CITY COUNCIL 2016/05/02 AgendaTHE CITY OF LAKE FOREST
CITY COUNCIL AGENDA
May 2, 2016, 6:30pm
City Hall Council Chambers
CALL FOR ORGANIZATION OF THE 2016-2017 CITY COUNCIL
DEPUTY CLERK MARGARET BOYER ADMINISTERS THE OATH OF OFFICE TO:
First Ward Alderman-Elect - - Prudence Beidler
Second Ward Alderman-Elect - - Timothy Newman
Third Ward Alderman-Elect - - Dr. Stanford Tack
Fourth Ward Alderman-Elect - - Michelle Moreno
CALL TO ORDER AND ROLL CALL
Honorable Mayor, Donald Schoenheider
Catherine Waldeck, Alderman First Ward Stanford Tack, Alderman Third Ward
Prudence R. Beidler, Alderman First Ward Jack Reisenberg, Alderman Third Ward
Timothy Newman, Alderman Second Ward Michael Adelman, Alderman Fourth Ward
George Pandaleon, Alderman Second Ward Michelle Moreno, Alderman Fourth Ward
ELECTION AND APPOINTMENT OF CITY OFFICERS
1. ELECTION BY THE CITY COUNCIL AS REQUIRED BY CHARTER AND CITY CODE
City Treasurer Elizabeth A. Holleb
City Supervisor Robert R. Kiely, Jr.
City Marshal & Collector James Held
City Attorney Victor Filippini
City Clerk Robert R. Kiely, Jr.
City Surveyor and Engineer Gewalt Hamilton Associates
REPORTS OF CITY OFFICERS
1. COMMENTS BY MAYOR
A. Resolution of Appreciation for Human Resources Employee, Carla Ward
A copy of the Resolution can be found on page 15.
COUNCIL ACTION: Approve the Resolution
B. Bike Safety Proclamation
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A copy of the Proclamation can be found on page 16
C. 2016-2017 Board and Commission Appointments/Reappointments
AUDIT COMMITTEE
NAME OF MEMBER APPOINT/REAPPOINT WARD
William McFadden Appoint 3
Vince Sparrow Appoint 3
Don OCallaghan Re-appoint as Chair 1
Dean Stieber Re-appoint 4
Andy Logan Re-appoint 2
BUILDING REVIEW BOARD
NAME OF MEMBER APPOINT/REAPPOINT WARD
Peter Dunne Appoint 1
Fredrick Moyer Re-appoint 1
CEMETERY COMMISSION
NAME OF MEMBER APPOINT/REAPPOINT WARD
Dr. Dan Kelly Appoint 1
John Dick Re-appoint 1
GORTON
NAME OF MEMBER APPOINT/REAPPOINT WARD
Karen Rode Appoint 4
James Morris Appoint 1
Sarah Lamphere Re-appoint 1
HISTORIC PRESERVATION COMMISSION
NAME OF MEMBER APPOINT/REAPPOINT WARD
Bill Redfield Appoint 3
Elizabeth Sperry Appoint 2
Bruce Grieve Appoint and Appoint as
Chairman
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Wells Wheeler Re-appoint 3
LEGAL COMMITTEE
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NAME OF MEMBER APPOINT/REAPPOINT WARD
Tim Franzen Re-appoint 1
David Neumeister Re-appoint 3
LIBRARY
NAME OF MEMBER APPOINT/REAPPOINT WARD
Germaine Arnson Appoint 2
Elizabeth Grob Appoint 2
Beth Parsons Appoint 1
PARKS AND RECREATION BOARD
NAME OF MEMBER APPOINT/REAPPOINT WARD
Jake Lee Appoint 2
Paul Best Appoint 2
Steve Reimer Re-appoint 4
Skoo Walker Re-appoint 2
PLAN COMMISSION
NAME OF MEMBER APPOINT/REAPPOINT WARD
Monica Ruggles Appoint 1
Tim Henry Re-appoint 3
Mike Ley Re-appoint as Chair 3
ZONING BOARD OF APPEALS
NAME OF MEMBER APPOINT/REAPPOINT WARD
Mark Pasquesi Appoint to own term 4
Mike Sieman Appoint 3
Nancy Novit Appoint 1
Kevin Lewis Re-appoint 3
Louis Pickus Re-appoint and Appoint as
Chair
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CROYA
NAME OF MEMBER APPOINT/REAPPOINT WARD
Laurie Doherty Re-appoint 2
John Maher Re-appoint LB
Susie Kullby Re-appoint 1
ELAWA
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NAME OF MEMBER APPOINT/REAPPOINT WARD
Thomas Walvoord Appoint 1
Diane FitzSimons Re-appoint LB
Barry Hollingsworth Re-appoint 2
Holly Brown Re-appoint 3
SENIOR RESOURCE COMMISSION
NAME OF MEMBER APPOINT/REAPPOINT WARD
Mark Dillon Appoint 1
Kathy Ottensmeyer Appoint 1
Jim Blanda Re-appoint LB
Sally Kelly Re-appoint 2
PUBLIC SERVICE AWARD COMMITTEE
NAME OF MEMBER APPOINT/REAPPOINT WARD
Tom Swarthout Appoint 1
Maddie Dugan Appoint 3
A copy of Volunteer Profile sheets for new appointments begins on page 17.
COUNCIL ACTION: Approve the Mayors Appointments and Reappointments
D. Approval of a Resolution of Appreciation for Retiring Members of Boards
and Commissions as follows:
BOARD, COMMISSION OR COMMITTEE NAME OF MEMBER(S)
AUDIT Amy Krebs
CEMETERY Amy Schuetz
GORTON Alan Lerner and Peter Cherry
HISTORIC PRESERVATION COMMISSION Peter Schaefer, James Preschlack and John
Travers
LIBRARY Robert Napier, Kate Bryant and Carol Champ
PARKS AND RECREATION BOARD Sondra Douglass and David Brush
PLAN COMMISSION Jeff Kuchman
ZONING BOARD OF APPEALS Jay Kennedy and Robert Franksen
ELAWA Robert Shaw
SENIOR RESOURCE COMMISSION Nancy Carey
BOARD OF TRUSTEES POLICE PENSION FUND Robert Copeland
PUBLIC SERVICE AWARD COMMITTEE Gail Hodges and Roger Mohr
A copy of the resolution can be found on page 47.
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COUNCIL ACTION: Approve the Resolution
2. COMMENTS BY CITY MANAGER
A. Community Spotlight
LFGo App
-Communications Manager- Susan Banks
3. COMMENTS BY COUNCIL MEMBERS
FINANCE COMMITTEE
A. Approval of the Comprehensive Fiscal Plan for FY2017
PRESENTED BY: George Pandaleon, Finance Committee Chairman
PURPOSE AND ACTION REQUESTED: Staff requests approval of the Comprehensive Fiscal
Plan for Fiscal Year 2017 (May 1, 2016 to April 30, 2017).
PROJECT REVIEW/RECOMMENDATIONS:
Reviewed Date Comments
City Council Finance Committee 10/19/15 Fiscal Policy
City Council Finance Committee 11/9/15 Capital Budget/Revenues
City Council 12/7/15 Adoption of Tax Levy, Fees
City Council Finance Committee 1/19/16 Capital Budget Follow-up
City Council Finance Committee 3/14/16 Operating Budget
City Council Finance Committee 4/18/16 Five Year Forecast Follow-up
BACKGROUND/DISCUSSION: The Finance Committee has reviewed various components
of the Comprehensive Fiscal Plan for FY2017 at several public meetings over the past six
months. The proposed Comprehensive Fiscal Plan is presented for final approval this
evening. The document has been provided to the City Council under separate cover
and will be made available on the City’s web site upon approval.
A number of changes have been made this year to the content of the Comprehensive
Fiscal Plan to enhance readability. These include the following:
• Information regarding the process and structure of the City’s fiscal plan,
including fund descriptions and department/fund relationships
• Multi-year summary of revenues
• Debt and statistical information
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The following changes have been made to the budget figures since the March 14
Finance Committee meeting:
• Compensation adjustments are now reflected within the operating department
budgets with the exception of Fire, pending contract approval
• Engineering for North Western Avenue improvements ($55,700) approved by
City Council on April 4 has been added to Public Works/Engineering FY16
estimate
• Improvements to Westleigh Road bike path and train bridges ($35,785)
approved by City Council on April 18 have been added to the Capital Fund
FY17 budget
• Advances of FY17 capital improvements and Street operating maintenance
approved by the City Council on April 18 have resulted in increases to FY16
estimates and corresponding reductions to FY17 budget amounts
• FY17 revenue estimates for Sales Tax/General Fund, Real Estate Transfer
Tax/Capital Improvements Fund, and Water Sales/Water Fund have been
reduced based on direction received at the April 18 Finance Committee
meeting
In addition, the Five Year Forecasts of the General Fund, Capital Fund and Water Fund
have been revised to reflect the Finance Committee discussion on April 18.
BUDGET/FISCAL IMPACT: The proposed expenditures for FY2017 total $82,249,472. The
proposed plan is balanced with all operating expenditures covered from current
revenues and capital expenditures funded from current revenues and reserves in
excess of the City Council’s Fiscal Policy.
COUNCIL ACTION: Approval of the Comprehensive Fiscal Plan for Fiscal Year 2017
B. Approval of the FY17 Personnel Policies and Practices and Pay Plan
PRESENTED BY: DeSha Kalmar, Director of Human Resources (847-810-3530)
PURPOSE AND ACTION REQUESTED: Staff requests approving the FY17 Personnel Policies
and Practices and Pay Plan.
BACKGROUND/DISCUSSION: Each year the City’s Personnel Policies and Practices are
reviewed and updated, then adopted by the City Council as part of the budget
process. Noted below is a list of key changes made to the Personnel Policies dated May
1, 2016, which have been reviewed by legal counsel. The substantive changes are
noted below.
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Personnel Pages
Personnel Policies and Practices 2016
(All changes noted in Bold Italics)
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• 2.3.5 Administration of Pay Plan and 2.3.6 Pay Plan Adjustments – changed
reference from “action plan” to “performance improvement plan”.
• 2.3.7 Promotions – per IRMA’s request, added language to reflect training to
be offered to new supervisors.
• 2.3.14 Longevity Pay – Amount increased $5 at the 20+ level.
• 5.1.0 Vacation – Added language to bring section into legal compliance
when exceptions are made to vacation carryover.
• 5.9.0 Family and Medical Leave – language added to reflect that no
biological relationship need exist for caring for a child.
• 5.11.0 Pregnancy Accommodation – Language added regarding City’s
rights to request health care information in regard to an accommodation
request.
• 8.0 Insurance and Health Benefits – added language about the Employee
Benefits Committee and creating responsible consumers.
• 9.11.0 Smoking Ban – included electronic cigarettes in the ban.
• 9.15.0 Cell Phone Usage – formerly only applied to City-issued phones; now
applies to both City-issued and personal cell phones.
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The FY2017 Pay Plan has been adjusted to include range adjustments of 1.0% for Steps
1-6 and 2.5% for Step 7 per City Council discussion at the March budget meeting.
The policies are included in your Council packet beginning on page 48, and the Pay
Plan is in your budget packet.
COUNCIL ACTION: Approval of the FY17 Personnel Policies and Practices and FY17 Pay
Plan.
C. Annual Vendor Approval
PRESENTED BY: Elizabeth Holleb, Finance Director (847-810-3612)
PURPOSE AND ACTION REQUESTED: Staff requests approval of the vendors listed on page
92 for FY2017.
BACKGROUND/DISCUSSION: On September 19, 2011, the City Council approved Code
amendments revising the method for approving vendors. Consistent with the revised
policy, payments for services provided on an unspecified ongoing basis exceeding
$20,000 annually in aggregate are to be approved by the City Council as part of the
budget process. The attached list provides the vendors approved for FY2012-FY2016 as
well as the recommendations submitted for City Council approval for FY2017.
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The City Council will continue to approve any single purchase over $20,000 as
established by the purchasing code.
BUDGET/FISCAL IMPACT: Approval of the attached vendor list does not have an
immediate fiscal impact. The amounts designated for each vendor for FY2017 have
been included in the annual budget.
COUNCIL ACTION: Approval of the attached list of vendors (page 92) for Fiscal Year
2017.
4. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA
ITEMS
5. ITEMS FOR OMNIBUS VOTE CONSIDERATION
1. Approval of the April 18, 2016 City Council Meeting Minutes.
A copy of the minutes begins on page 93.
2. Approval of Check Register for Period March 26-April 22, 2016
Fund Invoice Payroll Total
General 595,755 1,055,159 1,650,914
Water & Sewer 66,909 115,017 181,925
Parks & Recreation 192,374 271,589 463,963
Capital Improvements 205,016 0 205,016
Motor Fuel Tax 0 0 0
Cemetery 12,263 17,407 29,670
Senior Resources 15,083 15,705 30,788
Deerpath Golf Course 17,405 501 17,906
Fleet 47,775 44,588 92,363
Debt Funds 0 0 0
Housing Trust 0 0 0
Park & Public Land 19,499 0 19,499
All other Funds 349,499 140,017 489,516
$1,521,577 $1,659,982 $3,181,560
3. Approval of the Regularly Scheduled Meetings of the City Council for the
year 2017
A copy of the schedule can be found beginning on page 102.
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4. Approval of Collective Bargaining Agreement between the City and the
Lake Forest Employee Association (LFEA)
STAFF CONTACT: DeSha Kalmar, Director of Human Resources (847-810-3530)
PURPOSE AND ACTION REQUESTED: Staff requests approval of the Lake Forest Employee
Association (LFEA) collective bargaining agreement between the City and LFEA.
BACKGROUND/DISCUSSION: The City recently reached agreement with the LFEA, the
local association representing the maintenance and Water Plant employees, regarding
their collective bargaining agreement. The bargaining unit has ratified the contract,
and it is now before the City Council for approval. The duration of the contract is four
(4) years, from May 1, 2016, through April 30, 2020. A chart detailing specific items
agreed to is attached to the agenda on page 103.
Due to the fact that this is primarily a roll-over of the existing contract, the PCA
Committee determined that they did not need to review it prior to City Council
consideration.
BUDGET/FISCAL IMPACT: The group has once again adopted the City’s personnel policy
as their guiding policies, and the employees have agreed to pay increases approved
by the City Council for other fulltime, non-unionized employees of the City for all years
of the Agreement. Seasonal employee salary ranges remain the same as in the
previous Agreement.
New, first-year seasonal employees will earn one paid time off (PTO) day after 3 months
of employment and an additional PTO day after 6 months. Currently, seasonal
employees don’t earn PTO until they return for subsequent seasons. Seasonal
employees will also be allowed to accrue up to 24-hours of compensatory time in lieu of
overtime during the season. Any unused compensatory time will be paid out at the end
of the season. It is hoped these two items this will help attract applicants to these
positions, which have been very difficult to fill in recent years.
Fulltime employees will be increasing their contributions into a Retiree Health Savings
account from 1% to 1.5%. These are employee contributions and have no fiscal impact
to the City.
COUNCIL ACTION: Approval of the Collective Bargaining Agreement between the City
and the Lake Forest Employee Association (LFEA)
5. Consideration of an Ordinance Amending Chapters 70, 73, 78, and 97 of
the City Code, as Recommended by City Staff. (Final approval)
STAFF CONTACT: Craig Lepkowski, Police Commander (847-810-3807)
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PURPOSE AND ACTION REQUESTED: Staff requests final approval of amendments to Chapters
70, 73, 78, and 97 of the City Code.
On January 20, 2015, City Council granted final approval of an Ordinance adopting an
updated City Code. As a follow up, City Staff and the City Attorney have begun to
review certain provisions of the code to determine whether changes are required to
reflect changes in practices or policies of the City.
As part of that review, the City Manager, Executive Staff, the City Council Liaison, and
the City Attorney have reviewed Title VII and IX of the City Code and propose
amendments to Chapters 70 (General Provisions), 73 (Stopping, Standing and Parking),
78 (Parking and Loading Schedules), and 97 (Parks and Playgrounds). The proposed
amendments are included in the Council packet beginning on page 104.
BACKGROUND: At the time the City Council approved the updated City Code in 2015, it was
recognized that various elements of the City Code were not reflective of State law, current
practices, or implementation practices of the City. Based on a thorough review of Title VII
and IX of the City Code, the attached working draft of amendments was prepared. The
attached draft attempts to update provisions where that are outdated, conform certain
provisions to State law, and align City practices with the terms of the City Code.
The attached draft represents a substantially completed update of Chapters 70, 73, 78, and
97 of the City’s Code.
COUNCIL ACTION: It is recommended that the City Council grant first reading of an
ordinance amending Chapters 70, 73, 78, and 97 of the City Code.
6. Consideration of an Ordinance Amending Title XIII (General Offenses) of
the City Code, as Recommended by City Staff. (Final approval)
STAFF CONTACT: Craig Lepkowski, Police Commander (847-810-3807)
PURPOSE AND ACTION REQUESTED: Staff requests approval of final approval of the
amendments to Title XIII (General Offenses) of the City Code.
On January 20, 2015, City Council granted final approval of an Ordinance adopting an
updated City Code. As a follow up, City Staff and the City Attorney have begun to
review certain provisions of the code to determine whether changes are required to
reflect changes in practices or policies of the City.
As part of that review, the City Manager, Executive Staff, the City Council Liaison, and
the City Attorney have reviewed Title XIII of the City Code and propose amendments to
Chapters 130 (General Provisions), 132 (Offenses Against Public Morals), 133 (Offenses
Against Persons), 134 (Offenses Against Property), and 135 (Offenses Affecting Public
Health, Safety, and Decency). The proposed amendments are included in the Council
packet beginning on page 110.
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BACKGROUND: At the time the City Council approved the updated City Code in 2015, it was
recognized that various elements of the City Code were not reflective of State law, current
practices, or implementation practices of the City. Based on a thorough review of Title XIII of
the City Code, the attached working draft of amendments was prepared. The attached
draft attempts to improve the overall organization of the City’s Code as it relates to general
offenses, offenses against public morals, offenses against persons, offenses against property,
and offenses affecting public health, safety, and decency. Additionally, the attached draft
attempts to update or remove provisions where that are outdated and align City practices
with the terms of the City Code.
COUNCIL ACTION: It is recommended that the City Council grant final approval of an
ordinance amending Title XIII of the City Code.
7. Approval to Award multi-year Contract for Recreation Department &
CROYA Program Bussing Services as approved by the Parks & Recreation
Board
STAFF CONTACT: Joe Mobile, Superintendent of Recreation (847-810-3941)
PURPOSE AND ACTION REQUESTED: Staff requests approval to award a three year
contract for Recreation Bussing Service to Olson Transportation and to extend the
services without bid for an additional two years as well as awarding a three year
contract to First Student for the CROYA Bussing Service.
PROJECT REVIEW/RECOMMENDATIONS:
Reviewed Date Comments
Parks & Recreation Board 4/19/16 Approved Recreation contract
BACKGROUND/DISCUSSION: The City of Lake Forest currently has two departments,
Parks & Recreation and CROYA, that utilize various bus companies for program
transportation. Under the City’s financial policies and in an attempt to lower
operational costs for these City departments, the bus transportation needs were put
through the formal bid process in March 2016 for a three year bussing contract. Over
the years of using the bid process to secure bussing services pricing, we have
continuously received proposals from the same two companies, Olson Transportation
and First Student. Due to the limited number of proposals received since 2008 when
Staff first went out to bid for this service, Staff would like to propose offering a three year
contract and would like to extend the service without bid for an additional two years
which is the maximum duration for a contract.
The City of Lake Forest’s bussing needs include the need for school buses throughout
the year by the Parks & Recreation Department for summer camps and by CROYA for
monthly trips and retreats. The summer camps provide daily transportation to all Lake
Forest residents enrolled in All Stars & Beyond Day Camp or McCormick Day Camp as
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well as a daily afternoon swim shuttles and field trip bussing. CROYA has used school
buses for monthly field trips and retreats throughout the year for middle school and high
school students as part of their programming.
Public notice to solicit bids was provided on February 19, 2016 with a bid opening date
of March 11, 2016. The chosen timetable was driven by the summer camp schedule to
prepare the routes for the upcoming camp programs and distribute them to our
participants by the first week of June 2016.
Staff again only received two bids for the annual program bus service. The proposed
pricing is listed in the chart below.
Staff would like to split the bid proposals and award the Recreation Services to Olson
Transportation based on low bid and award CROYA Services to First Student based on
the low bid as well.
BUDGET/FISCAL IMPACT: Funding for camp bussing is a Parks & Recreation Department
program expense and is budgeted in the programs annual operating budgets. This
cost of bussing is covered by program fees associated with the various camps. Funding
for CROYA also comes out of their annual operating budgets.
Below is an estimated summary of Project budget:
FY2017 Funding Source Amount
Budgeted
Amount
Requested
Budgeted?
Y/N
Recreation Program budgets $46,150.00 $41,345.00 Y
CROYA Operating budget $4,900.00 $4,900.00 Y
RECREATION 2016-2017 2017-2018 2018-2019
Olson $41,345.00 $41,814.25 $42,347.02
First Student $71,565.00 $73,711.98 $75,159.47
CROYA 2016-2017 2017-2018 2018-2019
Olson $52/hr+$.25/mi
(3hr min)
$53/hr+$.25/mi
(3hr min)
$54/hr+$.25/mi
(3hr min)
First Student $150/3hr Trip
($50/hr after)
$150/3hr Trip
($50/hr after)
$150/3hr Trip
($50/hr after)
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COUNCIL ACTION: Approval to award a three year contract for Recreation Bussing
Service to Olson Transportation and to extend the services without bid for an additional
two years as well as awarding a three year contract to First Student for the CROYA
Bussing Service.
COUNCIL ACTION: Approve the six (7) Omnibus items.
6. ORDINANCES
7. ORDINANCES AFFECTING CODE AMENDMENTS
8. NEW BUSINESS
1. Approval of a Resolution Authorizing an Intergovernmental Agreement with
Shields Township for “Dial-A-Ride” Services.
PRESENTED BY: SALLY SWARTHOUT, DIRECTOR PARKS AND RECREATION (847) 810-3942
PURPOSE AND ACTION REQUESTED: Senior Resource Commission and Staff are requesting
approval of a Resolution Authorizing an Intergovernmental Agreement with Shields
Township for “Dial-A-Ride” Service. The Resolution and Agreement can be found on
page 132.
PROJECT REVIEW/RECOMMENDATIONS:
Reviewed Date Comments
Senior Resource Commission 03/10/16 Recommend Approval
BACKGROUND/DISCUSSION: Shields Township provides a curb to curb Dial-A-Ride
transportation service to senior citizen and disabled residents of Lake Forest residing in the
township jurisdiction. The proposed agreement extends the service for any senior citizens,
age 65 and above, and disabled persons, age 16 and above, residing within the entire
municipal limits of The City of Lake Forest as part of the Township’s agreement with the
Suburban Bus Division of the Regional Transportation Authority (PACE) for a minimal fee
of three dollars per one-way ride, if under ten miles, and a six dollar fare for rides over ten
miles. Registration for the program is taken at the Shields Township office and rides are
arranged through a call service at PACE. The proposed agreement is for one year with
the opportunity to extend on an annual basis.
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BUDGET/FISCAL IMPACT: Payments for services will be made from The City of Lake Forest
to Shield’s Township on a quarterly, bimonthly or monthly basis. The amount due will be
based upon charges incurred by those riders residing outside of Shields Township, but
within the City of Lake Forest. The proposed extended Dial-A-Ride program will be
considered as a pilot program with an estimated annual cost of $3000 and if successful
will be designated to the appropriate operating budget for FY2018.
FY2017 Funding Source Amount
Budgeted
Amount
Requested
Budgeted?
Y/N
City Council Contingency N
COUNCIL ACTION: Approval of a Resolution Authorizing an Intergovernmental
Agreement with Shields Township for “Dial-A-Ride” Services.
9. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION
10. ADJOURNMENT
Office of the City Manager April 27, 2016
The City of Lake Forest is subject to the requirements of the Americans with Disabilities
Act of 1990. Individuals with disabilities who plan to attend this meeting and who
require certain accommodations in order to allow them to observe and/or participate
in this meeting, or who have questions regarding the accessibility of the meeting or the
facilities, are required to contact City Manager Robert R. Kiely, Jr., at (847) 234-2600
promptly to allow the City to make reasonable accommodations for those persons.
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Whereas, the bicycle is an economical, healthy, and environmentally sound form of transportation for
those who ride by choice, or by economic or other necessity; and,
Whereas, the bicycle is also an excellent tool for exercise, recreation, and enjoyment of the City’s scenic
beauty; and,
Whereas, most cyclists and motorists received little formal education on the laws and safety techniques
governing roadway interactions between motor vehicles and bicycles; and
Whereas, increased knowledge of such interactions will improve safety for both cyclists and motorists;
and,
Whereas, Ride Illinois is conducting a Mayor’s Bicycle Safety Challenge, in which Illinois towns
encourage residents to learn relevant safety techniques and laws through interactive quizzes for Adult
Bicyclists, Child Cyclists and Motorists; and,
Whereas, the Lake Forest Police Department has instituted a Bicycle Education and Enforcement
Program which utilizes the BikeSafetyQuiz.com for violators to avoid having traffic warnings become
traffic citations; and
Whereas, the Lake Forest Police Department is holding its 5th Community Bike Rodeo, sponsored by the
Lake Forest Police Foundation, on Saturday, May 21, from 10am to 2pm,
NOW, THEREFORE, I, Donald P. Schoenheider, Mayor of the City of Lake Forest, do hereby proclaim
May 15 to May 21 as Bicycle Safety Week in the City of Lake Forest, and I urge all residents to educate
themselves on Bicycle and Vehicle Rules of the Road and safety techniques and to encourage and
facilitate the attendance of their children at the Police Bike Rodeo.
IN WITNESS HEREOF, I have hereunder set my hand and have had the Seal of The City of Lake Forest
affixed this 2nd day of May, 2016.
__________________________________________
Donald P. Schoenheider, Mayor
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RESOLUTION OF APPRECIATION
WHEREAS
has served The City of Lake Forest as a member of the
WHEREAS, he/she has devoted much valuable time and personal attention to the work of this
commission and, on behalf of the citizens of Lake Forest, continually met his/her responsibilities
with purpose and dedication; and
WHEREAS, the citizens of Lake Forest recognize and are deeply appreciative of the valuable
time and service she contributed to the preservation and improvement of the quality of life in our
community by serving on this commission;
NOW, THEREFORE, BE IT RESOLVED that the City Council of The City of Lake Forest,
Illinois, hereby expresses the profound gratitude of the citizens of Lake Forest to for the
loyal and faithful public service he/she has given by means of this resolution, which shall be
spread upon the permanent records of the City Council.
