Village of Westville, IL Chapter 134 Village Board

[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.]

Article I Board of Trustees

§ 134-1 Composition and general powers; term of office.

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)]

§ 134-2 Regular meetings.

[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)

§ 134-3 Special meetings.

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)

§ 134-4 Committees.

A. The following standing committees of the Village Board are hereby established:

(1) Streets and Alleys.

(2) Sidewalks.

(3) Sewers.

(4) Park.

(5) Police.

(6) Buildings/Grounds and Community Beautification.

[Amended 6-16-2021 by Ord. No. 21-1492]

(7) Gas and Water.

(8) Licenses and Insurance.

(9) Finance.

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)

§ 134-5 Special committees.

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.

§ 134-6 Quorum. [1]

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.

§ 134-7 Compelling attendance.

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.

§ 134-8 Nonattendance at meetings.

[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)

Article II Rules

§ 134-9 Rules of order and procedure.

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.

(d) Visitors and public comments. (See § 134-11 of the Village Code.)

(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. Precedence of motions.

(1) When a question is under debate, the following motions shall be in order and shall have precedence over each other in order, as listed:

(a) To adjourn to a day certain.

(b) To adjourn.

(c) To take a recess.

(d) To lay on the table.

(e) The previous question.

(f) To refer.

(g) To amend.

(h) To defer or postpone to a time certain.

(i) To defer or postpone (without reference to time).

(j) To defer or postpone indefinitely.

(2) Numbers [2], [4] and [5] are to be decided without debate.

Q. Motions to adjourn.

(1) A motion to adjourn the Village Board shall always be in order, except:

(a) When a Trustee is in possession of the floor.

(b) While the yeas and nays are being called.

(c) When the members are voting.

(d) When adjournment was the last preceding motion.

(e) When it has been decided that the previous question shall be taken.

(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)

§ 134-10 Agenda.

[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)

§ 134-11 Address by nonmembers; auxiliary aids; maintenance of order.

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.

(3) Individuals shall notify the Village Clerk 14 days in advance, specifying the appropriate auxiliary aids or services required. (See Addendum B, Request for Auxiliary Aid(s) and/or Services.[1])

[1] Editor's Note: Addendum B is available in the Village offices.

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)