village Board may, at any time, adjourn over one or more regular
meetings on a vote of a majority of all the Trustees authorized by
law to be elected.
R.
Previous question. When the previous question is moved on the main
question and seconded, it shall be put on this form: "Shall the main
question now be put?". If such motion is carried, all further amendments
and all further motions and debate shall be excluded and the question
put without delay upon the pending amendment in proper order and then
upon the main question.
S.
Motions to lay on the table and to take from the table.
(1)
A motion simply to lay the question on the table shall not be debatable,
but a motion to lay on the table and publish, or with any other condition,
shall be subject to amendment and debate.
(2)
A motion to take any motion or other proposition from the table may
be proposed at the same meeting at which such motion or proposition
was laid upon the table, provided 2/3 of the Trustees vote therefor.
(3)
A motion to lay any particular motion or proposition on the table
shall apply to that motion or proposition only. An amendment to the
main question or other pending question may be laid on the table and
neither the main question nor such other pending question shall be
affected thereby.
T.
Indefinite postponement; motion to defer or postpone without any
reference to time.
(1)
When consideration of a motion or other proposition is postponed
indefinitely, it shall not be again taken up at the same meeting.
(2)
A motion to postpone indefinitely shall not open the main question
to debate.
(3)
A motion to defer or postpone without any reference to time shall
not be construed as a motion to postpone indefinitely, but shall be
considered to be of the same general nature and to possess the same
general attributes so far as applicable under these rules, as a motion
to postpone indefinitely or to a time certain.
U.
Motion to refer. A motion to refer to a standing committee shall
take precedence over a similar motion to refer to a special committee.
V.
Motion to amend.
(1)
A motion to amend an amendment shall be in order, but one to amend
an amendment to an amendment shall not be entertained.
(2)
An amendment modifying the intention of a motion shall be in order;
but an amendment relating to a different subject shall not be in order.
(3)
On an amendment to "Strike Out and Insert," the paragraph to be amended
shall first be read as it stands, then the words proposed to be stricken
out, then those to be inserted, and finally, the paragraph as it will
stand if so amended shall be read.
(4)
An amendment to the main question or other pending questions may
be referred to a committee and neither the main question nor such
other pending question shall be affected thereby.
W.
Filling of blanks. When a blank is to be filled and different sums
or times proposed, the question shall be taken first on the least
sum or the longest time.
X.
Motion to substitute. A substitute for any original proposition under
debate or for any pending amendment or such proposition may be entertained,
notwithstanding that at such time further amendment is admissible;
and if accepted by the Trustees by a vote shall entirely supersede
such original proposition or amendment, as the case may be, and cut
off all amendments appertaining thereto.
Y.
Reconsideration.
(1)
A vote or question may be reconsidered at any time during the same
meeting, or at the first regular meeting held thereafter. A motion
for reconsideration having been once made and decided in the negative
shall not be renewed, nor shall a motion to reconsider be reconsidered.
(2)
A motion to reconsider must be made and seconded by Trustees who
voted on the prevailing side of the question to be reconsidered, unless
otherwise provided by law; provided, however, that where a motion
has received a majority vote in the affirmative, but is declared lost
solely on the ground that a greater number of affirmative votes is
required by statute for the passage or adoption of such motion, then
in such case a motion to reconsider may be made and seconded only
by those who voted in the affirmative on such question to be reconsidered.
Z.
Adoption of Robert's Rules of Order Revised. The rules of parliamentary
practice comprised in the latest published edition of Robert's Rules
of Order Revised shall govern the Board in all cases to which they
are applicable and in which they are not inconsistent with the special
rules of the Board.
AA.
Temporary suspension of rules; amendment of rules. These rules may
be temporarily suspended by a vote of 2/3 of the corporate authorities
entitled by law to be elected and shall not be repealed, altered or
amended unless by concurrence of 2/3 of all the corporate authorities
entitled by law to be elected.
BB.
Censure of Trustees; expulsion of Trustees. Any Trustee acting or
appearing in a lewd or disgraceful manner, or who uses opprobrious,
obscene and insulting language to or about any member of the Board,
or who does not obey the order of the Chair shall be, on motion, censured
by a majority vote of the members present, or expelled by a 2/3 vote
of all Trustees elected. (65 ILCS 5/3.1-40-15)
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
An itemized agenda, along with all necessary supporting documentation,
shall be furnished to each member of the Village Board no later than
48 hours prior to the regular Village Board meeting. The agenda shall
be posted on the Village website in compliance with 5 ILCS 120/2.02.
In the case of matters of emergency which could not have been reasonably
foreseen in sufficient time to comply with this section, a revised
agenda shall be furnished to each member of the Village Board prior
to the opening of the Board meeting. (5 ILCS 120/2.02)
A.
Public comment request. Any person not a member of the Village Board
may address the Village Board with regard to items of proposed business
under the following rules:
(1)
He or she shall rise (if not physically impaired) and state his or
her name for the record and, unless further time is granted by the
Board, limit remarks to five minutes. All remarks shall be addressed
to the Village Board, not to any member thereof.
(2)
No person other than the Board member recognizing the individual
addressing the Board and the person having the floor shall be permitted
to enter into any discussion directly or through a member of the Board
without the permission of the Mayor. No questions shall be asked of
any Trustee except through the Mayor. Any person making personal or
impertinent remarks or who shall become disruptive addressing the
Village Board shall be forthwith evicted from the Board Chamber by
the Mayor.
B.
Auxiliary aid or service. The Village shall take appropriate steps
to ensure that communications with applicants, participants, members
of the public, and companions with disabilities are as effective as
communications with others.
(1)
The Village shall furnish appropriate auxiliary aid(s) and service(s)
where necessary to afford qualified individuals with disabilities,
including applicants, participants, companions, and members of the
public, an equal opportunity to participate in, and enjoy the benefits
of, a service, program, or activity of the Village.
(2)
Auxiliary aids and services shall be provided in a timely manner.
C.
The Chief of Police or his authorized designee shall be the Sergeant
at Arms at the Board meetings. He or she shall carry out all orders
and instructions of the Mayor for the purposes of maintaining order
and decorum. The Sergeant at Arms shall remove any person violating
the order and decorum of the meeting. Such removal may be accompanied
by further prosecution for any violation of any ordinance under this
Code.
(5 ILCS 120/2.06)