Adopted by the City Council of
The City of Lake Forest this
2nd day of May, 2016
______________________________
Mayor
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The City of Lake Forest
Personnel Policies and Practices
May 1, 2016
Employee Information Site:
www.citylf.org
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TABLE OF CONTENTS
INTRODUCTION _______________________________________________________ 1
EMPLOYMENT AT WILL ________________________________________________ 1
CORE VALUES _________________________________________________________ 1
PURPOSE/POLICY _____________________________________________________ 2
AUTHORITY ___________________________________________________________ 2
POLICIES AND PRACTICES ESTABLISHED _______________________________ 2
1. EMPLOYMENT POLICY ______________________________________________ 3
1.1.0 Authority to Employ Personnel ________________________________________________ 3
1.2.0 Employment Procedure ______________________________________________________ 3
1.3.0 Equal Opportunity Employer __________________________________________________ 3
1.4.0 Drug-Free Workplace ________________________________________________________ 3
1.5.0 Employment of Relatives _____________________________________________________ 4
1.6.0 Secondary Employment ______________________________________________________ 4
2. OFFICIAL PAY PLAN ________________________________________________ 6
2.1.0 The Official Pay Plan ________________________________________________________ 6
2.2.0 Administration of Pay Plan ___________________________________________________ 6
2.3.0 Salary Administration Procedure _______________________________________________ 6
2.3.1 Establishment of Salary Ranges and Position Titles ________________________________ 6
2.3.2 Applicability of Salary Ranges and Position Titles Schedule _________________________ 7
2.3.3 Original Appointment________________________________________________________ 7
2.3.4 Probationary Period _________________________________________________________ 7
2.3.5 Administration of Plan _______________________________________________________ 8
2.3.6 Pay Plan Adjustments ________________________________________________________ 8
2.3.7 Promotions ________________________________________________________________ 8
2.3.8 Job Transfers ______________________________________________________________ 9
2.3.9 Reclassification ____________________________________________________________ 9
2.3.10 Resignations, Layoffs ________________________________________________________ 9
2.3.11 Tree Trimmer Pay __________________________________________________________ 9
2.3.12 Additional Duty Pay _________________________________________________________ 9
2.3.13 Additional Merit Pay _______________________________________________________ 10
2.3.14 Longevity Pay ____________________________________________________________ 10
2.4.0 Positions _________________________________________________________________ 10
2.4.1 Department Heads and Staff Assistants _________________________________________ 10
2.4.2 Job Sharing _______________________________________________________________ 10
2.5.0 Residency Requirement/Housing Allowance Compensation _________________________ 11
2.6.0 Emergency Response Personnel _______________________________________________ 11
2.7.0 Fringe Benefits ____________________________________________________________ 11
2.8.0 Deductions from Exempt Employee Salaries _____________________________________ 11
3. HOURS OF WORK __________________________________________________ 12
3.1.0 Workweek Defined ________________________________________________________ 12
3.2.0 Workday Defined __________________________________________________________ 12
3.3.0 Overtime Work ____________________________________________________________ 12
3.4.0 Established Hourly Rate Defined ______________________________________________ 13
3.5.0 Compensation for Overtime Work _____________________________________________ 13
3.6.0 Positions Ineligible for Overtime Compensation __________________________________ 14
3.7.0 Flex Time ________________________________________________________________ 15
4. HOLIDAYS WITH PAY _______________________________________________ 16
4.1.0 Days Designated ___________________________________________________________ 16
4.2.0 Holiday Falling on Weekend, Working Days ____________________________________ 16
4.3.0 Holiday Bonus ____________________________________________________________ 17
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5. LEAVE POLICY _____________________________________________________ 18
5.1.0 Vacation Schedule _________________________________________________________ 18
5.2.0 Sick Leave with Pay ________________________________________________________ 19
5.2.1 Voluntary Sick Leave Donation Program _______________________________________ 21
5.3.0 Emergency Leave __________________________________________________________ 21
5.4.0 On-the-Job Injury and Disability Leave _________________________________________ 22
5.5.0 Military Service, Training ___________________________________________________ 22
5.6.0 Family Military Leave Act ___________________________________________________ 22
5.7.0 Leave of Absence __________________________________________________________ 23
5.8.0 Absence Without Leave _____________________________________________________ 23
5.9.0 Family and Medical Leave (FMLA Leave) ______________________________________ 23
5.10.0 Victim's Economic Security and Safety Leave ____________________________________ 27
5.11.0 Pregnancy Accommodation __________________________________________________ 28
5.12.0 Miscellaneous Leave Policies ________________________________________________ 28
6. RETIREMENT AND DEFERRED COMPENSATION _____________________ 30
6.1.0 Retirement, Pension Plans ___________________________________________________ 30
6.2.0 Deferred Compensation Plan _________________________________________________ 30
6.3.0 Out-of-State Service Credit __________________________________________________ 30
6.4.0 Retiree Health Savings Plan __________________________________________________ 30
7. DISCIPLINE, GRIEVANCES AND FEEDBACK __________________________ 31
7.1.0 Procedure in Handling Disciplinary Action, Grievances ____________________________ 31
7.2.0 Appeals from Disciplinary Action _____________________________________________ 31
7.3.0 Insurance Ramifications _____________________________________________________ 31
7.4.0 Employee Feedback ________________________________________________________ 32
7.5.0 Ethics Hotline _____________________________________________________________ 32
8. INSURANCE AND HEALTH BENEFITS________________________________ 33
8.1.0 Authorization for Payment of Health Insurance Premium ___________________________ 33
8.2.0 Authorization for Payment of Dental Insurance Premium ___________________________ 33
8.3.0 Authorization for Payment of Life Insurance Premium _____________________________ 33
8.4.0 Health and Dental Insurance Program for Retired Employees ________________________ 33
8.5.0 Employee Assistance Program ________________________________________________ 33
8.6.0 Flexible Spending - FLEX ___________________________________________________ 34
8.7.0 Continuation of Benefits ____________________________________________________ 34
8.8.0 HIPPA Privacy Rule ________________________________________________________ 36
9. MISCELLANEOUS REGULATIONS ___________________________________ 37
9.1.0 Physical Fitness ___________________________________________________________ 37
9.2.0 Personal Use of City Property ________________________________________________ 37
9.3.0 Political Activity __________________________________________________________ 37
9.4.0 Public Information _________________________________________________________ 37
9.5.0 On-the-Job Safety __________________________________________________________ 38
9.6.0 Public Relations ___________________________________________________________ 38
9.7.0 Gifts and Gratuities ________________________________________________________ 38
9.8.0 Patents __________________________________________________________________ 39
9.9.0 City-Owned Recreational Facilities ____________________________________________ 39
9.10.0 Purchase of City Cemetery Lots _______________________________________________ 39
9.11.0 Smoking Ban _____________________________________________________________ 39
9.12.0 Education/Training Reimbursement ____________________________________________ 39
9.13.0 Employee Use of Computers and Electronic Communications Systems ________________ 40
9.14.0 Restrictions on Duty-Issue Firearms Possession __________________________________ 40
9.15.0 Cell Phone Usage (City-owned and Personal) ____________________________________ 40
9.16.0 Use of Personally-Owned Devices _____________________________________________ 41
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PERSONNEL POLICIES AND PRACTICES
OF
THE CITY OF LAKE FOREST
May 1, 2016
INTRODUCTION
The policies, as presented herein, shall constitute the Official Personnel Policies and Practices of The City
of Lake Forest for all regular fulltime and part-time employees of the City, except the City Manager.
These policies do not apply to temporary or seasonal employees. Administrative Directives governing
personnel and referred to throughout these policies are available for viewing and printing on the
Employee Information Site located at www.citylf.org. They are also available for employee inspection by
contacting the Human Resources Department.
EMPLOYMENT AT WILL
The intent of these policies is to give the employee a brief description and general
information concerning City employment policies.
The employment relationship between the City and its employees is employment at will,
which means that either the City or the employee may end the employment relationship at
any time, for any reasons, without notice, warning or cause. This means that in the absence
of a written employment agreement, the City and its employees shall not be bound to an
employment contract or a commitment to employment for a definite period of time. Either
party can terminate the employment relationship at any time and for any reason. Neither
these policies, nor any other policy, procedure or practice of the City constitutes a
contractual commitment between the City and its employees, and they do not prove any
guarantee or assurance of continued employment or a term or condition of employment for
any period of time.
The employment relationship may be governed by a number of sources, including but not
limited to The City of Lake Forest Charter, the City Code, the Personnel Policies and
Practices, Board of Fire and Police Commissioners Rules and Regulations, department
policies and procedures, state and federal law, statutes and regulations, and available
funding. All of the benefits provided to employees by these policies are subject to budgetary
constraints. Further, in the event any of the provisions of these policies conflict with the
terms of an applicable collective bargaining agreement, the terms of the collective
bargaining agreement shall govern. The City has the right to modify or eliminate its
employment policies from time to time in its sole discretion, without prior notice.
CORE VALUES
The core values of the City are important to the philosophy of the organization. These values are:
Integrity: Unconditional adherence to our moral and ethical values.
Respect: Being considerate and accepting of others.
Trust: Being dependable, demonstrating confidence and faith in others and being willing to
let go and to empower others.
Excellence: Commitment to professional growth, teamwork, optimum community service, and doing
what is right.
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PURPOSE/POLICY
It is the declared policy of The City of Lake Forest that employment in the City government shall be
based on merit, free from personal and political considerations, and that just and equitable incentives and
conditions of employment will be maintained to promote efficiency and economy in the operation of the
City government.
The City maintains that employees are its most important asset, whose health and safety are of the utmost
consideration. Therefore, providing a safe work environment is a matter of continuing concern, equal in
importance to all other operational considerations. (See Admin. Dir. Section 6, Employee Safety
Procedures)
In addition, all employees must be allowed to work in an environment free from unlawful discrimination
and harassment, including sexual harassment. The City prohibits sexual overtones and intimidation, as
well as any other form of sexual or other types of harassment in the workplace. The City also prohibits
anyone from taking any adverse action against an employee for making a good faith complaint of
harassment. (See Admin. Dir. 2-13, Anti-Harassment)
Violence in the workplace will also not be tolerated. Weapons are prohibited on any City property or job
site with the exception of sworn police officers, and all threats will be viewed with the assumption that
they will be carried out. All reports of such incidents will immediately be thoroughly investigated. If
found to be valid, disciplinary action will be taken, up to and including dismissal. The reporting
procedure outlined in the Anti-Harassment directive noted above may also be utilized for reporting acts of
violence. To the extent permitted by the Firearm Concealed Carry Act, any employee may store a firearm
or ammunition concealed in a case within a locked vehicle or locked container out of plain view within
the vehicle in the parking area of a City facility. Employees may not store a firearm or ammunition within
a vehicle in parking areas that constitute a prohibited area.
AUTHORITY
The City Manager, by City Council directive, is responsible for the administration of the following
personnel rules and regulations and is vested with full authority to establish by administrative directive
terms and conditions of employment consistent with policy established by the City Council.
POLICIES AND PRACTICES ESTABLISHED
If the following Personnel Policies and Practices conflict with the Rules and Regulations of the Board of
Fire and Police Commissioners of The City of Lake Forest with regard to fire and police employees, the
Board's rules shall be followed. Said Rules and Regulations are hereby made a part of these Personnel
Policies and Practices.
The employees who are covered by any applicable collective bargaining agreement (and any subsequent
Agreements signed during the duration of these policies) shall be governed by the provisions of those
agreements, to the extent that any of the Personnel Policies and Practices conflict with the agreements. In
all other circumstances, including where the agreements are silent, these Personnel Policies and Practices
shall govern.
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1. EMPLOYMENT POLICY
1.1.0 Authority to Employ Personnel
Authority to employ individuals for all positions in the City service, except offices appointed by the
Mayor (Police Chief) or by the Mayor with the advice and the consent of City Council (Fire Chief,
City Engineer, City Clerk), is vested in the City Manager.
1.2.0 Employment Procedure
It is the policy of the City to employ and fill vacancies on the basis of merit and, whenever it is in the
best interests of the City, to promote City employees to higher positions when vacancies occur.
The City also will make reasonable accommodations, as required by law, for qualified individuals
with disabilities unless doing so would result in an undue hardship. (See Admin. Dir. 5-2, Request for
Accommodation)
All persons seeking employment with the City shall first make electronic application to the
Department of Human Resources on the City website. Employees who are unable to submit an
application electronically will be afforded the ability to submit a paper application or offered another
form of accommodation as warranted. No person will be employed and placed on the City payroll
until appropriate and satisfactory background, employment, and medical examinations have been
completed and information necessary for pension plan, payroll deduction and other required data are
determined. (See Admin. Dir. 2-10, Medical Examination Policy)
Once hired, all employees will be given a comprehensive orientation program which addresses pay
and benefit issues, City policies and procedures, safety issues, instruction in the proper use of
equipment and any other factors necessary to enable the employee to perform in the job. (See Admin.
Dir. 2-8, Employee Orientation)
1.3.0 Equal Opportunity Employer
The City’s equal employment opportunity policy applies to all terms, conditions and privileges of
employment including hiring, probation, training, placement, promotion, transfer, compensation,
benefits and employee programs, discipline, termination, layoff and recall, and retirement. All
employees will be judged on the basis of merit, training, experience, ability to perform the job, and
compliance with applicable retirement and pension plan requirements. The City does not discriminate
against a person because of race, color, sex, religion, age, disability, national origin, ancestry, creed,
marital status, sexual orientation, citizenship status, military status, veteran status, genetic history,
pregnancy or any other class protected by law. Every person will be given an equal opportunity for
employment with the City, and the City shall comply strictly with all applicable Federal, State and
local employment and labor laws, including making reasonable accommodations for qualified
individuals with disabilities unless doing so would result in an undue hardship. (See Admin. Dir. 5-2,
Request for Accommodation)
1.4.0 Drug-Free Workplace
The use and misuse of alcohol and drugs by The City of Lake Forest's employees is contrary to a
drug-free workforce and workplace. The use of these substances increases the potential for accidents,
absenteeism, substandard performance, turnover, misconduct, poor employee morale, damage to
property, injury to the public and/or other employees, or degradation of trust in the City to effectively
service its citizens. In addition, employees who are “drivers” as that term is defined pursuant to the
Omnibus Transportation Employee Testing Act of 1992, and other employees in safety-sensitive
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positions, are subject to drug and alcohol testing as set forth in federal regulations and pursuant to
procedures described in two Alcohol and Drug Policies. (See Admin. Dir. 2-2, Alcohol and Drug
Policy for CDL License Holders, and 2-3, Alcohol and Drug Policy)
1.5.0 Employment of Relatives
In order to avoid an actual or potential conflict of interest in employee hiring, supervision and/or
allocation of duties, employment and personnel decisions shall not be made on the basis of nepotism
or under circumstances which reasonably create the appearance of nepotism to the public. For
purposes of this policy, the terms “immediate family” and “relatives” are a spouse, parents, parent in-
laws, siblings, sister/brother-in-laws, children. These types of relationships in the workplace are
strongly discouraged, however, case-by-case consideration will be given to any current employees
that would be adversely affected by a strict application of this policy.
a. The City generally does not permit two or more relatives to work in the same department,
division or section in circumstances where one relation occupies a position that supervises the
other relation or has influence involving the relation’s employment, promotion, supervision,
salary advancement or other personnel decisions. In the case of temporary positions, however,
more than one member of a family may be employed within the same department, and in the
same division or section, as long as a direct or indirect supervisory/subordinate relationship
between the relatives does not exist.
b. If employment of immediate family members exists, or is later established, or is deemed to be in
the best interest of the City, and an actual or potential conflict arises, the City Manager, the
Director of Human Resources and the appropriate Department Head(s) will endeavor to resolve
the conflict by conciliation, transfer or other appropriate action, including termination. These
situations will be resolved on a case-by-case basis. The City staff will present recommendations
in each such case to the PCA for review and approval.
c. This policy does not apply to those individuals who are uncompensated and who serve on The
City Council or advisory City Boards and Commissions. This policy also does not apply to the
hiring of persons whose application and appointment are under the jurisdiction of the Board of
Fire and Police Commissioners of the City.
1.6.0 Secondary Employment
No regular fulltime employee of the City is permitted to engage in any outside work, business venture
or other activity considered as secondary fulltime or part-time employment without the department
head's knowledge and written approval. Such employment will not be acceptable under a number of
conditions, including, but not limited to:
a. Where secondary employment would extend beyond 20 hours a week, except during an
employee's regular days off, holiday or vacation periods.
b. Where the nature or place of employment might bring disfavor on the City.
c. Where secondary employment would involve the employee's appearance in City uniform, involve
use of City equipment, or in any manner be considered as a conflict of interest with the
employee's municipal position.
d. Where secondary employment would involve running personal expenses through the City’s
accounts.
e. Where it appears that secondary employment has an adverse effect on the employee's attendance,
punctuality or sick leave record.
f. Where secondary employment impairs the employee's ability to discharge the duties and
responsibilities of his/her City job.
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g. Where an employee might be considered to be using his/her City position to influence, to solicit
business for the outside employment, or where there is any appearance of impropriety.
Employees who engage in secondary employment shall do so only with the understanding and
acceptance that their primary duty, obligation and responsibility is to The City of Lake Forest. All
City employees are subject to call at any time for emergencies, special assignment, or overtime duty,
and no secondary employment may infringe on this obligation.
No non-exempt employee will be allowed to work secondary employment within another department
of the City. Exempt employees will be allowed to work secondary employment within another
department of the City only with the approval of the Director of Human Resources and City Manager.
These limitations do not apply to employees who are working in two positions for the City as of May
1, 2005.
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2. OFFICIAL PAY PLAN
2.1.0 The Official Pay Plan
The salary ranges and position titles as maintained by the Department of Human Resources shall
constitute the Official Pay Plan for all employees of The City of Lake Forest except the City
Manager.
2.2.0 Administration of Pay Plan
The City Manager, as chief administrative officer of the City, shall be responsible to the City Council
for the administration and interpretation of the Official Pay Plan and shall set salaries for all
employees within the limits of the salary ranges established herein. The City Manager shall apprise
the City Council from time to time regarding the appropriateness of municipal salary levels, taking
into consideration cost of living, area employment conditions, level of employee performance and
other appropriate factors. All salary adjustments shall be authorized by the City Manager following
consideration of recommendations by department heads, who shall certify each employee's eligibility
and qualifications for such salary adjustment. The City Manager shall apprise the City Council of
compensation adjustments for the Executive Staff during the annual budget review process or at the
time of original appointment. The City Manager is further authorized to establish and administer an
employee evaluation and development program to be used to determine employee job effectiveness,
performance, and individual employee development. Such a program serves as an important factor in
consideration of employee salary adjustments. Additionally, the City Manager shall have the
authority to establish personnel review boards to administratively review and recommend employees
for probation and salary adjustments. (See Admin. Dir. 2-18, Employee Performance Compensation
and Evaluation)
2.3.0 Salary Administration Procedure
The following paragraphs detail the salary administration procedures for the City.
2.3.1 Establishment of Salary Ranges and Position Titles
The Official Pay Plan for City service consists of the established annual pay ranges and the titles of
regular, fulltime positions which are to be compensated within each pay range. The City Manager
recommends adjustments to the salary plan from time to time, which become effective when
approved by the City Council.
The Official Pay Plan establishes salary ranges which recognize that individual ability and exhibited
job performance are the basic considerations in salary administration. The Plan also recognizes that it
is desirable to provide the opportunity for employees to attain, within a reasonable period following
employment, a salary level appropriate to their position and skills exhibited based on their
performance. The various ranges are available upon request from the Director of Human Resources.
Pay Range: For the Operational, Clerical, Professional, and Supervisory Classifications, there are
seven steps within each range, with Step 1 being the lowest and Step 7 the highest. Progression
through each step is based solely on exhibited performance. Progression through the Managerial,
Administrative and Executive Classifications is based solely on exhibited performance.
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2.3.2 Applicability of Salary Ranges and Position Titles Schedule
Salary ranges represent fulltime compensation for each position title to be paid to regular, salaried
employees of the City. Pension participation will be required for non-sworn employees working
1,000 hours or more in a year.
2.3.3 Original Appointment
Employees shall normally be appointed at the minimum level of the range authorized for the position,
or Step 1. However, employees may be hired at a level higher than the minimum with the expressed
approval of the City Manager, who shall have authority to establish initial employment compensation
at any salary level within the range authorized by the City Council for the position. Employees
appointed at the initial increment for their position salary range shall be eligible for a salary increase
upon satisfactory completion of a probationary period and recommendation for salary adjustment by
the department head. In no case will a new employee be appointed to a step higher than Pay Step 4
unless special approval is granted by the City Manager. No employee shall be considered for regular
appointment or salary increase if he/she is determined to not satisfactorily perform the assigned duties
of the position.
The City Manager may authorize increases larger than one step, subject to budgetary constraints, if
the performance and skills exhibited during the probationary period warrant additional compensation.
2.3.4 Probationary Period
All persons employed by the City to fill a regular position shall serve a probationary period. Except as
noted below, such probationary period shall continue for six months, providing the employee's
performance is satisfactory. Such period may be extended not to exceed six additional months if, in
the opinion of the department head, Director of Human Resources and City Manager, an extended
period is necessary to fully evaluate the employee for regular appointment. Probationary employees
are not guaranteed employment through their probationary period and remain subject to termination at
the will of the City.
Sworn police and building inspectors serve a minimum 18-month probationary period. Sworn
firefighters serve a minimum 12-month probationary period which may be extended until paramedic
licensing has been achieved. Community Services Officers and Water Plant Operators serve a
minimum 12-month probationary period.
During the probationary period, the employee must exhibit an ability to learn and handle the job for
which he/she was hired. No employee shall be appointed regular employee status without having first
been thoroughly evaluated by his/her supervisor and having his/her performance discussed with them.
A decision as to whether the employee should be appointed to regular employee status will then be
made by the department head, the Director of Human Resources and the City Manager. Should
satisfactory job performance not be attained by the end of the period, the probationary period may be
extended for up to six months with the agreement of the department head, the Director of Human
Resources and the City Manager, or the employee shall be dismissed.
Upon successful completion of the probationary period as determined by the department head, the
employee will be appointed to “regular” employee status. Continued employment is dependent upon
the employee's satisfactory job performance, adherence to City and departmental rules and
regulations, honesty, and the City's available funding. Successful completion of the probationary
period and appointment to “regular” employee status does not alter the employee’s at-will
employment relationship. (See Admin. Dir. 2-18, Employee Performance Compensation and
Evaluation; and 2-5, Use of Personnel Action Report)
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2.3.5 Administration of Plan
Any new employee or an employee who has been promoted or transferred will receive a one-step pay
increase upon successful completion of the probationary period, called the initial step increase. In the
case of any employee promoted or transferred to Pay Step 7, this increase shall not be granted.
After the initial pay step increase, each subsequent increase will be based on the employee's annual
May 1 evaluation and will take into consideration demonstrated satisfactory job performance. The
increment salary increase shall generally follow the pay steps established by the City Council for the
particular salary class, except that employees may receive a larger increase upon the approval of the
City Manager if performance and skills demonstrated clearly warrant such consideration. Smaller
incremental salary increases may also be granted if job performance does not warrant a full step
increase. In those instances, a performance improvement plan (PIP) may be developed to assist the
employee in improving performance.
2.3.6 Pay Plan Adjustments
Based on economic conditions and other factors, the pay plan may be periodically adjusted by the
City Council. At the time of such adjustments, all regular, fulltime employees will be eligible for
salary increase consideration at the newly assigned salary rate or any portion thereof, depending on
their evaluation applicable to their respective salary classification.
A department head, upon a formal evaluation of any employee and following consultation with said
employee, can recommend that no increase be granted based on a failure to perform assigned duties in
a satisfactory manner. If an adjustment is withheld, a performance improvement plan may be
established with the employee, and the employee may be reevaluated at an established time set by the
department head and the Director of Human Resources. An adjustment may be granted by the City
Manager when said employee's performance has improved to a satisfactory extent, however, any
missed steps or back pay increases will not be made up in order to have the employee “catch up” to
where their pay would have been with satisfactory performance.
2.3.7 Promotions
Promotions in the City service shall be based upon merit and ability to fulfill the requirements of the
position as described. If in the best interests of the City, vacancies in higher positions will be filled by
promotion of qualified employees from subordinate jobs.
Promotional examination, education, oral interview, review of past work record and exhibited interest
are factors which may be considered in determining the qualifications of an employee for promotion.
All promotions are made upon department head recommendation to and approval by the City
Manager, unless otherwise vested with the Mayor and/or City Council. All employees promoted or
hired into a supervisory position will receive hands-on supervisory training as deemed appropriate by
the department head and Department of Human Resources. Such training may include but not be
limited to 10-Minute Manager segments; professional organization supervisor training programs
(IPELRA) and leadership programs (Midwest Leadership Institute); leadership readings and onsite
training developed and offered by the Department of Human Resources (i.e., Harassment, Alcohol
and Drug Awareness; FMLA and ADA).
When an employee is transferred or promoted from one position or salary range to another, his/her
salary may be adjusted by the City Manager and the employee may be placed on probation as
determined by the City Manager. The salary will be at an increment within the new salary range. In
the case of promotions, the City Manager may authorize a salary increase within the new salary range
which reflects the increased duties and responsibilities assigned the employee. The City Manager
shall recommend to the City Council promotional candidates for those positions appointed by the 58
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Mayor and/or City Council as set forth in Article VI of the City Code (Police Chief, Fire Chief, City
Engineer, City Clerk).
2.3.8 Job Transfers
Job transfers are of two types: (1) those requested by the employee, and (2) those made by the City,
either temporary or permanent, where the best interest of departmental operations is served. Such
changes shall occur only upon approval of the City Manager.
Any employee may be required by the City to perform in another department of the City when
necessary or proper for the efficient and effective use of personnel in carrying out the business of the
City.
2.3.9 Reclassification
An employee's position may be re-established by the City Manager to a higher or lower salary range
to properly reflect assigned duties and responsibilities and subject to budgetary constraints. The City
Manager shall have the authority to reassign and place an employee at a lower salary range.
2.3.10 Resignations, Layoffs
To resign from City service in good standing, an employee shall give his/her department head at least
two week's written notice of his/her intention to resign. Under exceptional circumstances, the City
Manager may waive the two-week notice requirement, thereby allowing the employee to leave in
good standing.
Any City employee may be laid off without reflection on his/her standing for lack of work or funds.
The City usually will attempt to give at least two weeks’ notice of the effective date of a layoff to
each regular employee affected. (See Admin. Dir. 2-30, Severance Pay)
2.3.11 Tree Trimmer Pay
Forestry employees who are classified as tree trimmers shall receive tree trimmer pay in the amount
of $50 per month in addition to their established monthly rate.
2.3.12 Additional Duty Pay
The City Manager shall have the authority to assign additional duty responsibilities on an as-needed
basis to regular employees which will be special or collateral assignments in addition to the
employee's regular position. Employees receiving additional duty pay will only receive the pay as
long as the additional responsibilities are required of that employee; the pay is not guaranteed.
Employees assigned an additional duty position shall be eligible, upon authorization by the City
Manager, for a salary adjustment, which shall be in effect only so long as authorized by the City
Manager and subject to budgeting constraints. (See Admin. Dir. 2-14, Additional Duty Pay
Administration)
The standards for awarding additional duty pay shall be as follows:
a. The additional duties must represent skills not normally associated with the position classification
and its description.
b. The individual must be performing duties not normally assigned to the position and the additional
duties must represent forty percent (40%) of the individual's time.
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c. The individual must act as working leader for a crew of three (3) or more for sixty percent (60%)
of the individual's time. This must include: assigning personnel; directing personnel; being held
responsible for crew performance by first-line supervisor; and being assigned as acting supervisor
periodically.
d. The additional duties must represent assigned managerial responsibilities either as an “acting” or
“interim” position or as an “assistant to” position.
Performance will be considered in making annual additional duty pay evaluations.
2.3.13 Additional Merit Pay
The City Manager, with the concurrence of the City Council, shall have the authority to establish an
additional merit pay policy as defined in Administrative Directive 2-22.
2.3.14 Longevity Pay
In addition to regular compensation and in recognition of continued service to the City, employees are
eligible for $35 per year of service after 5 years through 9 years; $40 per year of service beginning 10
years through 14 years; $45 per year of service beginning 15 years through 19 years. Employees with
more than 19 years receive $75 per year of service. Subject to budgetary constraints this sum shall be
paid in a lump sum amount during December each year, and years of service shall be calculated as of
December 31 of the year in which the longevity pay is being paid. It is subject to all normal
withholding. Employees who leave employment prior to the issuance of the longevity checks will not
receive the longevity bonus.
2.4.0 Positions
2.4.1 Department Heads and Staff Assistants
The City Manager shall, within established salary levels approved by the City Council, have full
discretion and authority to periodically adjust salaries of those persons in the Executive, Managerial,
and Administrative classifications of the Pay Plan. Performance of such professional personnel will
be reviewed at least annually on May 1. Increases shall not extend salary levels beyond the maximum
annual rates established for the positions unless it is determined that the employee deserves a merit
adjustment based on exhibited performance. The City Manager shall apprise the City Council of any
such salary adjustment.
2.4.2 Job Sharing
The City recognizes that allowing fulltime employees with special needs to share their regular,
fulltime positions with another employee without reducing the efficiency of the position or the
established hours of work for the position is often beneficial.
Any regular, fulltime employee in good standing may apply in writing to the department head for
approval of a job-sharing arrangement. All requests will be forwarded to the Director of Human
Resources for review and coordination. If an appropriate person solely at the City’s discretion is not
found to share the position within 60 days, the request will be denied.
All job-sharing arrangements shall be governed by a job sharing agreement, which is effective for a
maximum period of 12 months, but can be canceled with 30-days’ notice by the employee or the City.
The agreement may be extended upon a written request from the employee and approval of the
department head. (See Admin. Dir. 2-12, Job Sharing Program)
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2.5.0 Residency Requirement/Housing Allowance Compensation
Although highly desirable, most employees are not required to maintain residency within the City
limits. Fire and police sworn personnel not covered by a collective bargaining agreement must live
within a 27-mile radius of the Public Safety Building. Police and Fire sworn personnel covered by a
collective bargaining agreement must abide by the terms of the agreement. Employees of these two
departments must have the express permission of the Chief of Police or Fire Chief and the approval of
the City Manager to reside outside those limits. All other City employees, except as noted below,
must live within a reasonable distance to the City that will not prevent them from fulfilling the duties
and responsibilities of their position.
The City Council recognizes that it is sometimes desirable and in the best interest of the community
to have certain members of the staff reside within the City. These positions may consist of the
following:
City Manager
Police Chief
Fire Chief
Director of Public Works
Director of Community Development
Each position will be considered on an individual basis. The City Manager is authorized to require
such residency and to provide housing assistance, with prior concurrence of the City Council, to those
employees if they are required by the City Manager to establish their residency within the City. The
City Manager's housing compensation will be determined solely by the City Council.
2.6.0 Emergency Response Personnel
Employees required to make emergency responses may, at the department head's discretion, be
allowed to take City vehicles home at night. This exception is being made to accommodate those
individuals who require immediate access to equipment and radio communications in emergency
situations. (See Admin. Dir. 1-12, Assigned Vehicle Use)
2.7.0 Fringe Benefits
The City has established policies and guidelines for the proper handling and taxing of certain
employee fringe benefits to ensure compliance with IRS guidelines. Included in these benefits are
guidelines on uniforms, logo wear, laptop computers and other miscellaneous items that may be
subject to being taxed. (See Admin. Dir. 2-15, Employee Fringe Benefits)
2.8.0 Deductions from Exempt Employee Salaries
Exempt employees are not answerable merely for the number of hours they work. They work as few
or as many hours as are necessary to accomplish the tasks expected of them. For this reason, and
subject to the exceptions below, City policy provides the compensation of exempt employees should
not be reduced for any partial-day absence (other than intermittent or reduced schedule FMLA leave);
any partial-week absence occasioned by the City or its operating requirements, including holidays and
partial-week shutdowns; or because of variations in the quality or quantity of work performed.
Deductions from the compensation of exempt employees are proper under the following
circumstances:
a. Partial day absences for intermittent or partial day FMLA leave;
b. Full-day absences for personal reasons, other than sickness or disability;
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c. Full-day absences due to the employee’s own sickness or injury (including work-related injuries
and FMLA-related absences). Such deductions will be made in accordance with the City’s paid
time off plans and state worker’s compensation laws and regulations;
d. Deductions from pay for penalties imposed in good faith for infractions of safety rules of major
significance;
e. Any portion of a workweek that the exempt employee does not work at the commencement and
termination of employment; and
f. Full workweeks in which no work is performed.
The City reserves the right to require an employee to utilize paid time off benefits for partial-day
absences occasioned by personal reasons or by the employee’s own illness or injury. The City also
reserves the right to offset from an exempt employee’s compensation any amount received in a
particular workweek in jury duty fees, witness fees or military pay.
Improper deductions from the salary of exempt employees are a serious violation of City policy. The
City encourages any exempt employee who believes his or her salary has been improperly reduced to
report the problem immediately to his or her immediate supervisor or the Director of Human
Resources. The City will review the deduction to determine if it was proper. The review process may
require the employee to provide information or present documents to the City. The employee will be
notified of the results of the City’s review. If the City determines that the deduction was improper, the
employee will be reimbursed for the improper deduction as soon as practicable. Employees are
assured that the City is committed to comply, and expects all supervisors and managers to comply,
with this policy and to carefully avoid making improper deductions from the salary of exempt
employees. Employees also are assured that no retaliatory action will be taken for reporting improper
deductions. Employees who suspect retaliation should report their concerns immediately to his or her
immediate supervisor, the Director of Human Resources or the City Manager.
Note: The City’s attendance and disciplinary action policies are applicable to exempt employees even
though an absence may not be one for which a deduction from salary may be taken.
3. HOURS OF WORK
3.1.0 Workweek Defined
The workweek commences at 12:01 a.m. on Sunday and ends at midnight on the following Saturday.
Except as otherwise provided in this Part 3, the hours of work comprising fulltime City employment
shall be 40 hours per week and a minimum of 1,000 hours per year. For Fire Department personnel,
including Paid-on-Premise personnel, it shall be 204 hours averaged over a 27-day period; and for
Police Department personnel, it shall be 171 hours averaged over a 28-day period. It is the personal
responsibility of each employee to be at his/her work station and fully prepared to begin work at the
time the established departmental shift/work day begins.
3.2.0 Workday Defined
The workday for each employee shall be the 24-hour period from the time that work is scheduled to
begin until that time shall occur again. This definition shall be used whenever workday is referred to
in these policies. A 30-minute unpaid meal break is included as part of the workday unless otherwise
defined for specific positions.
3.3.0 Overtime Work
It is the policy of the City to keep work in excess of established schedules at a minimum and to
permit such work only when it is necessary to meet City operating requirements. All overtime work
performed by a nonexempt employee must be approved by the employee's immediate supervisor prior
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to the work being performed. Unauthorized overtime work will subject the employee to discipline,
including dismissal.
3.4.0 Established Hourly Rate Defined
The established hourly rate shall be at the rate specified in Section 2, Official Pay Plan, for the
position salary range held by the employee at the time the overtime compensation is earned. The rates
established by the Official Pay Plan shall be the official rates for all overtime compensation.
3.5.0 Compensation for Overtime Work
Employees shall be compensated for overtime work at the following rates:
a. Police Department – Eligible sworn police personnel covered by the collective bargaining
agreement shall be compensated as determined by their agreement. Sworn police personnel not
covered in the bargaining unit shall be compensated at 1½ times their established regular rate,
computed on a per-hour basis for all authorized police work in excess of the regularly scheduled
8¼-hour work day and beyond the regularly scheduled work week, and for all authorized police
work when called back after normal working hours or on regularly scheduled days off, including
holidays. Whenever eligible sworn police personnel not covered by the collective bargaining
agreement are called back to work on a temporary basis, a minimum of two hours of overtime
compensation will be paid.
b. Fire Department – Eligible sworn fire personnel covered by the collective bargaining agreement
shall be compensated as determined by their agreement. Sworn fire personnel not covered in the
bargaining unit shall be compensated at 1½ times their established regular rate, computed on a
per-hour basis for all authorized fire work in excess of the regularly scheduled 24-hour work day
and beyond the regularly scheduled work week, and for all authorized fire work when called back
after normal working hours or on regularly scheduled days off, including holidays. Whenever
eligible sworn fire personnel not covered by the collective bargaining agreement is called back to
work on a temporary basis for emergency calls, a minimum of two hours of overtime
compensation will be paid.
c. Public Works, Parks and Forestry Personnel – Eligible regular fulltime and part-time
employees in these areas shall be compensated at 1½ times their regular rate, computed on a per-
hour basis for all authorized work in excess of the normal working day and beyond the regularly
scheduled work week and for all authorized work when called back after normal working hours
on regularly scheduled days off, including holidays. Fulltime and part-time employees will be
compensated at 1½ times their regular rate for any authorized work in excess of 40 hours in a
work week. In the event that shift changes are approved which increase the regular work day but
cause the work week to remain at 40 hours, overtime will not be compensated until the hours
worked extend beyond 40 hours per week. Whenever an employee in these sections, who is
eligible to receive overtime, is called back to work on a temporary basis from off-duty status, a
minimum of two hours of overtime compensation at 1½ times the hourly rate will be paid. During
snow removal emergency shift work, employees shall be paid as determined by the snow removal
policy.
d. All Other Regular Fulltime and Part-Time Employees – Eligible regular fulltime and part-
time employees, except as noted above, shall be compensated at 1½ times their regular rate,
computed on a per-hour basis for all authorized work in excess of the normal working day and
beyond the regularly scheduled work week and for all authorized work when called back after
normal working hours on regularly scheduled days off, including holidays. Fulltime and part-time
employees will be compensated at 1½ times their regular rate for any authorized work in excess
of 40 hours in a work week. In the event that shift changes are approved which increase the 63
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regular work day but cause the work week to remain at 40 hours, overtime will not be
compensated until the hours worked extend beyond 40 hours per week. Whenever an employee of
this category is called back to work on a temporary basis, a minimum of one hour of overtime
compensation will be paid.
e. Compensatory Time
It is the policy of The City of Lake Forest to schedule overtime work only when deemed
necessary to meet City operational needs. Regular, fulltime, non-exempt employees in the
following departments may elect to take compensatory time-off in lieu of overtime compensation
by signing the appropriate agreement for their department or if covered by any applicable
collective bargaining agreement (and any subsequent agreements signed during the duration of
these policies): Community Development, CROYA, Finance, Human Resources, Office of the
City Manager, Public Works, Parks and Recreation and Senior Resources. Compensatory time-off
will be granted to the participating employee at a rate of 1.5 hours of compensatory time for every
hour of overtime worked.
Compensatory time-off may not be taken unless the participating employee has received prior
approval from his or her department head. Once a participating employee has worked overtime
and received approval from his or her department head, the employee may schedule and take his
or her earned compensatory time-off. A participating employee who has accrued compensatory
time and has requested its use will be permitted to use that time within a reasonable period after
making the request, so long as the use of that compensatory time-off does not unduly disrupt the
operations of the City or the Department. Participating employees requesting compensatory time
off must adhere to the same rules set forth for department vacation requests.
No participating employee shall accumulate more hours of compensatory time during a given 12-
month period as set forth in the appropriate agreement he or she signed. Once a participating
employee works overtime to the extent that he or she accrues the maximum compensatory time
hours, the employee will be paid overtime compensation for any further overtime hours worked.
Accrued hours will not be carried forth into a new 12-month period as set forth in their
agreement. Employees will be issued a check for all compensatory time not used within the
defined period in which it was earned equal to the number of hours accrued. The City may at any
time substitute overtime cash payments in exchange for compensatory time-off hours.
The City reserves the right to modify this policy and the accrual, use, and payment of
compensatory time-off at any time upon notice to affected employees, subject to applicable
federal and state law.
f. No Pyramiding – Hours worked shall not be counted twice for purposes of overtime pay (that is,
no pyramiding). Vacation or personal day hours shall not be counted toward daily or weekly
overtime if the employee works on his or her scheduled vacation or personal day.
3.6.0 Positions Ineligible for Overtime Compensation
The overtime compensation provisions of Section 3.5 of this Directive shall not apply to positions in
the Managerial and Administrative or Executive pay plan schedules of the Official Pay Plan of The
City of Lake Forest or other positions determined to be exempt by the department head, Director of
Human Resources and City Manager based on the Fair Labor Standards Act and Illinois Minimum
Wage Act guidelines.
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3.7.0 Flex Time
Office employees may be eligible to take time off during their normal workday and make the time up
at another time. This may include, but not be limited to, time off for such things as personal business,
doctor/dental appointments, and school visitation. This time must be requested in writing to the
department head or his/her designee at least 24 hours in advance and approval will depend on
available staffing levels. The written request must include the reason for the request, the date and time
needed off and when the time will be made up. No time will be granted in excess of three hours, and
it must be made up within the same seven-day work period. In certain emergency situations, the
department head has the discretion to waive the 24-hours advance notice requirement.
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4. HOLIDAYS WITH PAY
4.1.0 Days Designated
The City of Lake Forest holidays shall be as listed below, unless changed by the City Manager.
Holidays will normally be paid based on an 8-hour shift, excluding year-round special shifts such as,
but not limited to, Fire and Sanitation.
1. New Year's Day January 1
2. Personal Day Earned January 1
(day of employee's choice with department head
approval in lieu of Martin Luther King Day)
3. Personal Day Earned February 1
(day of employee's choice with department head
approval in lieu of Presidents' Day)
4. Personal Day Earned May 1
(day of employee's choice with department head approval)
5. Memorial Day Federal Holiday
6. Independence Day July 4
7. Labor Day First Monday in September
8. Veterans Day November 11
9. Thanksgiving Day 4th Thursday in November
10. Thanksgiving Friday Friday after Thanksgiving
11. Christmas Eve Day December 24
12. Christmas Day December 25
Personal days must be used within the calendar year in which they are earned. Time remaining on
January 1 of the following year will be deleted from the employee’s accruals unless special
arrangements are made in advance with the employee’s department head. Should special
arrangements be made, the department head will complete a personnel action form noting the
exception. Police and Fire personnel must use these days within the fiscal year.
4.2.0 Holiday Falling on Weekend, Working Days
When any of the above holidays falls on a Sunday, the following Monday is considered the holiday; if
any falls on Saturday, the preceding Friday is celebrated as the holiday. For employees who maintain
essential City services or who work on shift assignments, or for regular employees on vacation, the
policy shall be followed that when a holiday falls on one of their regular days off or during their
vacation period, they receive another day off as scheduled by their department head.
For those who receive another day off in lieu of the holiday, the time must be used within the fiscal
year in which it is earned. Time remaining on May 1 of the following fiscal year will be deleted from
the employee’s accruals unless special arrangements are made in advance with the employee’s
department head in consultation with the Director of Human Resources. Should special arrangements
be made, the department head will complete a personnel action form noting the exception.
Whenever Christmas Eve and/or Christmas Day falls on a Saturday or Sunday, the preceding Friday
and following Monday will be observed as the Christmas Eve and Christmas Day holidays unless
otherwise designated by the City Manager.
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4.3.0 Holiday Bonus
When a probationary or regular fulltime employee is scheduled to work a minimum eight-hour shift
on a City holiday, that employee will receive a holiday bonus of $140. Employees “swapping” days
with a regularly scheduled employee will be eligible to receive this holiday bonus in lieu of the
person with whom they “swapped”. For employees working shifts in 24-hour/7-days-a-week
departments, the employee who works the official holiday is paid the bonus, not the employee who
works the “celebrated” holiday (i.e., if July 4 falls on a Saturday and is celebrated by the City on
Friday, July 3, the employee who works on July 4 receives the bonus). This bonus is subject to all
normal withholding. It does not apply to employees who are called back for emergency work, but
only those scheduled to work as part of their normal shift in order to maintain appropriate coverage.
Employees called back for emergency situations or coverage will be covered under Section 3.5.0 of
these policies. Executive Classification employees are exempt from this holiday bonus. Employees
covered by a collective bargaining agreement shall be compensated as determined by their agreement.
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5. LEAVE POLICY
5.1.0 Vacation Schedule
Completed Hours Accrued Hours Accrued
Years of Service Per Pay Period Per Year
1 to 5 3.08 80
6 3.38 88
7 3.69 96
8 4.00 104
9 4.31 112
10 4.62 120
11 4.92 128
12 5.23 136
13 5.54 144
14 5.85 152
15-19 6.15 160
20 6.46 168
21 6.77 176
22 7.08 184
23 7.38 192
24+ 7.69 200
Vacation hours accrued at the end of each pay period are available for use, dependent upon individual
department policies and the department head's discretion. New employees may use the vacation
benefits accrued with their department head’s discretion. Employees are not allowed to use vacation
time before it is earned, thus creating a negative balance.
A regular part-time employee will earn vacation and holiday time with pay equal to the percentage of
time worked compared to a regular, fulltime employee.
Due to different hours of work, Fire Department personnel working shift assignments shall accrue
vacation benefits at an equal, but different formula rate than other municipal employees. The annual
accrual is the same.
Vacation leave should be taken on consecutive days. Eligible leave should be taken during the fiscal
year earned or it is subject to forfeiture as provided below. Depending upon departmental or personal
circumstances, a period of vacation leave may be restricted to two (2) weeks at any one period and, in
certain cases, eligible vacation may be deferred to the following fiscal year with the approval of the
City Manager. Every effort will be made to grant vacation during periods requested by employees,
consistent with the operational needs of the various departments. The City reserves the right, by action
of the department head and the City Manager, to approve or disapprove actions with regard to granting
of vacation requests.
Holidays observed or periods of significant illness occurring during a vacation leave period are not
charged against vacation leave, but are charged against applicable holiday or sick leave.
Employees are not permitted the choice of working for extra pay instead of taking their vacation.
However, in special circumstances, when in the best interests of the City and upon the approval of the
City Manager, the City may purchase a portion of the accrued vacation of an employee at the
employee's then-established salary rate.
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Employees are not permitted to accrue more vacation than they earn in one year plus 80 hours (112
hours for sworn fire personnel). Time exceeding the earned amount plus the 80 hours (112 hours for
sworn fire personnel) on May 1 of the fiscal year will be deleted from the employee’s accruals unless
special arrangements are made in advance with the employee’s department head in consultation with
the Director of Human Resources. Should special arrangements be made, the department head will
complete a personnel action form noting the exception.
Upon separation from City service, a regular employee will be paid for accrued but unused vacation
leave, up to their allowable annual maximum plus 80 hours (112 hours for sworn fire personnel). If
an employee separates from City service and has been given special permission to accrue more
vacation in that year, as described above, the employee will be paid out for any of those accrued
hours at the time of termination.
5.2.0 Sick Leave with Pay
All regular, fulltime employees accrue paid sick leave benefits at the rate of 3.69 hours per pay period
to a maximum of 960 hours. An employee who utilizes sick leave for an entire pay period does not
earn sick leave for that period.
Sick leave with pay is authorized only if employees notify their department head or immediate
supervisor of the necessity for absence in advance of the assigned time to start work. An employee
whose work requires a substitute for a particular shift assignment is required to give reasonable
notification in advance of the assigned time to start. An employee using paid sick leave benefits is not
authorized to work secondary employment while unable to work for the City unless authorized by the
employee’s department head.
Sick leave with pay may be used for:
a. Any bona fide personal illness, injury or pregnancy.
b. Quarantine for contagious disease.
c. Doctor/dental appointments.
d. Illness of immediate family member (includes parents, in-laws, children, spouse, siblings and
grandparents or at the department head's discretion)
As a condition to the granting of paid sick leave benefits, any employee may be required to file a
certificate of health examination by a practicing physician approved by the City and conform to any
medical advice contained therein as directed by the City Manager. A Personnel Action Report must
be filed whenever an employee is out for 3 consecutive work days, and a signed medical release must
be received in order for the employee to return to work. If, in the opinion of the City Manager upon
recommendation of the department head and Director of Human Resources, an employee is unfit to
perform essential functions of the job with or without accommodation, or if the health or safety of
other employees or the public is jeopardized, such employee may be offered the opportunity to apply
for eligible pension or disability benefits and may be granted a leave of absence without pay or may
be separated from City service. (See Admin. Dir. 2-5, Use of Personnel Action Form)
While every effort will be made to accommodate employee requests, use of sick leave under items c
and d may be denied if emergency situations exist or staffing levels require the employee's presence.
In a case of very serious or prolonged personal illness, an employee who uses all accumulated sick
leave may use all accumulated vacation and holiday leave for sick leave purposes before being
removed from full pay status. However, regardless of any other City policy or procedure, the time on
leave for a prolonged personal illness or on light duty may not exceed six (6) months (or 30 days
beyond the expiration of benefits pursuant to the Public Employee Disability Act for fulltime sworn
police and fire personnel entitled to such benefits), even if the employee has not exhausted all 69
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accumulated leave, unless an exception is made by the City Manager or otherwise required by law,
such as by the leave requirements of the Family and Medical Leave Act or the accommodation
requirements of the Americans with Disabilities Act. Upon exhaustion of the above benefits, the
employee may have the opportunity to apply to the appropriate pension or retirement plan for eligible
disability benefits or for a leave of absence as defined in Section 5.6 of this policy. (See Admin. Dir.
2-6, Limited Duty Policy)
Every year, employees who use four or fewer sick days may choose to receive a payout of some of
their unused sick time, based on the following table:
# of sick days
used during the
year
# of days that may be
paid out (at 100% of
salary)
Amount of sick days employees
may accrue
(up to maximum of 960 hours)
0 days 5 days Balance of their 12 days
(12 – (days used) – (days paid out))
1 or 2 days 3 days Balance of their 12 days
(12 – (days used) – (days paid out))
3 or 4 days 1 day Balance of their 12 days
(12 – (days used) – (days paid out))
5 or more days No payout Balance of their 12 days
(12 – (days used) – (days paid out))
The payout is valued at 100% of salary, and it doesn’t matter how many hours the employee has saved
in their sick bank, only how many sick days the employee used that year. Usage of more than four (4)
hours of sick time during a scheduled shift, including partial hours, will constitute use of a sick day for
purposes of this policy. For firefighters, use of a sick day refers to one 16-hour shift, but, for purposes
of this policy, payouts are made based on an 8-hour day. The employee can choose to receive this
payout in cash less standard withholdings, or they may have it transferred to their 457 account on a
pre-tax basis.
If an employee’s total sick leave accrual has reached the 960-hour maximum, the employee will not be
permitted to bank any additional sick leave. However, the employee may still participate in the payout
options described in this policy.
If an employee's total sick leave accrual has not reached the 960-hour maximum, and the employee
elects to take an annual payout, any sick time not paid out will be placed into a separate accrual bank
that may not be paid out at a later date. If the employee elects not to take an annual payout, all sick
leave will be placed into a separate accrual bank that may be paid out at a later date. The two banks
together cannot exceed 960 hours.
On separation in good standing, an employee having time accrued and not previously bought down
will be eligible for a buyout based on the following guidelines: a minimum accrual of 480 hours and
not more than 952 hours of sick leave shall receive compensation equal to 20% of all hours accrued at
the employee's current straight pay rate; an employee having a minimum of 953 hours of sick leave
accrued shall receive compensation equal to 40% of all hours accrued at the employee's current
straight pay rate. Employees who have not accrued at least 480 hours of sick leave or who have done
an annual payout will not receive any compensation for that time upon separation from employment.
Illinois Municipal Retirement Fund (IMRF) allows retiring members who joined before June 1, 2014,
up to one year additional pension service credit for unpaid, unused sick leave accumulated with their
last employer. One month of service is credited for every 20 days, or fraction thereof, of unpaid,
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unused sick leave not to exceed 240 days (one year). Those who joined IMRF on or after June 1, 2014,
cannot convert unused, unpaid sick leave to service credit.
5.2.1 Voluntary Sick Leave Donation Program
All regular full- and part-time employees with a minimum of 160 hours of sick leave on the books
may be eligible to donate up to 40 hours of accumulated sick leave per occurrence (more with
department head approval) to another regular full- or part-time employee who has a catastrophic
illness or injury either to themselves or an immediate family member.
A catastrophic illness or injury is one that is expected to incapacitate the employee or an immediate
family member for an extended period of time, provided taking extended time off work creates a
financial hardship for the employee because all sick leave and other paid time off has been exhausted.
Examples may include, but are not limited to, life threatening injury or illness, cancer, AIDS, heart
surgery, stroke, etc. An immediate family member includes parents, in-laws, children, spouse,
siblings and grandparents or at the department head's discretion.
The employee receiving donations (recipient) must have exhausted all available leave (sick, vacation,
holiday, etc.) before becoming eligible to apply for this program. To apply, the employee must notify
the Director of Human Resources in writing of his/her desire to have a notice posted requesting
donated time. No donations will be accepted without the recipient’s written request.
Employees wishing to donate time (donors) should notify the Director of Human Resources in
writing, noting how much time they wish to donate and whether or not they wish to remain
anonymous in their donations. They will have the time deducted from their sick leave banks and this
time will not count towards any other buy-back programs. However, the donors will not be penalized
in any way by having this time deducted, such as being included in any other sick leave incentive
programs.
All donated time must be in increments of 8 hours and will be considered on an hour-for-hour basis,
regardless of the pay level of the donor and recipient. Any unused donated time will be returned to the
donors on a prorated basis.
This policy shall in no way extend the time off beyond 6 months unless an exception is made by the
City Manager or otherwise required by law and will work in conjunction with all other City policies.
5.3.0 Emergency Leave
Absences because of death of a member of the immediate family (includes parents, in-laws, children,
spouse, siblings and grandparents or at the department head's discretion), when the employee's
presence is required away from work, can be taken as paid emergency leave. The use of leave for this
purpose shall not exceed 24 hours in a calendar year, and only when specifically authorized by the
employee's department head. Time in excess of 24 hours must be taken from the employee's accrued
vacation time and must be approved by the department head.
Hospitalization of any member of the immediate family when it can be clearly shown that an
employee's presence is required can also be used as paid emergency leave. Immediate family includes
parents, in-laws, children and spouse only. The use of leave for this purpose shall not exceed 24 hours
in a calendar year. Time in excess of 24 hours must be taken as sick leave and have department head
approval.
In the case of leave for a hospitalization, if the leave is foreseeable based on planned medical
treatment, employees are required to make a reasonable effort to schedule the treatment so as not to
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disrupt unduly the operations of the department, and also required to provide 30 days advance notice,
or, if the treatment is in less than 30 days, such notice as practicable.
The emergency leave consists of a total of 24 hours per year, whether used for a funeral or
hospitalization, and the employee is not compensated if the leave is not used.
5.4.0 On-the-Job Injury and Disability Leave
If an employee is injured on the job, no matter how slightly, the injury must be promptly reported to
the immediate supervisor and a written accident report filed. Medical and hospital expenses incurred
due to bona fide work-related injuries will be paid in accordance with City policy and applicable
provisions of the Illinois Worker's Compensation Act, provided proper and prompt notice of the
accident has been reported by the employee to the department head. (See Admin. Dir. 6-3, Accident
and Injury Investigation)
A regular fulltime employee on injury leave may be compensated up to a maximum of 30 calendar
days at the salary rate he/she was making at the time of the accident, less deduction of the amount
paid by the City's Worker's Compensation insurance carrier (fulltime sworn police and fire personnel
entitled to benefits pursuant to the Public Employee Disability Act are covered for up to 365 calendar
days). After the 30-day time period (or 365-day time period for fulltime sworn police and fire
personnel who are entitled to benefits pursuant to the Public Employee Disability Act), employees
may elect to use accumulated sick leave and/or vacation credits to continue receiving full pay. If so,
the employee will be charged at a rate of 33-1/3% from accumulated leave. Should the employee not
elect such action or should all such accumulated credits be exhausted, the employee may apply for
disability under provisions of the applicable retirement or pension fund. Once the employee is no
longer receiving full compensation from the City, he/she may be eligible to receive compensation
payable under the Illinois Worker's Compensation Act in addition to eligible retirement or pension
fund benefits. (See Admin. Dir. 2-6, Limited Duty)
This policy shall in no way extend an employee's total leave period or time performing light-duty
work beyond six (6) months (or 30 days beyond the expiration of benefits pursuant to the Public
Employee Disability Act for fulltime sworn police and fire personnel entitled to such benefits) unless
an exception is made by the City Manager or otherwise required by law. This policy will be applied in
conjunction with all other City policies. (See Admin. Dir. 2-6, Limited Duty Policy)
All vacation, sick leave and holiday leave earned while on injury leave shall accrue at the employee's
regular rate.
5.5.0 Military Service, Training
The City will follow all applicable Federal, State and local laws regarding employees who are
required to fulfill a military commitment.
5.6.0 Family Military Leave Act
Any employee who has been working for at least 12 months, who has worked at least 1,250 hours in
those months, and who is the parent or spouse of a person called to state or United States military
service lasting longer than 30 days is entitled to unpaid family military leave of up to 30 days while
the deployment order is in effect. If leave will consist of five or more consecutive work days, at least
14 days’ notice is required. Employees taking leave for less than five consecutive work days must
give as much advanced notice as is practicable. Employees requesting leave must consult with their
supervisor to schedule the leave so it does not unduly disrupt the operations of the City. An employee
may not take family military leave unless the employee has used all accumulated vacation leave and
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holiday leave. The City may require certification from the proper military authority to verify the
employee's eligibility for the family military leave requested.
5.7.0 Leave of Absence
The City Manager, in his/her discretion, may grant a leave of absence with or without pay to any
regular employee a period as the City Manager may determine, not exceeding twelve (12) consecutive
months. All requests for such leave must be submitted in writing by the employee via his/her
department head to the City Manager. Such leave will be granted only when it will not adversely
affect departmental operations and is not detrimental to the best interests of the City.
Upon expiration of the approved period of absence, the employee may be reinstated in the position
held at the time leave was granted. An employee who fails to return to full duty at the expiration of
the leave shall be deemed to have resigned and will be separated with cause.
During the leave of absence, the employee will not be eligible for City benefits. Should the employee
wish to remain covered by the City's insurance during the leave of absence, COBRA laws will apply
unless the leave is a paid leave, in which case the insurance will be paid in the same manner as if the
employee were actively working.
5.8.0 Absence Without Leave
Absence of an employee from duty, including any absence for a single day or part of a day, that is not
specifically authorized shall be without pay and serve as a basis for disciplinary action. An employee
who absents himself/herself from the job for three consecutive days without authorized leave shall be
deemed to have resigned and will be separated with cause.
5.9.0 Family and Medical Leave (FMLA Leave)
Employee Eligibility, Leave Entitlement, and Job Restoration
Employees who have been employed by the City for at least12 months and who have worked at least
1,250 hours during the prior 12 months may take up to 12 weeks of unpaid leave per 12-month period in
accordance with the Family and Medical Leave Act of 1993 (“FMLA”). The 12-month period shall be
measured forward from the date an employee first uses any family and medical leave. (“FMLA
leave”).
FMLA leave is available for the following reasons:
• For incapacity due to pregnancy, prenatal medical care or child birth;
• To care for the employee's child after birth, or placement for adoption or foster care;
• To care for the employee's spouse (including a same-sex spouse), son or daughter (leave
rights are extended to those who assume the role of caring for a child regardless of the
legal or biological relationship if the requisite family relationship exists), or parent,
who has a serious health condition; or
• For a serious health condition that makes the employee unable to perform the employee's job.
• Military family leave for a qualifying exigency.
• Military Family leave to act for caregiver purposes.
A serious health condition is an illness, injury, impairment, or physical or mental condition that involves
either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a
condition that either prevents the employee from performing the functions of the employee's job, or
prevents the qualified family member from participating in school or daily activities. Subject to certain
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three (3) consecutive calendar days combined with at least two (2) visits to a health care provider or one
(1) visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a
chronic condition. Other conditions may meet the definition of continuing treatment. In most cases,
serious health conditions do not include short-term conditions, such as the cold, flu, earache, upset
stomach, or a migraine.
In the case of FMLA leave for serious health conditions, the leave may be taken intermittently or on a
reduced-hours basis if such leave is medically necessary. If the need for intermittent or reduced-hours
leave is foreseeable based on planned medical treatment, the employee generally must schedule the
treatment in a manner that does not unduly disrupt the City’s operations. Also, if intermittent or reduced-
hours leave is required, the City may temporarily transfer the employee to another position with
equivalent pay and benefits that better accommodates such leave.
In the case of an FMLA leave for the birth or placement of a child, intermittent or reduced-hours leave
cannot be taken without the approval of the Department Head and Director of Human Resources. If
both spouses are employed by the City, the combined FMLA leave for the birth or placement of a
child, or to care for a parent who has a serious health condition, shall not exceed 12 weeks.
Employees who return to work from an FMLA leave within their maximum 12 weeks per 12-month
period will be reinstated to their former position or to an equivalent position with equivalent pay,
benefits, and other employment terms and conditions. However, an employee has no greater right to
reinstatement or to other benefits and conditions of employment than if the employee had been
continuously employed by the City during the FMLA leave period. Therefore, if changes in the City’s
business occur during an employee’s FMLA leave and the employee would have been terminated, laid
off or reassigned had he/she been on active status, the employee is not guaranteed reinstatement.
If an employee does not return to work following the conclusion of FMLA leave, the employee will be
considered to have voluntarily resigned, unless the employee requests and is granted a personal leave of
absence or remains off work on an approved leave. In either case, the City cannot guarantee the
availability of a position when the period of leave exceeds the job-protected leave period provided by the
FMLA. In addition, certain key employees may be denied restoration to their prior or an equivalent
position.
Military Family Leave: Qualifying Exigency
Eligible employees make take up to 12 weeks leave for a “qualifying exigency” arising out of the
foreign deployment of the employee’s spouse, son, daughter, or parent who is a member of the Armed
Forces (including the National Guard and Reserves) and who is on covered active duty or has been
notified of an impending call or order to covered active duty. Qualifying exigencies include (i)
addressing any issues that arise from the short-notice deployment (deployment within 7 or fewer days
of notice); (ii) Attending military events and related activities, such as official ceremonies, programs,
events and informational briefings, or family support or assistance programs sponsored by the
military, military service organizations, or the American Red Cross that are related to the member’s
deployment; (iii) certain childcare and related activities (e.g., arranging for alternative childcare,
providing childcare on a non-routine, urgent, immediate need basis, enrolling in or transferring a child
to a new school or day care facility); (iv) care of the military member’s parent who is incapable of
self-care; (v) making or updating financial and legal arrangements; (vi) attending counseling for the
employee, the military member, or the child of the military member; (vii) certain post-deployment
activities within 90 days of the end of the military member’s covered active duty; and (viii) taking up
to 15 calendar days of leave to spend time with a military member who is on short-term, temporary
Rest and Recuperation leave during deployment.
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Military Family Leave: Caregiver
Eligible employees may also take up to 26 weeks of leave to care for a covered service member or a
covered veteran during a single 12-month period. A covered service member is a current member of
the Armed Forces, including a member of the National Guard or Reserves, who is receiving medical
treatment, recuperation, or therapy, or is in outpatient status, or is on the temporary disability retired
list for a serious injury or illness. A serious injury or illness is one that is incurred by a servicemember
in the line of duty on active duty that may cause the servicemember to be medically unfit to perform
the duties of his or her office, grade, rank, or rating. A serious injury or illness also includes injuries or
illnesses that existed before the servicemember’s active duty and that were aggravated by service in
the line of duty on active duty.
A covered veteran is a veteran who is undergoing medical treatment, recuperation, or therapy for a
serious injury or illness and meets each of the following criterion:
• was a member of the Armed Forces (including a member of the National Guard or Reserves);
• was discharged or released under conditions other than dishonorable; and
• was discharged within the five-year period before the eligible employee first takes FMLA military
caregiver leave to care for him or her.
Note: With respect to military family caregiver leave, an eligible employee is limited to
a combined total of 26 weeks of leave for any FMLA-qualifying reasons during the single 12-month
period. Up to 12 of the 26 weeks may be for an FMLA-qualifying reason other than military family
caregiver leave.
Notice And Certification
Requests for FMLA leave should be submitted in writing to the employee’s Department Head. The
Department Head should immediately forward the request to the Director of Human Resources.
Employees must provide 30 days’ advance notice of the need to take FMLA leave when the need is
foreseeable. When 30 days’ notice is not possible, the employee must provide notice as soon as
practicable and generally must comply with the City’s normal call-in procedures for reporting
absences. Leave to accommodate planned medical treatment should, when possible, be scheduled to
avoid disruption of City operations. Employees taking intermittent leave must comply with the City’s
normal call-in procedures unless their condition precludes them from doing so. Employees must
provide sufficient information for the City to determine if the leave may qualify for FMLA protection
and the anticipated timing and duration of the leave. If an employee seeks leave for a reason for which
he or she has previously been granted FMLA leave within the past 12 months, the employee must
specify the reason for which FMLA leave was previously taken.
After receiving a request for FMLA leave, the City will inform the employee whether he or she is
eligible under the FMLA. If the employee is eligible, the City will inform the employee about any
additional information the employee must provide to qualify for FMLA leave as well as the
employee's rights and responsibilities concerning FMLA leave. If the employee is not eligible for
FMLA leave, the City will inform the employee why he/she is not eligible.
Employees requesting FMLA leave may be required to submit a certification from their health care
provider establishing the existence of a serious health condition, the need for the leave and its probable
duration. The medical certification form may be obtained from the Director of Human Resources’ office.
When required, such certification must be submitted as soon as practicable, but, in no event, later than 15
calendar days after the request. If the City concludes that an employee’s medical certification is
insufficient, it will notify the employee in writing of the additional information that is necessary to
complete the certification. The employee then has seven (7) calendar days to provide the requested
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information. The City reserves the right to require a second and/or third medical opinion by a health care
provider of its choice.
The City will then inform the employee whether leave will be designated as FMLA-protected and, if
known, the amount of leave that will be granted. The City will also notify the employee if it
determines that the leave is not FMLA-protected.
Employees on FMLA leave must periodically notify the Director of Human Resources of their status and
intention to return to work, and may be required to submit periodic medical recertifications. Employees
who are expecting to return to work early from FMLA leave must inform the Director of Human
Resources as soon as practicable. In addition, in order to return to work after an FMLA leave due to the
employee’s own serious health condition, the employee must submit a certification from his/her health
care provider that the employee is able to resume work and perform the essential functions of the
employee's job, i.e., fit for duty. An employee will not be returned to work until the employee has
submitted this documentation.
Failure to meet the notice and certification requirements may result in denial of a request for leave;
counting the employee’s days off against his or her attendance record; disciplinary action, up to and
including termination; or denial of reinstatement following the leave.
Prohibition On Working
As with other forms of leave, except where express authorization is given, employees on FMLA leave
are prohibited from performing any work, paid or unpaid, for any other person or entity, including the
employee’s own business. Violations of this prohibition may result in FMLA leave being revoked and
the employee’s prior days off being counted against his or her attendance record; disciplinary action,
up to and including termination; or denial of reinstatement following the leave.
Health Insurance And Other Benefits
During an FMLA leave, the City will continue to pay its portion of the group health insurance premiums,
and the employee must continue to pay his/her share of the premiums (including the employee’s share of
any premium increases). The employee’s failure to pay his/her share of the premiums will result in loss
of coverage. If the employee does not return to work after the leave expires, the employee must
reimburse the City for all premiums the City paid during the leave, unless the employee does not return
because of the continuation, recurrence or onset of a serious health condition, or other circumstances
beyond the employee’s control.
Employees will not lose any employment benefits earned and accumulated before their FMLA leave
begins. However, employees on illness and disability leaves, including leaves for their own serious
health condition, must use all accumulated sick leave and then all accumulated vacation and holiday
leave. Employees on leave for the birth or placement of a child must use all accumulated vacation and
holiday leave. An employee on leave for the birth or placement of a child may not use accrued sick
leave. Use of accumulated leave for an extended period for any reasons covered under this policy will
be considered as part of the 12 (or 26) weeks of FMLA leave. Upon exhaustion of FMLA leave, the
employee may request an unpaid leave of absence as defined in Section 5.6 of these policies.
Employees will continue to earn additional paid vacation days and sick days during their FMLA leave
only for so long as they remain in a paid status under the terms of this policy.
Enforcement
An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit
against an employer.
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FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or
local law or collective bargaining agreement which provides greater family or medical leave rights.
This policy is intended to comply with the Family and Medical Leave Act of 1993, as
amended, and its regulations. The City will be guided by the specific provisions of the
FMLA and related regulations issued by the U.S. Department of Labor when interpreting
and applying this policy in individual cases.
5.10.0 Victim's Economic Security and Safety Leave
Eligibility and Leave Entitlement
Pursuant to the Victims' Economic Security and Safety Act ("VESSA"), employees who are victims
of domestic or sexual violence, or have a family or household member who is a victim of domestic or
sexual violence, are permitted to take up to twelve (12) weeks of unpaid leave during any twelve
(12)-month period to:
a. Seek medical attention for, or to recover from, physical or psychological injuries caused by
domestic or sexual violence to the employee or a family or household member;
b. Obtain services from a victim services organization for the employee or a family or household
member;
c. Obtain psychological or other counseling for the employee or a family or household member;
d. Participate in safety planning, relocating, or taking other actions to increase the safety of the
employee or a family or household member; or
e. Seek legal assistance or remedies to ensure the health and safety of the employee or a family or
household member.
Notice and Certification
Employees must give their immediate supervisor or department head at least 48 hours advance notice
of their intention to take leave unless such notice is not practicable.
The City may require certification to verify that the employee or the employee’s family or household
member is a victim of domestic or sexual violence or to verify that leave is for one of the five
purposes listed under “Eligibility and Leave Entitlement.”
Health Insurance and Other Benefits
During the leave, the City will continue an employee’s health care coverage on the same basis as
prior to the leave. The City may recover the premium it paid for maintaining coverage if:
a. The employee fails to return from leave after the period of leave to which the employee is entitled
has expired; or
b. The employee fails to return from leave for any reason other than the continuation, recurrence, or
onset of domestic or sexual violence that entitles the employee to leave under VESSA, or other
circumstances beyond the employee’s control. The City may require the employee to submit a
certification that he or she is unable to return to work. All information provided to the City will
be kept confidential unless disclosure is requested or consented to in writing by the employee or
otherwise required by applicable federal or state law.
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Employees will not lose any employment benefits earned and accumulated before their VESSA leave
begins. Employees may elect to use their earned and accumulated paid vacation days and sick days in
conjunction with their VESSA leave and should notify their immediate supervisor if they choose to
do so. Employees will continue to earn additional paid vacation days and sick days during
their VESSA leave only for so long as they remain in a paid status under the terms of this policy.
Reinstatement
The City will restore an employee to his or her former position or to an equivalent position with
equivalent pay, benefits, and other employment terms, provided the employee returns to work at the
end of his or her scheduled leave.
The City fully supports the concept of VESSA leave. Accordingly, the City will not interfere with or
restrain any employee in the exercise of VESSA leave rights, nor will it retaliate or discriminate
against anyone who seeks to enforce these rights.
5.11.0 Pregnancy Accommodation
Pursuant to the Pregnancy Accommodation Amendment to the Illinois Human Rights Act, effective
January 1, 2015, the City will accommodate pregnant employees. Under the Act, pregnancy is
defined as “pregnancy, childbirth, and conditions related to pregnancy and childbirth”. It is a civil
rights violation with respect to pregnancy, childbirth, and related conditions:
a. not to make reasonable accommodations, if so requested, unless it can be demonstrated that the
accommodation would impose an undue hardship on the ordinary operations of the City;
b. to deny employment opportunities or benefits to or take adverse action against an otherwise
qualified job applicant or employee;
c. to require a job applicant or employee to accept an accommodation that the applicant or employee
chooses not to accept; or
d. to require an employee to take leave under any leave law or policy of the City if another
reasonable accommodation can be provided.
Employees who would like to make a request for accommodation under this policy should contact the
Human Resources Department. The City may request an employee to provide certain information
from her health care provider regarding the request for accommodation. Upon presentation of
medical documentation supporting the need for a workplace accommodation, the City will consider
accommodation of pregnancy to the extent such accommodation does not pose an undue hardship
on the ordinary operation of the business of the City.
5.12.0 Miscellaneous Leave Policies
Department heads have authority to approve vacation, jury duty (when the employee receives an
official summons), on-the-job injury leave, emergency and sick leave with pay. Such leaves of
absences may be requested by the employee, approved by the department head and reported to the
Human Resources Department. Leaves of absence for other purposes, with or without pay, may be
authorized by the City Manager.
A regular employee selected for jury duty may be granted a leave of absence and receive his/her
regular salary. Any jury pay or fees shall be signed over to the City.
In cases where an employee attends court sessions as a defendant, subpoenaed witness or plaintiff in
conjunction with that employee’s employment, the employee may be paid for the period of absence.
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An employee receiving full pay shall sign over to the City any payments received for court
appearances.
Blood Component Therapy donors must register their participation in the program with their
supervisors. They may be excused with pay to participate in this program provided there is an
immediate need by the blood bank.
The City complies with the Illinois School Visitation Rights Act by allowing employees to take up
to eight hours of unpaid leave per school year, with no more than four hours being taken in one day.
An employee requesting leave under this Act must provide a written request for the leave at least
seven days in advance, except in the case of emergencies. This leave is intended to be used as a last
resort by employees who have no other paid (vacation or personal) leave available and who have
made every attempt to schedule the visit during non-working hours. The employee must provide
his/her supervisor with documentation of the visit as provided by the school administrator within 2
working days of the school visitation. If notice is not provided within the required time frame, the
employee is subject to the City’s standard disciplinary procedures for unexcused absences. This is
unpaid leave, however, the City will make every effort to accommodate an employee who wishes to
make up the time, provided it is not disruptive to normal City operations.
Voting Leave – The City encourages employees who desire to do so to exercise their right to vote
before or after working hours. Employees who are registered to vote and who are not otherwise able
to vote outside working hours are eligible to receive up to two (2) hours off with pay in order to vote
in a general or special election, or an election where propositions are submitted to a popular vote. All
requests for such time off must be submitted to an employee's immediate supervisor or department
head two (2) days prior to the election day and the City may specify the hours during which
employees may absent themselves from work in order to vote.
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6. RETIREMENT AND DEFERRED COMPENSATION
6.1.0 Retirement, Pension Plans
Regular fulltime, regular part-time employees working over 1,000 hours in a year shall be covered by
retirement or pension plans in accordance with statutory requirements. The authorized retirement and
pension plans for City employees shall be the Illinois Municipal Retirement Fund, the Police Pension
Fund and the Firefighters' Pension Fund.
Plan members who first participated in the plans on or after January 1, 2011 will be considered Tier 2
members and their benefits will be defined by this tier of their appropriate pension fund.
6.2.0 Deferred Compensation Plan
Employees may participate in a deferred compensation plan as authorized by the City Council.
Employees must execute Joinder Agreements with the applicable organization, and the agreements
must be approved by the City Manager.
Employees have the option of utilizing the $150 City contribution to the Flexible Spending Account
as a contribution to their deferred compensation account as described under Section 8.6 of these
policies.
6.3.0 Out-of-State Service Credit
Employees participating in the Illinois Municipal Retirement Fund may be eligible to be credited with
additional time on their pensions if they have participated in a public employee pension system in
another state prior to joining the City. Applications will be considered by the City Council if the
employee is in good standing and has been with the City for a minimum of two years but not more
than three years. Requests received after the three-year timeframe will not be considered.
Consideration will be on a case-by-case basis, and approval will be based on various factors including
budgetary constraints. The employee is responsible for initiating the application process through the
Human Resources Department. All applicable IMRF rules apply.
6.4.0 Retiree Health Savings Plan
All regular fulltime and regular part-time employees will be required to participate in a Retiree Health
Savings Plan (RHS) as authorized by the City Council by having 1% of their salary placed into an
RHS account. Before-tax contributions will be placed into the individual accounts at the beginning of
each quarter, with payroll deductions occurring on a per-pay-period basis. This section shall not apply
to collective bargaining agreements.
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7. DISCIPLINE, GRIEVANCES AND FEEDBACK
7.1.0 Procedure in Handling Disciplinary Action, Grievances
The City Manager, as the chief administrative officer of the city, is responsible to the Mayor and City
Council for the administration of all affairs, departments and offices of the City. As directed by the
City Manager, department and division heads are responsible for the maintenance of a high standard
of efficiency on the part of assigned employees, and for enforcement of good discipline, safety and
proper personal conduct. They are authorized to use appropriate disciplinary measures as approved
by the City Manager. Such action may consist of a warning or the recommendation for demotions,
suspensions without pay or dismissal, even for a first offense, as defined below:
Warning — written reprimand.
Demotion — Reduction in salary or assignment to a position of less responsibility or both.
Suspension Without Pay — Temporary separation from the City service without pay for disciplinary
purposes where the cause is not considered sufficiently grave to require dismissal.
Dismissal — Permanent separation from the City service for such causes including, but not limited to,
serious misconduct (on or off duty); insubordination; unsatisfactory job performance; dishonesty;
violation of the City’s alcohol and drug-free workplace policies; carelessness, negligence or violence
toward City property, fellow employees or the public; endangering other employees and/or the public
through careless, negligent or substandard job performance; unauthorized or excessive absences;
habitual tardiness; or personal acceptance and appropriation of any fee, reward, gift, tip or other
remuneration received solely for the performance of official duties or in connection with his/her
municipal employment.
The City generally endorses the practice of corrective counseling. However, the level of discipline to
be applied in a specific circumstance will be determined solely by the City and discipline shall not be
issued in any particular order or manner. The City may consider the seriousness of the offense, the
repetitive nature of the action, and the employee’s prior work and disciplinary record when handing
out discipline.
The disciplinary procedures set forth in this policy do not apply to police and fire personnel who are
subject to the disciplinary rules set forth in the Illinois Municipal Code and in applicable collective
bargaining agreements. (See Admin. Dir. 2-19, Disciplinary Procedures)
7.2.0 Appeals from Disciplinary Action
Upon notification by the department head, an employee receiving disciplinary action of a suspension
or dismissal has the right to a hearing before the City Manager. The employee must file a written
request within 48 hours of notification of the disciplinary action which states the basis of the appeal
and the remedy that is being requested. The decisions of the City Manager made in accordance with
approved policy shall be final. This does not apply to employees covered by the Board of Fire and
Police Commissioners. (See Admin. Dir. 2-19, Disciplinary Procedures)
7.3.0 Insurance Ramifications
Any employee suspended for more than 30 days may maintain their City-provided insurance at their
own expense. An employee who is dismissed may or may not be eligible for continuation of medical
and dental coverage at their expense. Federal COBRA guidelines will apply.
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7.4.0 Employee Feedback
To create an organization-wide environment for the expression of ideas, concerns and opinions of all
employees, a communication system has been established to supplement the organization’s formal
chain-of-command. This feedback process has been undertaken to involve employees in the decision-
making process, to create teamwork, to develop effective communications and cooperation
throughout the organization and to build employee commitment to organizational goals. (See Admin.
Dir. 2-11, Organizational Feedback/Information Sharing)
7.5.0 Ethics Hotline
The City has created an Ethics Hotline to provide an anonymous reporting system to bring
concerns to the attention of City administration. The Hotline can be accessed in one of two ways:
Telephone (866-529-2445) or
The Internet (www.citylf.org and click on the Ethics Hotline logo)
Accountability in government, financial responsibility and delivery of quality services are key
components to preserving the public’s trust. All employees share the responsibility to ensure that the
City demonstrates this accountability, as well as the proper stewardship of the financial resources and
property entrusted to us. The City is committed to creating a working environment in which ethical
behavior is central. The obligation to report the misuse of funds, misconduct or violations of City
policy resides with all employees. Use the ethics hotline system to express concerns, raise complaints
and ask questions. Employees may voice their concerns, complaints and questions anonymously,
although doing so may make it difficult for the City to properly investigate if insufficient information
is provided.
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8. INSURANCE AND HEALTH BENEFITS
All of the benefits provided by the City are subject to the terms of the relevant insurance policies.
The City has the right to change benefits and policies from time to time. In an effort to create
informed, responsible consumers of the insurance benefits, the City may work with an Employee
Benefit Committee to further this cause.
8.1.0 Authorization for Payment of Health Insurance Premium
Upon written application, group medical insurance coverage is available to all regular employees.
The Basic Plan is designated as the City’s basic health plan.
The City will pay a portion of the cost of the health insurance plan for individual employee coverage.
If desired, employees may extend coverage to their families; the City will pay a portion of the cost of
the total health insurance plan for dependent coverage on a monthly basis as approved by the City
Council.
Application for these benefits must be made within thirty (30) days from the date of employment or
during an annual open enrollment period.
8.2.0 Authorization for Payment of Dental Insurance Premium
Upon written application, group dental insurance coverage is available to all regular employees.
Application for these benefits must be made within thirty (30) days from the date of employment or
during and annual open enrollment period.
The City will pay all or a portion of the cost of the total dental insurance plan for individual employee
coverage. If desired, employees may extend coverage to their families by paying the dental insurance
plan dependent coverage portion.
8.3.0 Authorization for Payment of Life Insurance Premium
Upon written application, group life insurance with accidental death and dismemberment coverage
may be available to all regular employees with additional voluntary coverage available for employee
purchase.
8.4.0 Health and Dental Insurance Program for Retired Employees
Employees who retire may continue their health and dental insurance at their expense. This benefit
will be administered in a manner as set forth in Administrative Directive 2-20, Continued Benefits for
Retired Personnel.
8.5.0 Employee Assistance Program
The City has made arrangements with Family Services of Lake County whereby employees and/or
their family members can receive counseling. A family member is defined as a spouse, child or
parents. The first 12 sessions will be paid for entirely by the City. The City will pay 75% of the next
12 sessions. Thereafter, should counseling continue past 24 sessions, the City will pay 50%. The
employee will be charged for the portion of the fee the City does not pay (i.e., 25% and 50%) on the
basis of ability to pay. When a period of time has elapsed between counseling sessions, Family
Services of South Lake County will make the determination on whether or not it is a new event or a
continuation of a previous event for billing purposes.
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Other types of programs may also be available. To find out about any additional programs, the
Director of Human Resources should be contacted. (See Admin. Dir. 2-3, Alcohol and Drugs;
Admin. Dir. 2-2, Alcohol and Drug Policy for CDL Holders)
8.6.0 Flexible Spending - FLEX
All fulltime and regular part-time employees are allowed to participate in the FLEX PLAN. The
Internal Revenue Code Section 125 permits employees to take advantage of current tax laws, while
providing some flexibility in benefit selections.
The City will provide $150 per flex plan year for each regular employee to be used for unreimbursed
medical expenses only. Regular part-time employees will receive a pro-rated amount to be used for
unreimbursed medical expenses. Employees will be allowed to make contributions to cover
reimbursement (before-tax dollars) in the following areas:
• Medical insurance premium
• Dental insurance premium
• IMRF Voluntary Life insurance premium
• Certain AFLAC premiums
• Vision care (examination, prescription glasses)
• Hearing care (examination and aid)
• Prescription drugs
• Day care services ($5,000 annual maximum)
• Medical and dental care deductibles
• Unreimbursed medical and dental expenses
Should an employee choose, the $150 City contribution may be placed in a deferred compensation
program. Employees must insure they do not exceed the maximum allowable contribution amount by
use of the $150 in this manner.
Whichever option chosen, employees will have to "Think Healthy" in order to receive the $150
contribution by doing something from a list of healthy options. This will be explained each year prior
to the time to sign up for the flex plan.
The flex plan runs from January 1 through December 31 of each year. Every eligible employee,
whether they receive the $150 City contribution or not, will be asked to make an election to
participate in this program in December. Those choosing to participate will have their elected amount
withheld through payroll deductions based on 26 pay periods. Those not wishing to participate must
sign the form in the area noting that they decline.
All funds contributed to the flex account must be used within the year in which they are pledged.
Employees have 90 days following the end of the plan year to submit charges to the flex account,
however, the charges must have been incurred during the plan year and must be received by the plan
administrator with appropriate documentation before the end of this 90-day period. Any unused funds
are not reimbursable to the employee, but will be used for employee benefits or functions.
8.7.0 Continuation of Benefits
The right to COBRA Continuation Coverage was created by a federal law, the Consolidated Omnibus
Budget Reconciliation Act of 1985, as amended (COBRA). COBRA Continuation Coverage can
become available to employees when an employee would otherwise would lose group health
coverage. It also can become available to other members of the employee’s family who are covered
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under the Plan when they otherwise would lose their group health coverage. The entire cost (plus a
reasonable administration fee) must be paid by the person. Coverage will end in certain instances,
including if the employee or dependents fail to make timely payment of premiums. Employees
covered by the City’s insurance have a right to choose this continuation coverage if they lose their
group health coverage because of a reduction in hours of employment or the termination of
employment for reasons other than gross misconduct.
A covered spouse has the right to choose continuation coverage if he/she loses group health coverage
for any of the following reasons:
a. Employee’s death.
b. Employee’s hours of employment are reduced;
c. Employee’s employment ends for any reason other than his or her gross misconduct;
d. Employee becomes entitled to Medicare benefits (under Part A, Part B, or both); or
e. Employee and spouse become divorced or legally separated.
In the case of the dependent child of an employee, he/she has the right to continuation coverage if
group health coverage is lost for any of the following reasons:
a. The parent-Covered Employee dies;
b. The parent-Covered Employee’s hours of employment are reduced;
c. The parent-Covered Employee’s employment ends for any reason other than his or her gross
misconduct;
d. The parent-Covered Employee becomes entitled to Medicare benefits (Part A, Part B, or both);
e. The parents become divorced or legally separated; or
f. The child stops being eligible for coverage under the plan as a “dependent child.”
Under the law, employees or a covered dependent has the responsibility to notify the Human
Resources Department in the event of divorce, legal separation, or a child losing dependent status
within 60 days of any of the above-named actions or the day coverage would end under the plan
because of the action, whichever is later. They will then be advised of their or their dependent’s
responsibilities relative to continuation of coverage. Under the law, the employee and/or dependent
has at least 60 days from the date of employer notification or the date they would have lost coverage
because of the event to let Human Resources know that they want continuation coverage.
Any children born or adopted during COBRA coverage are qualified beneficiaries and, as such, have
the same rights as employees. Consequently, COBRA participants may change their coverage status
upon the birth or adoption of a child.
If continuation of coverage is not chosen, the group health insurance coverage will terminate.
If they choose continuation coverage, the City is required to give coverage which, as of the time
coverage is being provided, is identical to the coverage provided under the plan to similarly situated
employees or family members. The law requires that employees be afforded the opportunity to
maintain continuation coverage for 36 months unless group health coverage is lost because of a
termination of employment or reduction in hours. In that case, the required continuation coverage
period is 18 months. However, the law also provides that continuation coverage may be cut short for
any of the following reasons:
a. The Employer no longer provides group health coverage to any of its employees.
b. The premium for continuation coverage is not paid.
c. They become covered under another group health plan as an employee or otherwise.
d. They become eligible for Medicare Part A or Part B, whichever comes first.
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Persons with COBRA continuation health coverage as a result of termination of employment (or
reduction in hours) and who are disabled under the Social Security Act at the time of the qualifying
event can extend the continuation period from 18 months to 29 months. To be eligible for this
extension, the qualified beneficiary must notify the Human Resources Department before the end of
the initial 18 months of COBRA coverage and within 60 days of receiving notice from Social
Security. In the event certification of disability under the Social Security Administration takes place
for any qualified beneficiary at the time or within 60 days of the time COBRA coverage begins,
coverage may be continued for 29 months. If the individual entitled to the disability extension has
non-disabled family members who are entitled to COBRA continuation coverage, the non-disabled
family members are also entitled to the 29-month extended period of coverage. The maximum
premium for the additional 11 months of coverage is 150% of the cost of coverage rather than the
102% rate set for the initial 18 months.
8.8.0 HIPPA Privacy Rule
The City complies with the HIPPA Privacy Rules in dealing with your personal health information
(PHI). (See Admin. Dir. Section 7)
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9. MISCELLANEOUS REGULATIONS
9.1.0 Physical Fitness
It shall be the responsibility of each employee to maintain the standards of physical fitness required
for performing his/her job. Whenever a department head determines that the mental or physical
condition of an employee is endangering the safety of fellow workers or causing the employee's
inability to perform essential job functions, the employee may be requested to submit to a medical
examination by a City-approved physician, without expense to the employee, for the purpose of
determining the employee’s fitness for duty (including whether the employee’s physical or mental
condition poses a threat to the employee or others).
If the employee is found not to be fit for duty, it shall be the duty of the employee, when
recommendations are made by the examining physician, to follow all directives and recommendations
concerning his/her physical condition or be subject to disciplinary action, including dismissal.
Where appropriate, the City will work with an employee who is a qualified individual with a
disability to provide his/her with a reasonable accommodation to allow him/her to perform his/her
essential job functions, provided the accommodation does not pose an undue hardship on the City.
Certain positions will be required to take regular physical exams based on OSHA standards. These
will be paid for by the City. (See Admin. Dir. 2-10, Medical Examination Policy)
9.2.0 Personal Use of City Property
The use of any City property for personal use is prohibited. However, the facilities at the Municipal
Services Garage may be used by regular City employees outside normal work hours. Special
guidelines apply. (See Admin. Dir. 6-7, Use of Fleet Maintenance Garage)
9.3.0 Political Activity
While on duty by the City, all employees shall refrain from soliciting or receiving any subscription,
contribution, or political service from any person for any political purpose pertaining to the
government of the City. Further, they shall not work at the polls (politically) or circulate petitions or
campaign literature for elective City officials while at work or on duty. Individuals employed by the
City in any capacity will not be considered for appointment to any City board or commission, except
as directed by State Statute (i.e., Police and Fire Pension Boards). The Mayor, with the approval of
the City Council, may waive this restriction if it is determined to be in the best interest of the City.
However, nothing in this section shall be construed to prevent employees from becoming or
continuing to be members of any lawful political organization, from attending lawful political
meetings, from expressing their views on political matters, or from voting with complete freedom in
any election.
9.4.0 Public Information
Information concerning the business and financial operations of the City is either routinely published
or available to outside interests through the Freedom of Information Act. Many times, however,
employees come in contact with unique information of a confidential nature. Information concerning
individual residents, or other employees is considered confidential and documents should not be
allowed to remain in plain view or issues discussed with anyone who does not have a need to know.
Any inquiries by the media or press should be referred to the City Manager or the appropriate
department staff in order to assure the correct spokesperson and correct factual information is
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released. It shall be the responsibility of the City Manager or his designate to verify and/or
disseminate all information released in the name of the City.
All have a responsibility to safeguard the confidentiality of individual residents and fellow
employees.
9.5.0 On-the-Job Safety
As a regular part of City employment, each employee is expected to conduct himself/herself and
handle equipment in such a manner as to avoid accidents. Employees are responsible for observing all
safety rules and using available safety devices and are responsible to report unsafe conditions or
equipment to their supervisor or department head. (See Admin. Dir. Section 6, Employee Safety
Procedures)
The Illinois Mandatory Seat Belt Law mandates the use of safety belts for both the drivers and front
seat passengers of public and private vehicles. The provisions of this law will apply as an official
policy to all City vehicles being driven on public roadways to, from or between job sites, and also
during extended periods of driving. Certain necessary exemptions are allowed under the law,
including those permitted for vehicles where the driver or passengers frequently stop and leave the
vehicle, provided the speed of the vehicle between stops does not exceed 15 miles per hour. The
following vehicles will therefore be exempted from the routine use of safety belts:
• Public Works scooters
• Vehicles used for mowing and litter pick up
• Vehicles used for catch basin cleaning and reading water meters
• Parking enforcement
These exemptions do not apply when these vehicles are being driven on public roadways to, from or
between job sites, and during extended periods of non-stop driving. The exemption only applies for
the periods when these vehicles will be frequently stopping or involved in non-roadway driving
situations.
To promote personal and vehicular safety, departmental safety committees shall be established to
investigate accidents and unsafe conditions. The committees will review details encompassing each
accident and unsafe condition, as requested, and will submit its findings with recommendations to the
department head, who will determine final disposition of each case. Disciplinary action up to and
including termination may be taken against employee(s) if employee negligence is proven to be a
factor contributing to the accident or the cause of an unsafe condition.
9.6.0 Public Relations
All City employees shall be responsible for providing municipal services to the public in a courteous,
polite manner free from discrimination because of race, color, sex, religion, age, disability, national
origin, ancestry, creed, marital status, sexual orientation, citizenship status, veteran status, military
status, genetic history or any other class protected by law.
9.7.0 Gifts and Gratuities
City services are not to be extended by employees in exchange for special awards, gifts or other
remuneration from outside individuals or organizations. When an employee receives any offering as a
result of their status as a City employee, such receipt must be reported in writing at once to their
department head and retention of the gift will be conditioned on the department head’s approval based
on department policy and in accordance with State and local laws then in effect.
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9.8.0 Patents
Any City employee inventing or designing a product for the City while in its employ shall enter into
all necessary and proper agreements to assign all that right and property interest in and to such design
and/or patent to The City of Lake Forest without compensation.
9.9.0 City-Owned Recreational Facilities
Upon showing either an employee I.D. card or proof of retirement from City service, a regular
fulltime or regular part-time employee or retired employee and his/her dependents, if non-residents,
may utilize the following at resident rates:
• Golf Course (memberships will be sold at the resident senior rate; special off-hour day rates
also may apply)
• Boat Ramp
• Beach*
• Library
• Recreation Center
*Current regular fulltime or regular part-time employees, retirees or spouse of a deceased retiree will
be eligible to receive one beach pass or City vehicle sticker, if a resident, at no cost each year.
9.10.0 Purchase of City Cemetery Lots
Any fulltime or regular part-time employee of The City of Lake Forest is eligible to purchase Lake
Forest Cemetery lots at the resident rate. (Authorized by the Lake Forest Cemetery Commission on
December 6, 1983.)
9.11.0 Smoking Ban
To set forth policies governing City employee compliance with the Lake Forest Smoking Ban
Ordinance, the following restrictions will be in place for employees:
• All buildings are smoke free, including the use of electronic cigarettes (e-cigarettes);
• No one is allowed to smoke within 25 feet of an entrance to any City building;
• Smoking is not allowed in any City vehicle;
• Smoking is not allowed in City parks;
• Smoking is not allowed at the train platforms;
• Smoking is not allowed in Market Square, including sidewalks in the Square;
• Smoking is not allowed at the Beach;
• Golfers are allowed to smoke at the Deerpath Golf Course, however, they must be 75-feet
away from the clubhouse; and
• Smoking is allowed in parking lots as long as it is not within 25 feet of an entrance to any
City building.
(See Admin. Dir. 2-28, Lake Forest Smoking Ban Ordinance Compliance)
9.12.0 Education/Training Reimbursement
Recognizing the correlation between formal education and training achievement and the level of
employee performance, an education/training reimbursement policy has been adopted based on
availability of funds to provide reimbursement for costs incurred while participating in certain
education and training activities. In order to receive reimbursement through this program, application
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forms must be submitted during budget preparation to the employee's department head, who will then
submit them to the Director of Human Resources if it is determined that the course meets the criteria
for reimbursement. (See Admin. Dir. 2-9, Education/Training Reimbursement)
9.13.0 Employee Use of Computers and Electronic Communications Systems
The Computers and Electronic Communications Systems (email, Internet, personal computers, smart
phones and tablets) is a valuable tool owned and maintained by the City. Use of the systems is
afforded to employees for the purpose of improving their ability to perform the duties of their jobs.
All users must abide by the terms and conditions of the policy. (See Admin. Dir. 2-4, Electronic
Communications Systems Policy)
9.14.0 Restrictions on Duty-Issue Firearms Possession
In order to comply with the requirements of a Federal law signed into law on September 30, 1996,
which enacted a prohibition on the possession by or transfer or sale of firearms to individuals
convicted of misdemeanor domestic violence crimes, the City must obtain information regarding
convictions for such offenses from those employees to whom the City provides a duty-issue firearm
or firearms. (See Admin. Dir. 2-23, Restrictions on Duty-Issue Firearms Possession)
9.15.0 Cell Phone Usage (City-owned and Personal)
The City has established guidelines for the safe usage of City-owned and personal cell phones and to
ensure compliance with IRS guidelines. Cell phone equipment owned or issued by the City is to be
used primarily to facilitate the conduct of official City business.
Employees assigned City cell phones must select one of two options regarding personal use of the cell
phones and sign an acknowledgement regarding their choice:
• Employees must sign an agreement that they will not use the City cell phone for personal
calls except in emergency situations or as noted below; or
• Employees may have their personal cell phone lines added to the phones issued by the City
and use those lines for personal calls with the provider billing the employee separately
Employees are not allowed to use City cell phones for personal calls unless they have chosen the
appropriate option noted above or unless they meet the following criteria:
• It reasonably could not have been made at another time. Examples of circumstances that may
be authorized use during regular work hours are:
o Calls to home or doctor if employee is injured or becomes sick at work.
o Calls to notify an employee's family or other appropriate parties of a schedule change
caused by official business or transportation schedule changes or delays.
o Calls when an employee is required to work overtime without advance notice. The call
may be to advise family or other appropriate parties of the schedule change and to make
alternate transportation arrangement or child care/dependent care arrangements.
• The call does not adversely affect the performance of duties by the employee and is of
reasonable duration.
Once a cell phone (City-owned or personal) is in use by a City employee certain "rules of the road"
must be followed to ensure the safety of the employee using the cell phone and anyone that employee
may come in contact with. The use of any wireless device while driving is prohibited. This includes
all cell phone, direct connect and two-way radio communication (with the exception of public safety
radios). Employees must use hands-free options in accordance with state law when the use of a cell
phone is required, refrain from discussion of complicated or emotional discussions and keep their 90
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eyes on the road. Special care should be taken in situations where there is traffic, inclement weather
or the employee is driving in an unfamiliar area. Employees whose job responsibilities include regular
or occasional driving and who use a cellular communication device, whether City-owned or
personal, are expected to refrain from using their phone while driving. Safety must come before all
other concerns. Regardless of the circumstances, including slow or stopped traffic, employees are
strongly encouraged to pull off to the side of the road and safely stop the vehicle before placing or
accepting a call. (See Admin. Dir. 2-16, Cell Phone Usage)
9.16.0 Use of Personally-Owned Devices
The City permits authorized employees to use their personally owned devices in conjunction with the
performance of their job duties, subject to the policies set forth in the City’s Administrative Directive
for the Use of Personal Mobile Devices for City Business. (See Admin. Dir. 2-4a, Use of Personal
Mobile Devices for City Business)
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The City of Lake Forest
FY2017 Vendor Approvals - May 2, 2016
Approved Approved Approved Approved Approved Proposed
Department Vendor FY2012 FY2013 FY2014 FY2015 FY2016 FY2017 Description:
PW-Streets Peter Baker & Son 30,000 55,000 55,000 Asphalt patching
City Manager Susan Kelsey 31,800 31,800 50,000 50,000 50,000 50,000 Professional Services - economic development
Human Resources Wright Benefit Strategies, Inc.33,000 33,000 30,000 30,000 30,000 Professional Services - employee benefits
Human Resources Clark Baird Smith 30,000 40,000 50,000 50,000 50,000 Professional Services - legal
Police Smith & LaLuzerne 46,000 46,000 55,000 55,000 50,000 50,000 Professional Services - City Prosecutor
Finance-IT ClientFirst Consulting 90,000 155,500 65,360 65,000 90,000 65,000 Professional Services - IT Consulting
Finance-IT Katten Muchin Zavis Rosenman 25,000 Bond Counsel Services
Finance-IT Speer Financial 25,000 25,000 35,000 Financial Advisory Services
City Manager Municipal GIS Partners, Inc.177,034 206,583 164,000 184,066 190,379 198,616 Professional Services - GIS Consortium
City Manager Whipple Consulting 36,000 36,000 36,000 36,000 36,000 20,000 Professional Services - public relations
PW-Engineering Gewalt-Hamilton Assoc 24,000 44,000 40,000 160,000 Professional Services - engineering consulting
City Manager Filippini Law Firm 340,000 290,000 Professional Services - legal
City Manager Lake County Press 25,000 26,000 Dialogue Publication
Community Dev.Thompson Elevator Inspection 24,700 25,000 Professional Services - elevator inspections
PW-Engineering T. Y. Lin International, Inc.80,000 80,000 Professional Services - engineering consulting
Non-Department North Shore Gas Company 40,000 45,000 45,000 45,000 Utility Services
Non-Department ComEd 52,000 60,000 75,000 75,000 Utility Services
PW-Fleet Bell Fuels Inc.50,000 50,000 Fuel supplier
PW-Sanitation Zion Landfill 300,000 300,000 Refuse disposal
Non-Department AT&T 54,000 60,000 55,000 55,000 Utility Services
Human Resources IL Dept of Employment Security 60,000 60,000 60,000 75,000 Unemployment insurance
Non-Department Constellation Energy Services 423,000 450,000 425,000 380,000 Utility Services
PW-Engineering H W Lochner Inc.88,000 88,000 Professional Services - engineering consulting
Miscellaneous Conserv FS 117,000 90,000 Fuel, fertilizer, herbicide, pesticide
PW-Fleet World Fuel Services, Inc.124,000 124,000 Fuel supplier
PW-Engineering HDR Engineering, Inc.550,000 Professional Services - engineering consulting
PW-Engineering Ayres Associates, Inc.75,433 42,883 53,737 GIS Data Provider
PW-Engineering Baxter & Woodman 20,000 Engineering Consulting
PW-Engineering ESRI 36,610 Software licensing
Human Resources IRMA 1,050,000 1,300,000 1,300,000 1,200,000 Member Contribution and Deductibles
Human Resources Morrison Associates 20,000 Employee Development/Training
Parks/Recreation NSSRA 225,000 235,000 245,000 249,633 Special Recreation Expenses
Parks/Recreation Richard Franklin 125,000 210,000 210,000 Independent contractor - golf instruction
PW-Fleet Al Warren Oil Company, Inc 233,000 300,000 250,000 Fuel supplier
Finance-IT HTE Sungard 65,000 65,000 Software maintenance/licensing - sole source
Finance-IT Siemens/Unify Inc.32,000 30,000 Phone system support
Community Dev.Lynch Construction 30,000 Community entrance signs
Finance-IT InterDev 40,000 IT Consulting Services
PW-Fleet Gas Depot, Inc 150,000 200,000 Fuel supplier
Finance-IT Call One 60,000 Telecommunication Services
Parks/Public Wks Mariani Landscape 60,000 Grounds Maintenance/Snow Removal
Submitted for City Council consideration: May 2, 2016 92
The City of Lake Forest
CITY COUNCIL
Proceedings of the Monday, April 18, 2016
City Council Meeting - City Council Chambers 6:30 pm
CALL TO ORDER AND ROLL CALL: Honorable Mayor Schoenheider called the meeting to order at
7:10pm, and Deputy City Clerk Margaret Boyer called the roll of Council members.
Present: Honorable Mayor Schoenheider, Alderman Waldeck, Alderman Beidler, Alderman
Pandaleon, Alderman Newman, Alderman Tack, Alderman Reisenberg, Alderman Adelman and
Alderman Moreno.
Absent: None.
Also present were: Robert Kiely, City Manager; Elizabeth Holleb, Finance Director; Victor Filippini,
City Attorney; Catherine Czerniak, Director of Community Development; Michael Thomas, Director
of Public Works; Jim Held, Chief of Police; Karl Walldorf, Deputy Chief of Police; Jeffrey Howell,
Fire Chief; Sally Swarthout, Director of Parks & Recreation; Mike Strong, Assistant to the City
Manager, Anne Whipple and a large number of Lake Forest Firefighters.
There were approximately 60 + present in the audience.
PLEDGE OF ALLEGIANCE- was recited by all in attendance.
REPORTS OF CITY OFFICERS
COMMENTS BY MAYOR
A. City Staff Retirement Announcement
Mayor Schoenheider announced that Police Chief James Held is retiring. Mayor Schoenheider
stated that Chief Held has provided great leadership and shared such a great sense of community
in Lake Forest. Mayor Schoenheider reported that the PCA (Policy, Compensation and
Administration) Committee met and has recommended that Deputy Chief Karl Walldorf be
appointed to Chief when Jim Held retires.
B. Resolution of Appreciation for Library Employee, Kaye Grabbe
Mayor Schoenheider read the Resolution. Ms. Grabbe shared her love of her job, partly due to
the passion of all those in the Community.
COUNCIL ACTION: Approve the Resolution
Alderman Waldeck made a motion to approve the Resolution, seconded by Alderman Moreno.
Motion carried unanimously by voice vote.
C. Resolution of Appreciation for Firefighter Paramedic, Eric Podowski
Mayor Schoenheider read the Resolution and photos were taken.
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Proceedings of the Monday, April 18, 2016
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COUNCIL ACTION: Approve the Resolution
Alderman Moreno made a motion to approve the Resolution, seconded by Alderman Beidler.
Motion carried unanimously by voice vote.
D. Proclamation of Historic Preservation Month presentation to the Lake Forest
Preservation Foundation
Mayor Schoenheider read the proclamation and presented it to Lake Forest Preservation
Foundation President, Arthur Miller.
COMMENTS BY CITY MANAGER
City Manager Robert Kiely Jr., congratulated both Kaye and Eric on their retirement.
A. Community Spotlight
Lake Forest Preservation Foundation
- Arthur Miller- President
City Manager Robert Kiely Jr. introduced the President of the Lake Forest Preservation
Foundation, Arthur Miller. Mr. Miller stated that the Foundation will be celebrating its 40th year in
2016. He then gave a presentation on how the Lake Forest Preservation Foundation has advocated
throughout the community by sensitive, evolutionary change. Mr. Miller reported that the
Foundation has presented over 150 awards over the last 25 years.
B. Economic Development Update
Economic Development Coordinator, Susan Kelsey
City Manager Robert Kiely Jr. introduced Economic Development Coordinator, Susan Kelsey. Ms.
Kelsey gave a presentation on the number of businesses and the impact of local tax dollars within
the Community along with reporting on all the life safety measures that have been completed by
L-3 on Market Square. Ms. Kelsey also reported that the Open Air Market will begin on June 18,
2016.
COMMENTS BY COUNCIL MEMBERS
FINANCE COMMITTEE
1. GFOA CAFR Award
George Pandaleon, Finance Committee Chairman reported that the City recently received
notification that it has once again been awarded the Government Finance Officers
Association Certificate of Achievement for Excellence in Financial Reporting for its FY15
comprehensive annual financial report. The Certificate of Achievement is the highest form of
recognition in the area of governmental accounting and financial reporting, and its attainment is a
significant accomplishment by a government and its management.
In a GFOA news release, Stephen Gauthier states that “The City’s CAFR has been judged by an
impartial panel to meet the high standards of the program including demonstrating a constructive
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Proceedings of the Monday, April 18, 2016
Regular City Council Meeting
spirit of full disclosure to clearly communicate its financial story and motivate potential users and
user groups to read the CAFR.”
The GFOA is a nonprofit professional association serving 17,500 government finance professionals
in the United States and Canada. The City has received this prestigious award for the 37th
consecutive year.
In addition to the Certificate of Achievement, an Award of Financial Reporting Achievement is
presented by the GFOA to the individual designated as instrumental in their government unit’s
achievement of the Certificate. Chairman Pandaleon presented the award to Diane Hall, Assistant
Finance Director, who serves as the primary liaison to the City’s independent audit firm,
coordinating the annual audit process and preparation of the City’s CAFR.
OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS
ITEMS FOR OMNIBUS VOTE CONSIDERATION
1. Approval of the April 4, 2016 City Council Meeting Minutes
2. Approval of a Resolution Reallocating 2016 Volume Cap to the Village of Buffalo
Grove, Illinois
3. Approval to renew agreement for financial and land parcel management system
software maintenance and licensing for FY2017.
4. Approval of an agreement with BB&T Corporation for Electronic Lockbox
Services and Designation of First Merit Bank as an authorized depository
5. Approval to Execute the Procurement Contract to the Water Plant Membrane
Manufacturer
6. Authorization to Proceed with the Fiscal Year 2017 Asphalt Patching,
Resurfacing, and Concrete Street Repair Projects Prior to May 1, 2016
7. Consideration of Ordinances Approving Recommendations from the Building
Review Board. (First Reading and if Desired by the City Council, Final Approval)
8. Consideration of an Ordinance Approving a Recommendation from the Historic
Preservation Commission. (First Reading and if Desired by the City Council, Final
Approval)
9. Consideration of Ordinances Approving Recommendations from the Zoning
Board of Appeals. (First Reading, and if Desired by the City Council, Final
Approval)
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Proceedings of the Monday, April 18, 2016
Regular City Council Meeting
COUNCIL ACTION: Approve the nine (9) Omnibus items.
Mayor Schoenheider asked members of the Council if they would like to remove any item or take
it separately. Seeing none, the Mayor asked for a motion to approve the nine Omnibus items as
presented.
Alderman Reisenberg made a motion to approve the nine Omnibus items as presented, seconded
by Alderman Beidler. The following voted “Yea”: Aldermen Waldeck, Beidler, Pandaleon, Newman,
Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 8 Yeas, 0 Nays, motion
carried.
Information such as Purpose and Action Requested, Background/Discussion, Budget/Fiscal Impact,
Recommended Action and a Staff Contact as it relates to the Omnibus items can be found on the agenda.
ORDINANCES
1. Consideration of an Ordinance Amending the City of Lake Forest Liquor Code,
Creation of a New Class, and Number of Licenses, Section 111.037. (Final approval)
Victor Filippini, City Attorney, reported that this Ordinance had been discussed over several
meetings, and what is before the Council is ready for approval. At the direction of the City’s Liquor
Commissioner, an Ordinance amending the Liquor Code to include the liquor Commissioner to set
the time of sales and create a new Class, C-4 license and make available one C-4 License and one
C-3 License is presented for Council consideration.
The City Council had discussion on hours of service beginning at 5p.m., 7 days a week to no limit
on hours of service, the feedback received from CROYA and most recently feedback from Lake
Forest College. The Council will look at this topic again in 12 months. Mayor Schoenheider asked if
there was anyone from the public who would like to comment. Seeing none, he asked for a
motion.
COUNCIL ACTION : Consideration of an Ordinance Amending the City of Lake Forest Liquor Code,
Creation of a New Class, and Number of Licenses, Section 111.037. (Final Approval)
Alderman Reisenberg made a motion to approve an Ordinance amending the City of Lake Forest
Liquor Code, Creation of a New Class, and Number of Licenses, Section 111.037, seconded by
Alderman Newman. The following voted “Yea”: Aldermen Waldeck, Beidler, Pandaleon, Newman,
Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 8 Yeas, 0 Nays, motion
carried.
1. Consideration of a Recommendation from the Plan Commission in Support of the
Final Plat and the Associated Special Use Permit for the Westleigh Farm Planned
Preservation Subdivision Proposed for the Southwest Corner of Route 60 and Ridge
Road. (If desired by the Council, Waive First Reading and Grant Final Approval of
the Ordinance.)
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Catherine Czerniak, Director of Community Development reported that the Council is being asked
to consider the final plat of subdivision and the associated Special Use Permit for the proposed 34-
lot Westleigh Farm Planned Preservation Subdivision. Ms. Czerniak stated that in July 2015, the
City Council granted tentative approval of the Westleigh Farm Subdivision.
Ms. Czerniak reported that Thirty-three new lots are proposed along with one additional lot which
will be configured to support the existing residence which is planned for restoration and
renovation. The new building lots range in size from about a third of an acre to just over an acre.
Larger lots are proposed at the south end of the development, smaller lots on the northern half.
The smaller lots ring a central open area which will be landscaped with low maintenance plantings
and used for passive recreation.
The overall density of the development is consistent with the R-4 zoning and the variety in lot
sizes is achieved through the flexibility offered by the HROSP District. The development plan
preserves 20 acres of the 47 acre parcel preserved as open space. This conservation subdivision
approach has led to other successful developments in the community including Conway Farms,
Middlefork Farm and Everett Farm.
Ms. Czerniak reported that on January 13, 2016, the Plan Commission held a public hearing to
consider the final plat of subdivision and final conditions of approval. Three residents testified
before the Commission. The City Engineer confirmed that the plan includes the construction of
onsite detention ponds and swales which together will slow the rate of stormwater runoff from
the property over current conditions, the Commission voted 6 to 0 to recommend approval of the
subdivision to the City Council. The Commission’s recommendation includes conditions of
approval.
Lastly, Ms. Czerniak stated that if the Council grants final approval of the plat, City staff will review
all of the final documents as required by the conditions of approval prior to the recording of the
plat of subdivision.
The City Council had discussion on access points to the subdivision, adaptive reuse and the
caretaker’s cottage. Mayor Schoenheider asked if there was anyone from the public who would
like to comment. Seeing none, he asked for a motion.
COUNCIL ACTION: If determined to be appropriate by the City Council, waive first reading and
grant final approval of the Final Development Plan Ordinance for the Westleigh Farm Planned
Preservation Subdivision. The Ordinance incorporates approval of the plat of subdivision, the
granting of a Special Use Permit and the conditions of approval as recommended by the Plan
Commission
Alderman Moreno made a motion to 1. waive first reading and 2. grant final approval of the Final
Development Plan Ordinance for the Westleigh Farm Planned Preservation Subdivision. The
Ordinance incorporates approval of the plat of subdivision, the granting of a Special Use Permit
and the conditions of approval as recommended by the Plan Commission, seconded by Alderman
Reisenberg. The following voted “Yea”: Aldermen Waldeck, Beidler, Pandaleon, Newman, Tack,
Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 8 Yeas, 0 Nays, motion
carried.
97
Proceedings of the Monday, April 18, 2016
Regular City Council Meeting
ORDINANCES AFFECTING CODE AMENDMENTS
1. Consideration of an Ordinance Amending Chapters 70, 73, 78, and 97 of the City
Code, as Recommended by City Staff. (First Reading)
Police Commander Craig Lepkowski reported that the Ordinances were reviewed for updated
provisions where they were outdated, conforming certain provisions to State law, and aligning City
practices, i.e., removing Taxi Cab licensing, with the terms of the City Code.
Mayor Schoenheider asked if there was anyone from the public who would like to comment.
Seeing none, he asked for a motion.
COUNCIL ACTION: It is recommended that the City Council grant first reading of an ordinance
amending Chapters 70, 73, 78, and 97 of the City Code.
Alderman Moreno made a motion to approve grant first reading of an ordinance amending
Chapters 70, 73, 78, and 97 of the City Code, seconded by Alderman Waldeck. Motion carried
unanimously by voice vote.
2. Consideration of an Ordinance Amending Title XIII (General Offenses) of the City
Code, as Recommended by City Staff. (First Reading)
Police Commander Craig Lepkowski reported that the Ordinances were reviewed for updated
provisions where they were outdated, conforming certain provisions to State law, and aligning City
practices, i.e., including school curfew code language updates and designating e-cigarettes as drug
paraphernalia, with the terms of the City Code.
Mayor Schoenheider asked if there was anyone from the public who would like to comment.
Seeing none, he asked for a motion.
COUNCIL ACTION: It is recommended that the City Council grant first reading of an ordinance
amending Title XIII of the City Code.
Alderman Newman made a motion to approve grant first reading of an ordinance amending Title
XIII of the City Code, seconded by Alderman Pandaleon. Motion carried unanimously by voice
vote.
NEW BUSINESS
1. Emergency Telephone System Board (ETSB) Meeting
***OPEN PUBLIC MEETING OF THE ETSB***
98
Proceedings of the Monday, April 18, 2016
Regular City Council Meeting
CALL TO ORDER: Mayor Schoenheider called the meeting to order at 8:30pm
ROLL CALL: As reflected by City Council Roll Call, Police Chief James Held, Deputy Police Chief Karl
Waldorf and Fire Chief Jeff Howell.
James Held stated that the Approval of the FY 2017 budget, pursuant to 50 ILCS 750/ 15.4 (c) is
the reason for the meeting. What has changed in the budget is the cost of contractual services for
dispatch per the IGA.
Mayor Schoenheider asked if there was anyone from the public who would like to comment.
Seeing none, he asked for a motion.
RECOMMENDED ACTION: Approval of the FY 2017 budget, pursuant to 50 ILCS 750/15.4 (c).
Alderman Reisenberg made a motion to Approve the FY 2017 budget, pursuant to 50 ILCS
750/15.4 (c), seconded by Alderman Beidler. Motion carried unanimously by voice vote.
***MOTION TO CLOSE PUBLIC MEETING OF THE ETSB***
Alderman Waldeck made a motion to close the public meeting of the ETSB, seconded by Alderman
Moreno. Motion carried unanimously by voice vote at 8:34pm.
2. Request to Waive the Bidding Process to Power Wash and Spot Sand Blast Both the
Westleigh Road Bike Path & Train Bridges
Director of Public Works, Michael Thomas, reported that although $100,000 for the Westleigh
Road bike path bridge was requested in both the FY ’16 and FY ’17 capital budgets, the line item
was given a priority two in each year’s capital plan. Mr. Thomas reported that it is staff’s opinion
is that this request will provide a good, short term cleaning of both bridges with the hope that
future funding will become available to address more long term maintenance and aesthetic
improvements. Mr. Thomas stated DiVinci’s original proposal separated work for both bridges at
a cost of $19,880 each. Staff asked the contractor if a discount could be provided if both bridges
were completed at the same time. Subsequently, DiVinci provided a 10% discount.
The City Council had discussion on deterioration and esthetics and these circumstances; various
areas of paint squares combined with multiple locations of efflorescence, bridge inspections, the
overall appearance of the bridges, future spot cleaning and / or sand blasting any graffiti removal,
and the bidding process.
Mr. Thomas added that with heavy truck traffic from McCormick Ravine’s landfill excavation
beginning in mid-late June, staff is requesting City Council approval this evening to ensure the
bridge cleaning can be completed by the end of May. Mayor Schoenheider asked if there was
anyone from the public who would like to comment. Seeing none, he asked for a motion.
99
Proceedings of the Monday, April 18, 2016
Regular City Council Meeting
COUNCIL ACTION: Waive the bidding process and authorize DiVinci Painters, Inc. for the
cleaning of both Westleigh Road Bridges in the amount of $35,785. Additionally, City Council
directs staff to add this amount to the proposed FY ’17 capital budget.
3. Approval of an amendment to the Athletic Field Usage Policy as approved by the Parks
& Recreation Board (Waive First Reading and if Desired Grant Final Approval)
Joe Mobile, Superintendent of Recreation, reported that staff continues to evaluate resources for
additional revenue. The Athletic Field usage policy was reviewed and the proposed amendments
have the potential to generate revenue when the fields would otherwise be idle. The
amendments to the current policy categorize the current users into classification 1 or classification
2 dependent upon their program offerings. Recreation Department programs, as well as any
organization that offer programs that the Recreation Department doesn’t currently offer, will be
placed in classification 1, while organizations that offer programs that are currently offered by the
Recreation Department will be placed in Classification 2. An additional classification 3 will provide
opportunities for a new group of users to possibly rent the fields for their use as well. Any group
that doesn’t fit into classification 1 or 2 and have Lake Forest residents on their rosters will fall
into classification 3. The new classification system allows the opportunity for additional residents
to have access to our fields for their athletic needs.
The City Council had discussion on defining the classifications, single teams, practices, pickup
games by kids and the difference when a coach is involved, the percentage of utilization
anticipated, insurance and all types of field preparation.
Mayor Schoenheider asked if there was anyone from the public who would like to comment.
Scott Gray, 1080 Lawrence, Lake Forest offered his opinion to the City Council on the cost per use
of the field.
The City Council had further discussion on insurance requirements, the classification charges. City
Manager, Robert Kiely offered the direction to the Council “and direct and allow staff to work with
teams for insurance and costs” to the motion. The City Council would like this item revisited in
twelve months. Mayor Schoenheider asked if there was anyone from the public who would like to
comment. Seeing none, he asked for a motion.
COUNCIL ACTION: Approval of an amendment to the Athletic Field Usage Policy as
recommended by the Parks & Recreation Board (Waive First Reading and if Desired Grant Final
Approval)
Alderman Reisenberg made a motion to approve of an amendment to the Athletic Field Usage
Policy as recommended by the Parks & Recreation Board and direct City Staff to work with teams
for insurance and costs, seconded by Alderman Newman. The following voted “Yea”: Aldermen
Waldeck, Beidler, Pandaleon, Newman, Tack, Reisenberg, Adelman and Moreno. The following
voted “Nay”: None. 8 Yeas, 0 Nays, motion carried.
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Proceedings of the Monday, April 18, 2016
Regular City Council Meeting
ADDITIONAL ITEMS FOR COUNCIL DISCUSSION
Mayor Schoenheider encouraged residents to attend one of the two remaining Ward meetings
which will be held at Gorton Community Center on Wednesday , April 20 and Tuesday, April
27,2016 at 7:00 pm.
ADJOURNMENT
There being no further business. Alderman Waldeck made a motion to adjourn, seconded by
Alderman Moreno. Motion carried unanimously by voice vote at 9:13 p.m.
Respectfully Submitted,
Margaret Boyer
Deputy City Clerk
A video of the City Council meeting is available for viewing at the Lake Forest Library and on file in
the Clerk’s office at City Hall. You can also view it on the website by
visiting www.cityoflakeforest.com. Click on I Want To, then click on View, then choose Archived
Meetings Videos.
101
2017 City Council and Finance Committee Dates
** = This date represents a change from the traditional dates, due to holiday or other conflicts
**January 3, 2017 COUNCIL
CHAMBERS CC 6:30 P.M.
**January 17, 2017 COUNCIL
CHAMBERS FC 6:30 P.M .
CC to follow immediately
after
February 6, 2017 COUNCIL
CHAMBERS CC 6:30 P.M.
**February 21, 2017 COUNCIL
CHAMBERS CC 6:30 P.M.
March 6, 2017 COUNCIL
CHAMBERS CC 6:30 P.M.
March 13, 2017 MUNICIPAL
SERVICES
CENTER
Operating Budget
Workshop
5:00 P.M
March 20, 2017 COUNCIL
CHAMBERS CC 6:30 P.M.
April 3, 2017 COUNCIL
CHAMBERS CC 6:30 P.M.
April 17, 2017 COUNCIL
CHAMBERS FC 6:30 P.M.CC to follow
immediately after
May 1, 2017 COUNCIL
CHAMBERS CC 6:30 P.M.
May 15, 2017 COUNCIL
CHAMBERS CC 6:30 P.M.
June 5, 2017 COUNCIL
CHAMBERS CC 6:30 P.M.
June 19, 2017 COUNCIL
CHAMBERS CC 6:30 P.M.
July 3, 2017 COUNCIL
CHAMBERS CC 6:30 P.M.
July 17, 2017 COUNCIL
CH AM BERS FC 6:30 P.M.CC to follow
immediately after
August 7, 2017 COUNCIL
CHAMBERS CC 6:30 P.M.
**September 5, 2017 COUNCIL
CHAMBERS CC 6:30 P.M.
Septem ber 18, 2017 COUNCIL
CHAMBERS CC 6:30 P.M.
October 2, 2017 COUNCIL
CHAMBERS CC 6:30 P.M.
October 16, 2017 COUNCIL
CH AM BERS FC 6:30 P.M.CC to follow
immediately after
November 6, 2017
_
Novem ber 13, 2017
COUNCIL
CHAMBERS
_
MUNICIPAL
SERVICES
CENTER
CC 6:30 P.M.
_________________________
Capital Budget Workshop
5:00 PM
November 20, 2017 COUNCIL
CHAMBERS CC 6:30 P.M.
December 4, 2017 COUNCIL
CH AM BERS CC 6:30 P.M.
102
LFEA Collective Bargaining Agreement 2016
In addition to minor typographical corrections, LFEA and management have agreed to the following changes in
the Collective Bargaining Agreement:
Article/Section Change
Article I – Recognition Added Seasonal Laborer position
Article II – Management Rights
• Section 2.2 Work Rules & Regulations
Changed from 5 days to 10 days’ notice of policy or work
rule changes
Article IX – Wages and Other Pay Practices
• Section 9.1 Wage Schedule Adopted the City Official Pay Plan for all years of the
Agreement
• Section 9.3 Paid Time Off, Seasonal
Employees
• Added language that first-year seasonals will earn 1
paid time off shift after 3 months and 1 paid time off
shift after 6 months of employment.
• Changed from 8-hour paid time off days to “work
shifts” to cover those whose work days are longer than
8 hours.
• Added that these musts be taken in full-day
increments.
• Section 9.6 Compensatory Time for
Seasonal Employees
• New section. Seasonal employees may elect to receive
a maximum of 24 hours of comp time in lieu of
overtime per season (earned at time and a half).
• May be taken in less than 8-hour increments.
• Unused time paid out at the end of each season.
Article X – Insurance
• Section 10.4 Retiree Health Savings
Plan
• Increase employee contributions from 1% to 1.5%.
Article XI – Uniforms & Equipment
• Section 11.2 Fringe Benefits
• New section addressing taxable fringe benefits to
comply with City policy and the Covered Employee
Uniform Policy.
Article XII – Statutory Rights
• Section 12.2 Non-Discrimination
Updated list of protected categories.
Article XVI – Termination • 4-year Agreement
• May 1, 2016 to April 30, 2020
Side Letter Removed Side Letter regarding uniform policy
Public Works Accident Review Board Although not part of the CBA, the City added language to
the policy that, absent extenuating circumstances,
qualifying accidents will be reviewed within 30 days of the
accident and disciplinary decisions issued within 10 days of
the Director receiving the ARB’s findings.
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THE CITY OF LAKE FOREST
ORDINANCE NO. 2016-___
AN ORDINANCE AMENDING CHAPTERS 70, 73, 78, AND 97 OF THE CITY CODE
RELATING TO TRAFFIC ENFORCEMENT AND PARKS AND PLAYGROUNDS
WHEREAS, The City of Lake Forest is a home rule, special charter municipal corporation;
and
WHEREAS, from time to time it is appropriate to review, update and modify the City Code
of Lake Forest (the “City Code”) to assure that it appropriately addresses new issues that may
arise; and
WHEREAS, at the direction of the City Council, the City Staff, City Attorney, and City
Council Liaison (the “Panel”) reviewed Chapters 70, 73, 78, and 97 of the City Code; and
WHEREAS, the Panel determined that making certain changes to Chapters 70, 73, 78,
and 97 will promote a clearer understanding of the Code and thereby would serve the best
interests of the City and its residents; and
WHEREAS, the Mayor and City Council, having considered the recommendation of the
City Manager, City Staff, City Council Liaison, have determined that adopting this Ordinance and
amending Chapters 70, 73, 78, and 97 of the City Code as hereinafter set forth, will be in the best
interests of the City and its residents;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF LAKE FOREST, COUNTY OF LAKE, STATE OF ILLINOIS, AS FOLLOWS:
SECTION ONE: Recitals. The foregoing recitals are hereby adopted by this
reference as the findings of the City Council and are hereby incorporated into this Section as if
fully set forth.
SECTION TWO: Amendment to Chapter 70. Chapter 70, entitled “General
Provisions,” of Title VII, entitled “Traffic Code,” of the City Code is hereby amended as follows:
A. Section 70.047, entitled “Driving on Sidewalk,” is hereby amended in its entirety, so that
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Section 70.047 shall hereafter be and read as follows:
§ 70.047 DRIVING ON SIDEWALK AND DRIVING OVER CURBS.
(a) No person shall drive any vehicle upon a sidewalk or sidewalk area except
upon a permanent or duly authorized temporary driveway. This Section does
not apply to any vehicle moved exclusively by human power, to any electric
personal assistive mobility device, nor to any motorized wheelchair.
(b) A person may not operate an electric personal assistive mobility device upon
a public sidewalk at a speed greater than 8 miles per hour.
(c) No person, firm or corporation shall drive any vehicle or permit the same to be
driven, over any curb, shoulder, or public parkway within the city, except:
1. Upon issuance of a permit from the city’s Director of Community
Development, or Surveyor and Engineer in accordance with the
ordinances of the city permitting public improvement construction
vehicles to be driven over a curb, shoulder, or public parkway: or
2. In the case of an emergency or when authorized by a police officer.
SECTION THREE: Amendments to Chapter 73. Chapter 73, entitled “Stopping,
Standing and Parking,” of Title VII, entitled “Traffic Code,” of the City Code is hereby amended as
follows:
A. Section 73.21, entitled “Persons With Disabilities Parking,” is hereby amended by
amending Subsection (F) thereof in its entirety and adding Subsections (G)-(J), so that
Subsections (F) – (J) of Section 73.21 shall hereafter be and read as follows:
(F) A motor vehicle bearing registration plates issued to a person with disabilities,
as defined by Section 1-159.1 of the Illinois Vehicle Code, pursuant to Section 3-
616 or to a veteran with a disability pursuant to subsection (a) of Section 3-609 or
a special decal or device issued pursuant to Section 3-616 or pursuant to Section
11-1301.2 of the Illinois Vehicle Code or a motor vehicle registered in another
jurisdiction, state, district, territory or foreign country upon which is displayed a
registration plate, special decal or device issued by the other jurisdiction
designating the vehicle is operated by or for a person with disabilities shall be
exempt from any ordinance imposing time limitations on parking, except limitations
of one-half hour or less, on any street or highway, a parking area subject to
regulation under subsection (a) of Section 11-209 of the Illinois Vehicle Code, or
any parking lot or parking place which are owned, leased or owned and leased by
the city or a city parking utility; and shall be recognized by the city as a valid license
plate or parking device and shall receive the same parking privileges as residents
of this State; but, such vehicle shall be subject to the laws which prohibit parking
in “no stopping” and “no standing” zones in front of or near fire hydrants, driveways,
public building entrances and exits, bus stops and loading areas, and is prohibited
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from parking where the motor vehicle constitutes a traffic hazard, whereby such
motor vehicle shall be moved at the instruction and request of a law enforcement
officer to a location designated by the officer.
(G) Any motor vehicle bearing registration plates or a special decal or device
specified in this Section or in Section 3-616 of the Illinois Vehicle Code or such
parking device as specifically authorized in Section 11-1301.2 of the Illinois Vehicle
Code as evidence that the vehicle is operated by or for a person with disabilities
or bearing registration plates issued to a veteran with a disability under subsection
(a) of Section 3-609 of the Illinois Vehicle Code may park, in addition to any other
lawful place, in any parking place specifically reserved for such vehicles by the
posting of an official sign as provided under Section 11-301 of the Illinois Vehicle
Code. Parking privileges granted by this Section are strictly limited to the person
to whom the special registration plates, special decal or device were issued and to
qualified operators acting under his or her express direction while the person with
disabilities is present. A person to whom privileges were granted shall, at the
request of a police officer or any other person invested by law with authority to
direct, control, or regulate traffic, present an identification card with a picture as
verification that the person is the person to whom the special registration plates,
special decal or device was issued.
(H) Such parking privileges granted by this Section are also extended to motor
vehicles of not-for-profit organizations used for the transportation of persons with
disabilities when such motor vehicles display the decal or device issued pursuant
to Section 11-1301.2 of the Illinois Vehicle Code.
(I) No person shall use any area for the parking of any motor vehicle pursuant to
Section 11-1303 of the Illinois Vehicle Code or where an official sign controlling
such area expressly prohibits parking at any time or during certain hours.
(J) A vehicle displaying a decal or device issued under subsection (c-5) of Section
11-1301.2 of the Illinois Vehicle Code shall be exempt from the payment of fees
generated by parking in a metered space or in a publicly owned parking area.
B. Section 73.36, entitled “Bus And Taxicab To Park Only At Designated Stands,” is hereby
amended, so that Section 73.36 shall hereafter be and read as follows:
§ 73.36 BUS AND TAXICAB TO PARK ONLY AT DESIGNATED STANDS
The driver of a bus and taxicab shall not stand or park upon any street in any
business district at any place other than at a bus stop or taxicab stand respectively,
established and as described in Ch. 78, Schs. III and IV, hereof, except that this
provision shall not prevent the driver of any such vehicle from temporarily stopping
in accordance with other stopping or parking regulations at any place for the
purpose of and while actually engaged in loading or unloading passengers.
C. Section 73.37, entitled “Bus And Taxicab Stands Not For Private Use,” is hereby
amended, so that Section 73.37 shall hereafter be and read as follows:
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§ 73.37 BUS AND TAXICAB STANDS NOT FOR PRIVATE USE
No person shall stop, stand or park a vehicle other than a bus at a bus stop, or
other than a taxicab at a taxicab stand when any such stop or stand has been
officially designated and as described in Ch. 78, Schs. III and IV, hereof, and
appropriately marked by sign or signs, except that the driver of a passenger vehicle
may temporarily stop therein for the purpose of and while actually engaged in
loading or unloading passengers when such stopping does not interfere with any
bus or taxicab waiting to enter or about to enter such zone.
SECTION FOUR: Amendments to Chapter 78. Chapter 78, entitled “Parking and
Loading Schedules,” of Title VII, entitled “Traffic Code,” of the City Code is hereby amended as
follows:
A. Schedule III, entitled “Taxi Stands,” is hereby deleted in its entirety, so that Schedule III
shall hereafter be and read as follows:
Schedule III: Reserved
B. Schedule IV, entitled “Bus Stops,” is hereby amended, with the ordinance number and
date passed to be completed upon passage of this ordinance, so that Schedule IV shall hereafter
be and read as follows:
SCHEDULE IV. BUS STOPS.
Direction Location Ord. Date
Passed
Northbound North end of Chicago Northwestern Railroad Depot waiting
room
04-
49 8-2-2004
Southbound
Located in City’s Northshore Parking Lot on the intersection
of E. Deerpath and Western Ave just over the train
tracks East side of safety island at the east end of Market
Square along Western Avenue
04-
49 8-2-2004
C. Schedule VIII, entitled “Special Permits,” is hereby deleted in its entirety, so that Schedule
VIII shall hereafter be and read as follows:
Schedule VIII: Reserved
SECTION FIVE: Amendments to Section 97.070. Section 97.070, entitled
“Watercraft Registration; Abandoned Watercraft,” of Chapter 97, entitled “Parks and
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Playgrounds,” of Title IX, entitled “General Regulations,” of the City Code is hereby amended, so
that Section 97.070 shall hereafter be and read as follows:
§ 97.070 WATERCRAFT REGISTRATION; ABANDONED WATERCRAFT.
All watercraft located or operating within the city shall be subject to subject to the
following provisions.
(A) Registration of watercraft.
(1) Any watercraft located on city property, including the boat launching and
storage area, shall be required to register with the City Department of Parks and
Recreation, regardless of whether registration with the state is required under 625
ILCS 45/3-1.
(2) Registration stickers must be visibly posted on all watercraft when located
on city property.
(B) Abandoned and apparently deserted watercraft.
(1) A watercraft shall be deemed abandoned if:
(a) Left unattended for a period of 24 hours in the boat launching basin; or
(b) Is located in the boat launching and storage area and has not been
moved or used for seven consecutive days or more and is either:
1. Not properly registered with the city pursuant to division (A) above; or
2. Is apparently deserted as provided in division (B)(2) below.
(2) (a) Any boat or watercraft located on city property, including the boat
launching and storage area, as described in § 97.066, is deemed to be apparently
deserted when the owner of which is at least 30 days past-due on the payment of
all applicable permit or storage fees.
(b) Until all past-due fines, storage, permit and administrative fees and
charges have been paid in full, the boat or watercraft shall remain classified as
apparently deserted.
(3) All abandoned watercraft are hereby declared a public nuisance and are
subject to all applicable provisions of the city code in addition to those in this
section.
(C) Impoundment and sale of abandoned watercraft.
(1) Abandoned watercraft shall be subject to impoundment by the city
pursuant to 625 ILCS 45/3C-1 et seq. (the “Act”).
(2) Failure to pay all outstanding fines, storage, permit, administrative and
impoundment fees and charges will result in disposal of said watercraft pursuant
to the Act.
(3) No watercraft shall be released from impoundment to the owner,
lienholder or other person legally entitled to the watercraft until all outstanding
fines, storage, permit, administrative and impoundment fees and charges have
been paid.
(4) Notwithstanding the terms of the Act, the owner, lien holder or other party
legally entitled to the watercraft may request an administrative hearing prior to
disposition of the watercraft.
(D) Administrative hearing. Prior to the disposition of any watercraft, an
administrative hearing, under Chapter 11 of this city code of ordinances, shall be
available to any owner, lienholder or other person legally entitled to the watercraft
regarding the watercraft’s abandonment and the amount of outstanding fines,
storage, permit, administrative and impoundment fees and charges.
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(E) Storage lien. The provisions of this section shall be in addition to, and not a
limitation upon, the rights that the city may have to file a storage lien against any
watercraft that has failed to pay all outstanding fines, storage, permit,
administrative and impoundment fees and charges as may be authorized by law.
(F) Implementation grace period.
(1) From the date this subchapter is passed, approved and published in
pamphlet form in the manner provided by law until June 1, 2011, the city shall
make every effort to ascertain and contact owners of watercraft that would be
deemed abandoned under this section.
(2) If an owner of a watercraft that would be deemed abandoned under this
section pays any and all outstanding storage, permit and administrative fees and
charges, and otherwise comes into full compliance with this section by March 31,
2011, fines applicable under § 97.999(B) will be waived.
(3) Beginning on April 1, 2011, fines as identified in § 97.999(B) will begin to
accrue.
(4) Beginning on June 1, 2011, the city will begin to implement the
impoundment and sale procedures under this section.
SECTION SIX: Effective Date. This ordinance shall be in full force and effect upon
its passage, approval, and publication in pamphlet form in the manner provided by law.
Passed this ____ day of _____, 2016
AYES:
NAYS:
ABSENT:
ABSTAIN:
Approved this _____ day of ____, 2016
Mayor
ATTEST:
Deputy City Clerk
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THE CITY OF LAKE FOREST
ORDINANCE NO. 2016-___
AN ORDINANCE AMENDING CHAPTERS 130, 132, 133, 134, AND 135 OF THE CITY CODE
RELATING TO OFFENSES AGAINST PUBLIC MORALS, PERSONS, PROPERTY, PUBLIC
HEALTH, SAFETY, AND DECENCY, AND GENERAL PROVISIONS RELATED THERETO
WHEREAS, The City of Lake Forest is a home rule, special charter municipal corporation;
and
WHEREAS, from time to time it is appropriate to review, update and modify the City Code
of Lake Forest (the “City Code”) to assure that it appropriately addresses new issues that may
arise; and
WHEREAS, at the direction of the City Council, the City Staff, City Attorney, and City
Council Liaison (the “Panel”) reviewed Chapters 130, 132, 133, 134, and 135 of the City Code;
and
WHEREAS, the Panel determined that making certain changes to Chapters 130, 132,
133, 134, and 135 will promote a clearer understanding of the Code and thereby would serve the
best interests of the City and its residents; and
WHEREAS, the Mayor and City Council, having considered the recommendation of the
City Manager, City Staff, City Council Liaison, have determined that adopting this Ordinance and
amending Chapters 130, 132, 133, 134, and 135 of the City Code as hereinafter set forth, will be
in the best interests of the City and its residents;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF LAKE FOREST, COUNTY OF LAKE, STATE OF ILLINOIS, AS FOLLOWS:
SECTION ONE: Recitals. The foregoing recitals are hereby adopted by this
reference as the findings of the City Council and are hereby incorporated into this Section as if
fully set forth.
SECTION TWO: Amendment to Chapter 130. Section 130.051, entitled “Parental
Responsibility,” of Chapter 130, entitled “General Provisions,” of Title XIII, entitled “General
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Offenses,” of the City Code is hereby amended so that Section 130.051 shall hereafter be and
read as follows:
§ 130.51 PARENTAL RESPONSIBILITY.
It shall be unlawful for any parent of a minor who resides with such parent to fail to
make all reasonable, necessary and effective efforts to prevent such minor from
violating any provision of the city code, including, but not limited to, the following
offenses:
(A) Curfew and School Curfew (§ 135.009(A));
(B) School curfew (§ 135.009(B));
(CB) Illegal possession of alcohol (Ch. 111.076);
(DC) Illegal consumption of alcohol (Ch. 111.076);
(ED) Unlawful possession of cannabis (§§ 135.028 and 135.029);
(E) Unlawful possession of controlled substance (§§135.028)
(F) Disorderly conduct (§ 135.001);
(G) Reckless conduct (§ 133.03);
(H) Battery (§ 133.02);
(I) Criminal damage to property (§ 134.03);
(J) Criminal trespass (§§ Vehicle 134.04 and Land 134.05);
(K) Theft (§§ 134.35 and Retail 134.55);
(L) Unlawful use of a weapon (§ 135.055);
(M) Or any of the offenses enumerated in Ch. 111 of this code of ordinances and
this Title XIII.
SECTION THREE: Amendment to Chapter 132. Chapter 132, entitled “Offenses
Against Public Morals,” of Title XIII, entitled “General Offenses,” of the City Code is hereby
amended as follows:
A. Section 132.03, entitled “Deviate Sexual Conduct,” is hereby deleted in its entirety.
Section 132.01, entitled “Contributing to the Sexual Delinquency of a Child,” is hereby re-
numbered as Section 132.03 and amended, so that Section 132.03 shall hereafter be and read
as follows:
§ 132.03 CONTRIBUTING TO THE SEXUAL DELINQUENCY OF A CHILD.
(A) Any person of the age of 14 years and upwards who performs or submits to
any of the following acts with any person under the age of 18 contributes to the
sexual delinquency of a child:
(1) Any act of sexual intercourse penetration;
(2) Any act of deviate sexual conduct;
(3) Any lewd fondling or touching of either the child or the person done or
submitted to with the intent to arouse or to satisfy the sexual desires of either the
child or the person or both; or
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(4) Any lewd act done in the presence of the child with the intent to arouse or
to satisfy the sexual desires of either the person or the child or both.
(B) It shall not be a defense to contributing to the sexual delinquency of a child
that the accused reasonably believed the child to be of the age of 18 or upwards.
B. Section 132.01, formerly entitled “Contributing to the Sexual Delinquency of a
Child,” is hereby amended in its entirety, so that Section 132.01 shall hereafter be and read as
follows:
§ 132.01 DEFINITIONS.
Any material or performance is OBSCENE if: (1) the average person,
applying contemporary adult community standards, would find that, taken
as a whole, it appeals to the prurient interest; and (2) the average person,
applying contemporary adult community standards, would find that it
depicts or describes, in a patently offensive way, ultimate sexual acts or
sadomasochistic sexual acts, whether normal or perverted, actual or
simulated, or masturbation, excretory functions or lewd exhibition of the
genitals; and (3) taken as a whole, it lacks serious literary, artistic, political
or scientific value.
PUBLIC PLACE means any place where the conduct may reasonably be
expected to be viewed by others.
SEXUAL CONDUCT means any knowing touching or fondling by the victim
or the accused, either directly or through clothing, of the sex organs, anus,
or breast of the victim or the accused, or any part of the body of a child under
13 years of age, or any transfer or transmission of semen by the accused
upon any part of the clothed or unclothed body of the victim, for the purpose
of sexual gratification or arousal of the victim or the accused.
SEXUAL PENETRATION means any contact, however slight, between the sex
organ or anus of one person and an object or the sex organ, mouth, or anus
of another person, or any intrusion, however slight, of any part of the body
of one person or of any animal or object into the sex organ or anus of another
person, including, but not limited to, cunnilingus, fellatio, or anal
penetration. Evidence of emission of semen is not required to prove sexual
penetration.
C. Section 132.02, entitled “Public Indecency,” is hereby amended, so that Section
132.02 shall hereafter be and read as follows:
§ 132.02 PUBLIC INDECENCY.
(A) Any person who performs any of the following acts in a public place commits
a public indecency:
(1) An act of sexual intercourse penetration;
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(2) An act of deviate sexual conduct;
(3) A lewd exposure of the body done with intent to arouse or to satisfy the
sexual desire of the person; or
(4) A lewd fondling or caress of the body of another person of either sex.
(B) PUBLIC PLACE, for purposes of this section, means any place where the
conduct may reasonably be expected to be viewed by others.
D. Section 132.04, entitled “Prostitution,” is hereby amended, so that Section 132.04
shall hereafter be and read as follows:
§ 132.04 PROSTITUTION.
Any person who performs, offers or agrees to perform any of the following acts for
money commits an act of prostitution:
(A) Any act of sexual intercourse penetration;
(B) Any act of deviate sexual conduct.; and/or
(C) Any lewd fondling or touching of the body of another person of either sex.
E. Section 132.08, entitled “Patronizing a Prostitute,” is hereby amended, so that
Section 132.08 shall hereafter be and read as follows:
§ 132.08 PATRONIZING A PROSTITUTE.
Any person who performs any of the following acts with a person not his or her
spouse commits the offense of patronizing a prostitute:
(A) Engages in an act of sexual intercourse penetration or deviate sexual
conduct with a prostitute; and/or
(B) Enters or remains in a place of prostitute prostitution on with intent to
engage in an act of sexual intercourse penetration or deviate sexual
conduct.
F. Section 132.10, entitled “Obscenity,” is hereby amended, so that Section 132.10
shall hereafter be and read as follows:
§ 132.10 OBSCENITY.
(A) Elements of the offense. A person commits obscenity when, with knowledge
of the nature or content thereof, or recklessly failing to exercise reasonable
inspection which would have disclosed the nature or content thereof, he or she:
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(1) Sells, delivers or provides or offers or agrees to sell, deliver or provide any
obscene writing, picture, record or other representation or embodiment of the
obscene;
(2) Presents or directs an obscene play, dance or other performance or
participates directly in that portion thereof which makes it obscene;
(3) Publishes, exhibits or otherwise makes available anything obscene;
(4) Performs an obscene act or otherwise presents an obscene exhibition of his
or her body for gain;
(5) Creates, buys, procures or possesses obscene matter or material with intent
to disseminate it in violation of this section, or of the penal laws or regulations of
any other jurisdiction; and/or
(6) Advertises or otherwise promotes the sale of material represented or held
out by him or her to be obscene, whether or not it is obscene.
(B) “Obscene” defined. A thing is OBSCENE if, considered as a whole, its
predominant appeal is to prurient interest, that is, a shameful or morbid interest in
nudity, sex or excretion, and if it goes substantially beyond customary limits of
candor in description or representation of such matters. A thing is OBSCENE even
though the obscenity is latent, as in the case of undeveloped photographs.
G. Section 132.11, entitled “Child Pornography,” is hereby amended in its entirety, so
that Section 132.11 shall hereafter be and read as follows:
(a) A person commits child pornography who:
1) films, videotapes, photographs, or otherwise depicts or portrays by means of any
similar visual medium or reproduction or depicts by computer any child whom he
or she knows or reasonably should know to be under the age of 18 or any person
with a severe or profound intellectual disability where such child or person with a
severe or profound intellectual disability is:
i. actually or by simulation engaged in any act of sexual penetration or sexual
conduct with any person or animal; or
ii. actually or by simulation engaged in any act of sexual penetration or sexual
conduct involving the sex organs of the child or person with a severe or profound
intellectual disability and the mouth, anus, or sex organs of another person or
animal; or which involves the mouth, anus or sex organs of the child or person with
a severe or profound intellectual disability and the sex organs of another person
or animal; or
iii. actually or by simulation engaged in any act of masturbation; or
iv. actually or by simulation portrayed as being the object of, or otherwise engaged in,
any act of lewd fondling, touching, or caressing involving another person or animal;
or
v. actually or by simulation engaged in any act of excretion or urination within a sexual
context; or
vi. actually or by simulation portrayed or depicted as bound, fettered, or subject to
sadistic, masochistic, or sadomasochistic abuse in any sexual context; or
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vii. depicted or portrayed in any pose, posture or setting involving a lewd exhibition of
the unclothed or transparently clothed genitals, pubic area, buttocks, or, if such
person is female, a fully or partially developed breast of the child or other person;
or
2) with the knowledge of the nature or content thereof, reproduces, disseminates,
offers to disseminate, exhibits or possesses with intent to disseminate any film,
videotape, photograph or other similar visual reproduction or depiction by
computer of any child or person with a severe or profound intellectual disability
whom the person knows or reasonably should know to be under the age of 18 or
to be a person with a severe or profound intellectual disability, engaged in any
activity described in subparagraphs (i) through (vii) of paragraph (1) of this
subsection; or
3) with knowledge of the subject matter or theme thereof, produces any stage play,
live performance, film, videotape or other similar visual portrayal or depiction by
computer which includes a child whom the person knows or reasonably should
know to be under the age of 18 or a person with a severe or profound intellectual
disability engaged in any activity described in subparagraphs (i) through (vii) of
paragraph (1) of this subsection; or
4) solicits, uses, persuades, induces, entices, or coerces any child whom he or she
knows or reasonably should know to be under the age of 18 or a person with a
severe or profound intellectual disability to appear in any stage play, live
presentation, film, videotape, photograph or other similar visual reproduction or
depiction by computer in which the child or person with a severe or profound
intellectual disability is or will be depicted, actually or by simulation, in any act,
pose or setting described in subparagraphs (i) through (vii) of paragraph (1) of this
subsection; or
5) is a parent, step-parent, legal guardian or other person having care or custody of
a child whom the person knows or reasonably should know to be under the age of
18 or a person with a severe or profound intellectual disability and who knowingly
permits, induces, promotes, or arranges for such child or person with a severe or
profound intellectual disability to appear in any stage play, live performance, film,
videotape, photograph or other similar visual presentation, portrayal or simulation
or depiction by computer of any act or activity described in subparagraphs (i)
through (vii) of paragraph (1) of this subsection; or
6) with knowledge of the nature or content thereof, possesses any film, videotape,
photograph or other similar visual reproduction or depiction by computer of any
child or person with a severe or profound intellectual disability whom the person
knows or reasonably should know to be under the age of 18 or to be a person with
a severe or profound intellectual disability, engaged in any activity described in
subparagraphs (i) through (vii) of paragraph (1) of this subsection; or
7) solicits, or knowingly uses, persuades, induces, entices, or coerces, a person to
provide a child under the age of 18 or a person with a severe or profound
intellectual disability to appear in any videotape, photograph, film, stage play, live
presentation, or other similar visual reproduction or depiction by computer in which
the child or person with a severe or profound intellectual disability will be depicted,
actually or by simulation, in any act, pose, or setting described in subparagraphs
(i) through (vii) of paragraph (1) of this subsection.
(b) The possession of each individual film, videotape, photograph, or other similar
visual reproduction or depiction by computer in violation of this Section constitutes
a single and separate violation. This subsection (b) does not apply to multiple
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copies of the same film, videotape, photograph, or other similar visual reproduction
or depiction by computer that are identical to each other.
(c) It shall be an affirmative defense to a charge of child pornography that the
defendant reasonably believed, under all of the circumstances, that the child was
18 years of age or older or that the person was not a person with a severe or
profound intellectual disability but only where, prior to the act or acts giving rise to
a prosecution under this Section, he or she took some affirmative action or made
a bonafide inquiry designed to ascertain whether the child was 18 years of age or
older or that the person was not a person with a severe or profound intellectual
disability and his or her reliance upon the information so obtained was clearly
reasonable.
(d) Telecommunications carriers, commercial mobile service providers, and providers
of information services, including, but not limited to, Internet service providers and
hosting service providers, are not liable under this Section by virtue of the
transmission, storage, or caching of electronic communications or messages of
others or by virtue of the provision of other related telecommunications,
commercial mobile services, or information services used by others in violation of
this Section.
(e) The charge of child pornography shall not apply to the performance of official
duties by law enforcement or prosecuting officers or persons employed by law
enforcement or prosecuting agencies, court personnel or attorneys, nor to bonafide
treatment or professional education programs conducted by licensed physicians,
psychologists or social workers.
(f) If the defendant possessed more than one of the same film, videotape or visual
reproduction or depiction by computer in which child pornography is depicted, then
the trier of fact may infer that the defendant possessed such materials with the
intent to disseminate them.
(g) The charge of child pornography does not apply to a person who does not
voluntarily possess a film, videotape, or visual reproduction or depiction by
computer in which child pornography is depicted. Possession is voluntary if the
defendant knowingly procures or receives a film, videotape, or visual reproduction
or depiction for a sufficient time to be able to terminate his or her possession.
(h) The penalties for violating this Section are provided in § 132.99.
(i) Any film, videotape, photograph or other similar visual reproduction or depiction by
computer which includes a child under the age of 18 or a person with a severe or
profound intellectual disability engaged in any activity described in subparagraphs
(i) through (vii) or paragraph 1 of subsection (a), and any material or equipment
used or intended for use in photographing, filming, printing, producing,
reproducing, manufacturing, projecting, exhibiting, depiction by computer, or
disseminating such material shall be seized and forfeited in the manner, method
and procedure provided by either the City Code or Section 36-1 of the Illinois
Criminal Code for the seizure and forfeiture of vessels, vehicles and aircraft. In
addition, any person convicted under this Section is subject to the property
forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of
1963.
(j) Upon the conclusion of a case brought under this Section, the court shall seal all
evidence depicting a victim or witness that is sexually explicit. The evidence may
be unsealed and viewed, on a motion of the party seeking to unseal and view the
evidence, only for good cause shown and in the discretion of the court. The motion
must expressly set forth the purpose for viewing the material. The State's attorney
and the victim, if possible, shall be provided reasonable notice of the hearing on
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the motion to unseal the evidence. Any person entitled to notice of a hearing under
this subsection (k) may object to the motion.
(k) Definitions. For the purposes of this Section:
DISSEMINATE means (i) to sell, distribute, exchange or transfer possession,
whether with or without consideration or (ii) to make a depiction by computer
available for distribution or downloading through the facilities of any
telecommunications network or through any other means of transferring computer
programs or data to a computer.
PRODUCE means to direct, promote, advertise, publish, manufacture, issue,
present or show.
REPRODUCE means to make a duplication or copy.
DEPICT BY COMPUTER means to generate or create, or cause to be created or
generated, a computer program or data that, after being processed by a computer
either alone or in conjunction with one or more computer programs, results in a
visual depiction on a computer monitor, screen, or display.
DEPICTION BY COMPUTER means a computer program or data that, after being
processed by a computer either alone or in conjunction with one or more computer
programs, results in a visual depiction on a computer monitor, screen, or display.
COMPUTER, COMPUTER PROGRAM, and DATA have the meanings ascribed
to them in Section 16D-2 of the Illinois Criminal Code.
(l) For the purposes of this Section, “child pornography” includes a film, videotape,
photograph, or other similar visual medium or reproduction or depiction by
computer that is, or appears to be, that of a person, either in part, or in total, under
the age of 18 or a person with a severe or profound intellectual disability,
regardless of the method by which the film, videotape, photograph, or other similar
visual medium or reproduction or depiction by computer is created, adopted, or
modified to appear as such. “Child pornography” also includes a film, videotape,
photograph, or other similar visual medium or reproduction or depiction by
computer that is advertised, promoted, presented, described, or distributed in such
a manner that conveys the impression that the film, videotape, photograph, or
other similar visual medium or reproduction or depiction by computer is of a person
under the age of 18 or a person with a severe or profound intellectual disability.
H. Section 132.12, entitled “Harmful Material,” will hereby have its title amended, so
that the title of Section 132.12 shall hereafter be and read as follows:
§ 132.12 DISTRIBUTION OR EXHIBITION OF HARMFUL MATERIAL.
SECTION FOUR: Amendment to Chapter 133. Chapter 133, entitled “Offenses
Against Persons,” of Title XIII, entitled “General Offenses,” of the City Code is hereby amended
as follows:
A. Section 133.99, entitled “Penalty,” is hereby amended, so that Section 133.99 shall
hereafter be and read as follows:
§ 133.99 PENALTY.
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Any person who violates any provision of this chapter shall be punished by a fine
not less than $100, nor more than $750, for each offense, a term of imprisonment
not to exceed six months, or both, unless a higher amount is set forth in any
ordinance or resolution hereafter passed by the City Council setting fees,
charges, and penalties generally.
SECTION FIVE: Amendment to Chapter 134. Chapter 134, entitled “Offenses
Against Property,” of Title XIII, entitled “General Offenses,” of the City Code is hereby amended
as follows:
A. Subsection (B) of Section 134.05, entitled “Criminal Trespass to Land,” is hereby
amended, so that Subsection (B) of Section 134.05 shall hereafter be and read as follows:
§ 134.05 CRIMINAL TRESPASS TO LAND.
* * *
(B) A person has received notice from the owner or occupant within the meaning
of division Section (A) above if he or she has been notified personally, either orally
or in writing, or if by a printed or written exhibit at the main entrance to such land
or the forbidden part thereof.
B. Subsection (A) of Section 134.06, entitled “Posting Bills on Fences, Buildings or
Poles,” is hereby amended, so that Subsection (A) of Section 134.06 shall hereafter be and read
as follows:
§ 134.06 POSTING BILLS ON FENCES, BUILDINGS OR POLES.
(A) No person shall post up or place any handbill or placard or notice or sign
upon any building, fence, telephone, light, electric or other pole, or tree or lawn or
shall mark, scratch, cut or otherwise deface any part of any building, fence or tree
box.
C. Section 134.07, entitled “Damaging Library Books or Furniture; Failure to Return
a Book,” is hereby amended, so that Section 134.07 shall hereafter be and read as follows:
§ 134.07 DAMAGING LIBRARY BOOKS OR FURNITURE; FAILURE TO RETURN A BOOK.
(A) No person shall willfully or maliciously cut, write upon, injure, deface, tear or
destroy any book, newspaper, plate, picture, engraving or statue property or
materials belonging to the public library.
(B) No person shall willfully or maliciously commit any injury upon the public library or
upon the grounds, buildings, furniture, fixtures or other property thereof.
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(C) No person shall fail to return any book materials or media belonging to the public
library, according to the requirements of the by-laws duly made and adopted by
the directors of such library for the government thereof.
D. Certain definitions in Section 134.20, entitled “Definitions,” are hereby amended,
so that certain definitions in Section 134.20 shall hereafter be and read as follows:
§ 134.20 DEFINITIONS.
PERMANENT DEPRIVATION. To:
(1) Defeat alt recovery of the property by the owner;
(2) Deprive the owner permanently of the beneficial use of the property;
(3) Retain the property with intent to restore it to the owner only if the owner
purchases or leases it back, or pays a reward or other compensation for its return;
or
(4) Sell, give, pledge or otherwise transfer any interest in the property or subject
it to the claim of a person other than the owner.
THREAT. A menace, however communicated, to:
(1) Inflict physical harm to the person threatened or any other person or on
property;
(2) Subject any person to physical confinement or restraint;
(3) Commit any criminal offense;
(4) Accuse any person of a criminal offense;
(5) Expose any person to hatred, contempt or ridicule;
(6) Harm the credit or business repute of any person;
(7) Reveal any information sought to be concealed by the person threatened;
(8) Take action as an official against anyone or anything, or withhold official
action, or cause such action or withholding;
(9) Bring about or continue a strike, boycott or other similar collective action if
the property is not demanded or received for the benefit of the group which he or
she purports to represent;
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(10) Testify or provide information or withhold testimony or information with
respect to another’s legal claim or defense; or
(11) Inflict any other harm which would not benefit the offender.
E. Subsection (D)(3) of Section 134.35, entitled “Theft,” is hereby amended, so that
Subsection (A) of Section 134.36 shall hereafter be and read as follows:
§ 134.35 THEFT.
* * *
(3) Uses, conceals or abandons the property knowingly such use, concealment
or abandonment probably will deprive the owner permanently of such use or
benefit.
F. Subsection (A) of Section 134.36, entitled “Prima Facie Evidence; Theft by
Lessee,” is hereby amended, so that Subsection (A) of Section 134.36 shall hereafter be and read
as follows:
§ 134.36 PRIMA FACIE EVIDENCE; THEFT BY LESSEE.
(A) It shall be prima facie evidence that a person “knowingly obtains or exerts
unauthorized control over property of the owner” when a lessee of the personal
property of another fails to return it to the owner within 30 10 days after written
demand from the owner for its return.
G. Section 134.39, entitled “Offender’s Interest in the Property,” is hereby amended,
so that Section 134.39 shall hereafter be and read as follows:
§ 134.39 OFFENDER’S INTEREST IN THE PROPERTY.
(A) It is no defense to a charge of theft of property that the offender has an interest
therein, when the owner also has an interest to which the offender is not entitled.
(B) Where the property involved is that of the offender’s spouse, no a prosecution
for theft may not be maintained unless the parties were not living together as man
and wife married spouses and were living in separate abodes at the time of the
alleged theft.
H. Certain definitions in Section 134.55, entitled “Definitions,” are hereby amended,
so that certain definitions in Section 134.55 shall hereafter be and read as follows:
§ 134.55 DEFINITIONS.
* * *
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OFFENSE OF RETAIL THEFT. A person commits the offense of retail theft when
he or she knowingly:
…
(3) Transfers any merchandise displayed, held, stored or offered for sale, in a
retail mercantile establishment from the container in or on which such merchandise
is displayed to any other contained container with the intention of depriving the
merchant of the full retail value of such merchandise;
…
RETAIL MERCANTILE ESTABLISHMENT. Any place where
merchandisers merchandise is displayed, held, stored or offered for sale to the
public.
I. Section 134.60, entitled “Continuation of Prior Law,” is hereby deleted, so that
Section 134.60 shall hereafter be and read as follows:
§ 134.60 RESERVED.
J. Section 134.99, entitled “Penalty,” is hereby amended, so that Section 134.99 shall
hereafter be and read as follows:
§ 134.99 PENALTY.
Any person who violates any provision of this chapter shall be punished by a fine
not less than $100, nor more than $750, for each offense, a term of imprisonment
not to exceed six months, or both, unless a higher amount is set forth in any
ordinance or resolution hereafter passed by the City Council setting fees,
charges, and penalties generally.
SECTION SIX: Amendment to Chapter 135. Chapter 135, entitled “Offenses
Affecting Public Health, Safety, and Decency,” of Title XIII, entitled “General Offenses,” of the City
Code is hereby amended as follows:
A. Section 135.002, entitled “Transmission of Obscene Messages Prohibited,” is
hereby amended, so that Section 135.002 shall hereafter be and read as follows:
§ 135.002 TRANSMISSION OF OBSCENE MESSAGES PROHIBITED.
Any person in this city who sends messages or uses language or terms which are
obscene, lewd or immoral with the intent to offend by means of or white while
using a telephone or telegraph facilities, equipment or wires of any person, firm or
corporation engages in the transmission of news or messages between states or
within the city of is guilty of an offense. The use of language or terms which are
obscene, lewd or immoral is prima facie evidence of the intent to offend.
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B. Section 135.004, entitled “Sleeping in a Public Place,” is hereby deleted, so that
Section 135.004 shall hereafter be and read as follows:
§ 135.004 Reserved.
C. Section 135.008, entitled “Loitering,” is hereby amended, so that Section 135.008
shall hereafter be and read as follows:
§ 135.008 Loitering.
(B) Certain types of loitering prohibited. It shall be unlawful for any person to
loiter in a public place in such manner as to:
…
(4) Obstruct, molest, or interfere with any person lawfully in a public place as
defined in division section (A) above. This division section (B)(4) shall include the
making of unsolicited remarks of an offensive, disgusting or insulting nature or
which are calculated to annoy or disturb a person of ordinary sensibilities so as to
cause such person to react immediately in such a way as to threaten by physical
violence the peace and good order of the public. No person shall be convicted of
loitering in a public place in violation of this section unless a police officer at the
time determined that such person was causing any of the conditions enumerated
hereinabove and such police officer, at that time, ordered the person to cease the
enumerated conducted, which police order the person refused to obey.
D. Section 135.009, entitled “Curfew,” is hereby amended, so that Section 135.009
shall hereafter be and read as follows:
(A) Definitions. For the purpose of this section, the following definitions shall
apply unless the context clearly indicates or requires a different meaning.
...
MINOR. Any person under 17 18 years of age.
(C) Defenses. It is a defense to prosecution under division section (B) above
that the minor was:
…
(D) Enforcement. Before taking any enforcement action under this section, a law
enforcement officer shall ask the apparent offender’s age and reason for being in
the public place. The officer shall not issue a citation or make an arrest under this
section unless the officer reasonably believes that an offense has occurred and
that, based on any response and other circumstances, no defense in
division section (C) above is present.
(E) A person convicted of a violation of any provision of this section shall be
guilty of a petty offense and shall be fined not more than $750, except that neither
a person who has been made a ward of the court under the Juvenile Court Act of
1987, nor that person’s legal guardian, shall be subject to any fine. ln addition to
or instead of the fine imposed by this section, the court may order a parent, legal
guardian or other person convicted of a violation of division section (B) above to
perform community service as determined by the court, except that the legal
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guardian of a person who has been made a ward of the court under the Juvenile
Court Act of 1987 may not be ordered to perform community service. The dates
and times established for the performance of community service by the parent,
legal guardian or other person convicted of a violation of division section (B) above
shall not conflict with the dates and times that the person is employed in his or her
regular occupation.
(F) School Curfew For Minors:
(1) Definitions: The following words, terms and phrases, when used in this
subsection, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning:
KNOWINGLY. Having general knowledge of, or reason to know, or a belief
or ground for belief which warrants further inquiry or inspection.
LEGAL GUARDIAN. A person appointed guardian, or given custody, of a
minor by a circuit court of this state, but does not include a person
appointed guardian or given custody of a minor under the juvenile court
act of 1987, 705 Illinois Compiled Statutes 405/1-1 et seq.
MINOR. A person under the age of eighteen (18) years.
PARENT. A natural or adoptive parent or a court designated guardian.
UNEMANCIPATED MINOR. A minor still under the care and custody of at
least one of his or her parents or a legal guardian.
WILLFUL. Proceeding from a conscious and voluntary intentional motion of
the will.
(2) Daytime/School Curfew: It shall be unlawful for any minor who is enrolled
in any public, private, or parochial school to be present at or upon, or to
loiter, wander, stroll, or play in or upon, any street, alley, sidewalk, parkway,
park, playground, or other public place, or in or on any public building, place
of amusement or entertainment, or any vacant lot in the village, other
than school, during any hours when school is in session during the
regular school term, unless such minor is:
(a) Traveling to or from school by the most direct route; or
(b) Engaged in school related activities with written approval of school
authorities or as otherwise authorized by written school policy; or
(c) Accompanied by the minor’s parent or guardian or other person in custody or control of the minor; (d) On an errand at the direction of the minor’s parent or guardian, without any detour or stop; (e) In a motor vehicle involved in interstate travel;
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(f) Engaged in an employment activity or going to or returning home from an employment activity, without any detour or stop; (g) Involved in an emergency; (h) On the sidewalk abutting the minor’s residence or abutting the
residence of a next-door neighbor if the neighbor did not complain to the
Police Department about the minor’s presence;
(i) Attending an official school, religious. or other recreational activity
supervised by adults and sponsored by a government or governmental
agency, a civic organization or another similar entity that takes responsibility
for the minor, or going to or returning home from, without any detour or stop,
an official school, religious or other recreational activity supervised by
adults and sponsored by a government or governmental agency, a civic
organization, or another similar entity that takes responsibility for the minor;
(j) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly; or (j) Married or had been married or is an emancipated minor under the Emancipation of Minors Act.
(3) Investigatory Detention: Any police officer may stop and detain a person
whom the police officer reasonably suspects to be violating this subsection
for purpose of verifying the detained person's identity, age, school
enrollment and authority to be absent from school. The police officer shall
immediately inform the detained person of the reason for the detention and
that he or she will be released upon verification of authorization to be absent
from school. If the detained person refuses to provide the police officer with
the necessary information, or if authorization to be absent from school
cannot be verified within fifteen (15) minutes of the detention, the detained
person shall, if practicable, be taken to school authorities or a parent or legal
guardian or other adult having lawful custody or supervision of such person.
(4) First and Subsequent Violations: Any person who violates this
subsection shall be warned by any police officer forthwith to comply with
such provisions, and such officer shall also, without delay, report such
violation to his or her superior officer, who shall cause a written notice to be
served upon the parent, legal guardian or other adult having lawful custody
or supervision of such person, setting forth the manner in which this
subsection has been violated. In case any Minor, after such warning, shall
again violate any of the provisions of this subsection, he or she shall be
subject to penalties pursuant to Section 135.999.
(5) Parental Responsibility: It shall be unlawful for any parent or legal
guardian of an unemancipated minor to knowingly suffer, permit, or allow
such minor to violate any provision of this subsection.
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E. Section 135.011, entitled “Fireworks,” is hereby amended, so that Section 135.011
shall hereafter be and read as follows:
§ 135.011 FIREWORKS.
It shall be unlawful to sell, offer for sale, deliver, give, process possess or to
discharge or set off any fireworks or pyrotechnics anywhere in the city, except as
provided in § 94.01.
F. Section 135.013, entitled “Alcoholic Beverages Prohibited,” is hereby deleted, so
that Section 135.013 shall hereafter be and read as follows:
§ 135.013 Reserved.
G. Certain definitions in Section 135.040, entitled “Definitions,” are hereby amended,
so that certain definitions in Section 135.040 shall hereafter be and read as follows:
§ 135.040 DEFINITIONS.
…
DRUG PARAPHERNALIA.
…
(k) Objects used, intended for use or designed for use in ingesting, inhaling or
otherwise introducing marijuana, cocaine, hashish or hashish oil into the human
body such as:
1. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without
screens, permanent screens, hashish heads or punctured metal bowls;
2. Water pipes;
3. Carburetor tubes and devices;
4. Smoking and carburetor masks;
5. Roach clips: meaning objects used to hold burning material, such as a
marijuana cigarette, that has become too small or too short to be held in the
hand;
6. Chamber pipes;
7. Carburetor pipes;
8. Electric pipes;
9. Air-driven pipes;
10. Chillums;
11. Bongs; and/or
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12. Ice pipes or chillers.
13. Vape-pen 14. E-cigarettes
H. Section 135.055, entitled “Unlawful Use of Weapons,” is hereby amended in its
entirety, so that Section 135.055 shall hereafter be and read as follows:
§ 135.055 UNLAWFUL USE OF WEAPONS.
(a) A person commits the offense of unlawful use of weapons when he knowingly:
(1) Sells, manufactures, purchases, possesses or carries any bludgeon or similar
weapon, including, but not limited to, black-jacks, slung-shots, sand-clubs, and
sand-bags, metal knuckles or other knuckle weapon regardless of its composition,
throwing star, or any knife, commonly referred to as a switchblade knife, which has
a blade that opens automatically by hand pressure applied to a button, spring or
other device in the handle of the knife, or a ballistic knife, which is a device that
propels a knifelike blade as a projectile by means of a coil spring, elastic material
or compressed gas, or sling-shot; or
(2) Carries or possesses with intent to use the same unlawfully against another, a
dagger, dirk, billy club, dangerous knife, razor, stiletto, broken bottle or other piece
of glass, stun gun or taser or any other dangerous or deadly weapon or instrument
of like character; or
(3) Carries on or about his person or in any vehicle, a tear gas gun projector or
bomb or any object containing noxious liquid gas or substance, other than an
object containing a non-lethal noxious liquid gas or substance designed solely for
personal defense carried by a person 18 years of age or older; or
(4) Carries or possesses in any vehicle or concealed on or about his person except
when on his land or in his own abode, legal dwelling, or fixed place of business, or
on the land or in the legal dwelling of another person as an invitee with that
person's permission, any pistol, revolver, stun gun or taser or other firearm, except
that this subsection (a) (4) does not apply to or affect transportation of weapons
that meet one of the following conditions:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm carrying box, shipping box, or
other container by a person who has been issued a currently valid Firearm Owner's
Identification Card; or
(iv) are carried or possessed in accordance with the Firearm Concealed Carry Act
by a person who has been issued a currently valid license under the Firearm
Concealed Carry Act; or
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(5) Sets a spring gun; or
(6) Possesses any device or attachment of any kind designed, used or intended
for use in silencing the report of any firearm; or
(7) Sells, manufactures, purchases, possesses or carries:
(i) a machine gun, which shall be defined for the purposes of this subsection as
any weapon, which shoots, is designed to shoot, or can be readily restored to
shoot, automatically more than one shot without manually reloading by a single
function of the trigger, including the frame or receiver of any such weapon, or sells,
manufactures, purchases, possesses, or carries any combination of parts
designed or intended for use in converting any weapon into a machine gun, or any
combination or parts from which a machine gun can be assembled if such parts
are in the possession or under the control of a person;
(ii) any rifle having one or more barrels less than 16 inches in length or a shotgun
having one or more barrels less than 18 inches in length or any weapon made from
a rifle or shotgun, whether by alteration, modification, or otherwise, if such a
weapon as modified has an overall length of less than 26 inches; or
(iii) any bomb, bomb-shell, grenade, bottle or other container containing an
explosive substance of over one-quarter ounce for like purposes, such as, but not
limited to, black powder bombs and Molotov cocktails or artillery projectiles; or
(8) Carries or possesses any firearm, stun gun or taser or other deadly weapon in
any place which is licensed to sell intoxicating beverages, or at any public
gathering held pursuant to a license issued by any governmental body or any
public gathering at which an admission is charged, excluding a place where a
showing, demonstration or lecture involving the exhibition of unloaded firearms is
conducted.
This subsection (a)(8) does not apply to any auction or raffle of a firearm held
pursuant to a license or permit issued by a governmental body, nor does it apply
to persons engaged in firearm safety training courses; or
(9) Carries or possesses in a vehicle or on or about his person any pistol, revolver,
stun gun or taser or firearm or ballistic knife, when he is hooded, robed or masked
in such manner as to conceal his identity; or
(10) Carries or possesses on or about his person, upon any public street, alley, or
other public lands within the corporate limits of the city, except when an invitee
thereon or therein, for the purpose of the display of such weapon or the lawful
commerce in weapons, or except when on his land or in his own abode, legal
dwelling, or fixed place of business, or on the land or in the legal dwelling of another
person as an invitee with that person's permission, any pistol, revolver, stun gun
or taser or other firearm, except that this subsection (a) (10) does not apply to or
affect transportation of weapons that meet one of the following conditions:
(i) are broken down in a non-functioning state; or
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(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm carrying box, shipping box, or
other container by a person who has been issued a currently valid Firearm Owner's
Identification Card; or
(iv) are carried or possessed in accordance with the Firearm Concealed Carry Act
by a person who has been issued a currently valid license under the Firearm
Concealed Carry Act.1
As used in this subsection (a), A STUN GUN OR TASER means (i) any device
which is powered by electrical charging units, such as, batteries, and which fires
one or several barbs attached to a length of wire and which, upon hitting a human,
can send out a current capable of disrupting the person's nervous system in such
a manner as to render him incapable of normal functioning or (ii) any device which
is powered by electrical charging units, such as batteries, and which, upon contact
with a human or clothing worn by a human, can send out current capable of
disrupting the person's nervous system in such a manner as to render him
incapable of normal functioning; or
(11) Sells, manufactures or purchases any explosive bullet. For purposes of this
paragraph (a) “explosive bullet” means the projectile portion of an ammunition
cartridge which contains or carries an explosive charge which will explode upon
contact with the flesh of a human or an animal. “Cartridge” means a tubular metal
case having a projectile affixed at the front thereof and a cap or primer at the rear
end thereof, with the propellant contained in such tube between the projectile and
the cap; or
(12) Carries or possesses on or about his or her person while in a building occupied
by a unit of government, a billy club, other weapon of like character, or other
instrument of like character intended for use as a weapon. For the purposes of this
Subsection, BILLY CLUB means a short stick or club commonly carried by police
officers which is either telescopic or constructed of a solid piece of wood or other
man-made material.
(13) The presence in an automobile other than a public omnibus of any weapon,
instrument or substance referred to in subsection (a)(7) is prima facie evidence
that it is in the possession of, and is being carried by, all persons occupying such
automobile at the time such weapon, instrument or substance is found, except
under the following circumstances: (i) if such weapon, instrument or instrumentality
is found upon the person of one of the occupants therein; or (ii) if such weapon,
instrument or substance is found in an automobile operated for hire by a duly
licensed driver in the due, lawful and proper pursuit of his trade, then such
presumption shall not apply to the driver.
(14) Exemptions. Crossbows, Common or Compound bows and Underwater
Spearguns are exempted from the definition of ballistic knife as defined in
paragraph (1) of subsection (a) of this Section.
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I. Section 135.056, entitled “Exemptions,” is hereby deleted, so that Section 135.056
shall hereafter be and read as follows:
§ 135.056 RESERVED.
J. Section 135.059, entitled “Unlawful Use of Air Rifles,” is hereby amended, so that
Section 135.059 shall hereafter be and read as follows:
§ 135.059 UNLAWFUL USE OF AIR RIFLES.
(A) An AIR RIFLE is any air rifle, air pistol, spring gun, spring pistol, BB gun, gas
operated gun, pellet gun, paintball gun or any implement that is not a firearm (as
defined by 430 ILCS 65/1.1) that impels a pellet or other projectile constructed of
hard plastic, steel, lead or any other material with a force that reasonably, is
capable of causing bodily harm air gun, air pistol, spring gun, spring pistol, B-B gun, paint ball gun, pellet gun or any implement that is not a firearm which impels a breakable paint ball containing washable marking colors or, a pellet constructed of hard plastic, steel, lead or other hard materials with a force that reasonably is expected to cause bodily harm.
(B) A person commits the offense of unlawful use of air rifle when he or she
knowingly carriers carries or possess in a vehicle or on or about his or her person
any air gun within the corporate limits of the city, except when on his or her own
land or in his or her own abode or fixed place of business.
(C) Nothing herein shall apply to the possession or transportation of an air rifle
if the air rifle is broken down in a non-functioning state, or if carried in a case, or if
it is not immediately accessible.
K. Subsection (B) of Section 135.060, entitled “Discharge of Firearms,” is hereby
amended, so that Subsection (B) of Section 135.060 shall hereafter be and read as follows:
§ 135.060 DISCHARGE OF FIREARMS.
(B) It shall be unlawful to discharge a firearm by a person having a firearms
owner identification card to shoot rodents or to shoot trap or skeet when done on
a property constructed range 1,000 feet from any residence or public
highway, except with the permission of the Chief of Police.
L. Subsection (A)(10) and (C) of Section 135.075, entitled “Gambling,” is hereby
amended, so that Subsection (A)(10) and (C) of Section 135.075 shall hereafter be and read as
follows:
§ 135.075 GAMBLING.
* * *
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(10) Knowingly transmits information as to waivers, betting odds or changes in
betting odds by telephone, telegraph, radio, semaphore or similar means; or
knowingly installs or maintains equipment for the transmission or receipt of such
information; except that, nothing in this division section (A)(10) prohibits
transmission or receipt of such information for use in news reporting of sporting
events or contests.
* * *
(C) In prosecutions under divisions sections (A)(1) through (A)(10) above,
circumstantial evidence shall have the same validity and weight as in any criminal
prosecution.
M. Section 135.093, entitled “Impersonating a Police Officer,” is hereby amended, so
that Section 135.093 shall hereafter be and read as follows:
§ 135.093 IMPERSONATING A POLICE OFFICER.
No person, unless authorized by the Ccity or an officer thereof, shall cause to be
exhibited or displayed upon his or her person, or upon any animal or vehicle, or
upon any article or substance or thing, any metal plate or tag, badge, official star
or license issued as a mark of identification.
N. Subsection (A)(1) of Section 135.108, entitled “Noise; Generally,” is hereby
amended, so that Subsection (A)(1) of Section 135.108 shall hereafter be and read as follows:
§ 135.108 NOISE; GENERALLY.
(A)(1) It shall be unlawful to cause or to make unreasonable loud noise in any
depot, store, theater, street, alley, sidewalk, park or other public place or any place
frequented by the public in the city.
O. Subsection (A) of Section 135.135, entitled “Definitions; Prohibitions,” is hereby
amended, so that Subsection (A) of Section 135.135 shall hereafter be and read as follows:
§ 135.135 DEFINITIONS; PROHIBITIONS.
VENDING MACHINE. Any mechanical, electrical or electronic, self-service device
which, upon insertion of money, tokens or any other from form of payment,
dispenses any tobacco product.
SECTION EIGHT: Effective Date. This ordinance shall be in full force and effect upon
its passage, approval, and publication in pamphlet form in the manner provided by law.
Passed this ____ day of _____, 2016
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AYES:
NAYS:
ABSENT:
ABSTAIN:
Approved this _____ day of ____, 2016
Mayor
ATTEST:
Deputy City Clerk
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THE CITY OF LAKE FOREST
RESOLUTION NO. ______
A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT WITH SHIELDS TOWNSHIP FOR “DIAL-A-RIDE” SERVICES
WHEREAS, the Suburban Bus Division of the Regional Transportation Authority does
business under the name “Pace” and provides a paratransit service for eligible constituents known
as the “Dial-a-Ride Program”; and
WHEREAS, the Dial-a-Ride Program is designed to provide transportation for persons
with disabilities and persons 65 years of age or older within Shields Township and to and from
other established destinations within Lake County; and
WHEREAS, Shields Township (the “Township”) has entered into an intergovernmental
agreement with Pace known as the “PACE Paratransit Local Share Agreement” (the “PACE
Agreement”) pursuant to which the Township pays a portion of the cost for operating the Dial-a-
Ride Program; and
WHEREAS, the Township has offered to expand the Dial-a-Ride Program to areas within
the corporate limits of The City of Lake Forest (the “City”) but outside of the Township boundaries
pursuant to an “Intergovernmental Agreement between The City of Lake Forest and Shields
Township to Provide a Dial-a-Ride Bus Service” (the “City-Township Agreement”), a copy of
which is attached hereto as Exhibit A and made a part hereof; and
WHEREAS, the Mayor and City Council find and determine that it is in the best interests
of the City and its residents to authorize and direct the Mayor and City Clerk to execute and attest
the City-Township Agreement on behalf of the City, as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of The City of
Lake Forest, County of Lake, State of Illinois, as follows:
SECTION 1: Recitals. The foregoing recitals are incorporated into this Resolution as
findings of the Mayor and City Council.
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SECTION 2: Approvals; Authorizations.
(a) The City Council hereby approves the City-Township Agreement for one year in
substantially the form attached hereto; provided however, that: (i) such City-Township Agreement
shall provide for the City’s right to terminate the City-Township Agreement upon 30 days’ prior
written notice from the City to the Township; and (ii) the City’s participation in the Dial-a-Ride
Program shall not exceed the amounts budgeted therefor by the City Council.
(b) The Mayor and City Clerk are hereby authorized and directed to execute and
attest, on behalf of the City, the City-Township Agreement following the finalization of the terms
of the City-Township Agreement as provided in Section 2(a) of this Resolution.
(c) The City Manager shall cooperate with the Township regarding operational details
of the Dial-a-Ride Program; provided, however, that the City Manager shall notify the Township
of the City’s termination of its participation in the Dial-a-Ride Program pursuant to the City-
Township Agreement in the event In the event that the City’s utilization of the Dial-a-Ride Program
exhausts the funds budgeted by the City Council for such program.
SECTION 3: Effective Date. This resolution shall be in full force and effect upon its
passage and approval in the manner provided by law.
PASSED THIS ___ DAY OF _______, 2016.
AYES ( )
NAYS ( )
ABSENT ( )
APPROVED THIS _____ DAY OF _______, 2016.
Mayor
ATTEST:
City Clerk
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EXHIBIT A
Intergovernmental Agreement between The City of Lake Forest and
Shields Township to Provide a Dial-a-Ride Bus Service
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INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF LAKE FOREST AND SHIELDS TOWNSHIP TO PROVIDE
A DIAL-A-RIDE BUS SERVICE
This Intergovernmental Agreement entered into this _____ day of _____________, 20__ between
the CITY OF LAKE FOREST, ILLINOIS, a municipal corporation, (hereinafter referred to as
“City”), and the SHIELDS TOWNSHIP, Lake County, Illinois, a municipal corporation,
(hereinafter referred to as the “Township”);
RECITALS
WHEREAS, City of Lake Forest and Shields Township are units of local government, as defined
by Article I, Section I, of the Constitution of the State of Illinois; and,
WHEREAS, the Constitution of the State of Illinois, 1970, Article VII, Section 10, authorizes
units of local government to contract or otherwise associate among themselves in any manner not
prohibited by law or ordinance; and,
WHEREAS, the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) provides that any
power or powers, privileges or authority exercised or which may be exercised by a unit of local
government may be exercised jointly with any other unit of local government or private
corporation; and,
WHEREAS, The Intergovernmental Cooperation Act provides that any one or more public
agencies may contract with any one or more public agencies to perform any governmental
service, activity or undertaking which any of the public agencies entering into the contract is
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authorized by law to perform, provided that such contract shall be authorized by the governing
body of each party to the contract; and,
WHEREAS, the parties hereto desire to provide transportation services for senior citizens, and
disabled persons residing within their jurisdiction; and,
WHEREAS, it is intended that this Agreement shall be renewable on a yearly basis hereafter,
upon approval thereof by both of the parties hereto.
NOW, THEREFORE, it is agreed by and between the parties that for and in consideration of
promises and agreements hereto set forth, the City (City of Lake Forest) and the Township
(Shields Township) hereby agree as follows:
Section 1. Dial-A-Ride Services expanded: That Dial-a-Ride Transportation Services shall be
extended within the entire municipal limits of the City as part of the Township’s agreement with
the Suburban Bus Division of the Regional Transportation Authority (PACE), (hereinafter
referred to as the “PACE Agreement”). The terms and conditions of transportation services to be
extended are set forth in the PACE Agreement which is hereby incorporated by reference into this
Agreement and are binding on the City. The obligations and responsibilities of the City and
Township shall be performed in accordance with the provision as set forth in the PACE
Agreement.
Section 2. Compensation to the Township: The Township shall make payment for Dial-a-
Ride services based upon the provisions outlined in the PACE Agreement. The City shall pay
to the Township, on a quarterly, bimonthly or monthly basis, the amount due based upon the
charges incurred by those riders residing outside of Shields Township, but within the City of
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Lake Forest. The City shall be liable for the amount due the Township, subject to the Township
duly complying with its undertakings and agreements and duly submitting charges as may be
incurred under the PACE Agreement.
Section 3. Term of Agreement: This Agreement shall be in effect beginning on the
date executed and ending December 31, 2016.
IN WITNESS WHEREOF, the CITY OF LAKE FOREST and the TOWN OF SHIELDS have
executed this Agreement on the day and year first above written.
CITY OF LAKE FOREST SHIELDS TOWNSHIP
BY: BY:
Mayor Supervisor
ATTEST: ATTEST:
City Clerk
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