===== PDF PAGE 96 ===== CITY OF WEST CHICAGO CITY COUNCIL AGENDA ITEM SUMMARY ITEM TITLE: Ordinance No. 26-O-0021 An Ordinance Reestablishing the Office and Duties of the City Clerk AGENDA ITEM NUMBER: _____7.J.______ COMMITTEE AGENDA DATE: COUNCIL AGENDA DATE: September 8, 2026 STAFF REVIEW: Tia Messino APPROVED BY CITY ADMINISTRATOR: Viviana Ramirez SIGNATURE__________________________ SIGNATURE__________________________ ITEM SUMMARY: The City has received a legal opinion that the office of City Clerk was not properly eliminated and must be reinstated. As a result, a vacancy currently exists in the office of City Clerk and must be filled for the remainder of the current term, which expires in April 2029. The proposed ordinance repeals the 2022 ordinances that attempted to eliminate the office and reassign the Clerk’s duties, restores the office of City Clerk and its statutory duties, establishes provisions for a Deputy Clerk, and makes related amendments to the City Code. Following reinstatement of the office, the Mayor will appoint a qualified individual to fill the vacancy, subject to the advice and consent of the City Council. ACTIONS PROPOSED: Approve Ordinance No. 26-O-0021 reestablishing the office and duties of the City Clerk. COMMITTEE RECOMMENDATION: This item was not sent to committee. ===== PDF PAGE 97 ===== 1 CITY OF WEST CHICAGO DUPAGE COUNTY, ILLINOIS ORDINANCE NO. 26-O-0021 AN ORDINANCE REPEALING ORDINANCES NO. 22-O-0031 AND 22-O-0032 and RESTORING THE OFFICE AND DUTIES OF THE CITY CLERK WHEREAS, the City of West Chicago (hereinafter referred to as the “City”) is an Illinois home rule municipality organized, operated and existing pursuant to Section 6(a), Article VII of the 1970 Illinois Constitution; and WHEREAS, the City, as a home rule unit of government, may exercise any power and perform any function pertaining to its government affairs; and WHEREAS, in 2022, the City adopted Ordinance No. 22-0031 (the “Clerk Duty Reassignment Ordinance”) and Ordinance No. 22-0032 (“Clerk Abolition Ordinance”) WHEREAS, by enacting the Clerk Duty Reassignment Ordinance and the Clerk Abolition Ordinance, the City Council sought to eliminate the office of City Clerk and reassign the Clerk’s duties to the City Administrator and City personnel supervised by the Administrator; and WHEREAS, the City has determined, pursuant to the advice of its legal counsel, that the office of City Clerk is established by law (65 ILCS 5/3.1-15-5) and that the Illinois Constitution prevents the City from eliminating the Clerk’s Office or re-assigning the duties without a referendum vote (Ill.Const. Art. 7, §6(f)); and WHEREAS, because the City lacked authority to eliminate the City Clerk position, the Clerk Abolition Ordinance is ultra vires and void; and WHEREAS, the City Council finds that restoring the Office of City Clerk will clarify and enhance the legality and effectiveness of City government, restore the statutory balance of powers within City government, and clarify the assignment of duties of and scope of authority for both elected and appointed City officials; and WHEREAS, the City Council hereby finds that repealing the Clerk Duty Reassignment Ordinance and the Clerk Abolition Ordinance is in the public interest; and WHEREAS, the City Council declares a vacancy in the restored elective office of the City Clerk; and WHEREAS, in accordance with 65 ILCS 5/3.1-10-50(f)(3), the Mayor shall appoint a qualified person to fill the vacant elective office of the City Clerk, subject to the advice and consent of the City Council, for the balance of the term until the next consolidated election taking place on April 3, 2029 at which point a municipal clerk shall be elected in accordance 65 ILCS 5/3.1-15-5; and ===== PDF PAGE 98 ===== 2 WHEREAS, on the advice of legal counsel, the City Council hereby finds and determines that a member of an unpaid advisory-only commission of the City, who has taken no oath of office and which commission has no authority to expend funds or legally bind the City to any obligation, shall not be considered an officer of the City for purposes of determining eligibility to hold the office of mayor, alderperson, clerk or treasurer of the City; and WHEREAS, the City Council further finds it to be in the interest of administrative and organizational efficiency to further clarify the role of the City Clerk, to establish the position of deputy clerk for the purposes set forth in this Ordinance and consistent with State law. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF WEST CHICAGO, DUPAGE COUNTY, ILLINOIS, IN THE EXERCISE OF ITS HOME RULE AUTHORITY, AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are incorporated as though fully set forth herein. SECTION 2: Repealer. A. The Clerk Duty Reassignment Ordinance is hereby repealed in its entirety and is of no further force or effect. B. The Clerk Abolition Ordinance is hereby repealed in its entirety and is of no further force or effect. SECTION 3: Restoration of Office of City Clerk, Duties and Salary. Chapter 2 (“Administration”), Article 2 (“Elected Officials”), Division 5 (“City Clerk”), Sections 2-91 through 2-97 of the City of West Chicago Code of Ordinances are hereby amended to read as follows (additions are in bold and underlined deletions are in Sec. 2.-91. Reserved. Sec. 2-92 – Election; Duties. The Clerk shall be elected and shall take the oath of office prescribed by statute. The Clerk’s bond, conditioned upon the faithful performance of his/her duties, is deemed fulfilled by the coverage provided by the City’s self-insurance pool’s coverage of public officials’ fidelity, crime and honesty (dishonesty) coverages referenced in Section 2-124 of the City Code. - ===== PDF PAGE 99 ===== 3 Sec. 2-94 – Powers and Duties. A. The Clerk shall have all the powers and perform all the duties now or hereinafter provided by the laws of the State and this Code. Among other things, it shall be the Clerk’s duty to perform all duties set forth under State law. B. In addition to the duties provided by law, the Clerk shall seal and attest all ordinances, resolutions, contracts, licenses, permits and such other documents as may require this formality. C. The Clerk shall issue and cause to be served upon the City Council notices of all regular and special meetings of the City Council and any other notices required by law. D. Minutes and recordings of City Council meetings. The Clerk shall attend regular and special City Council meetings and shall prepare meeting minutes thereof prior to the subsequent Council meeting and make a copy of the minutes available to the Council within the statutory time period. E. The Clerk shall be responsible for performing all the duties as Local Election Official, including certifying public questions, and receiving candidate nomination papers. F. The Clerk shall be responsible for certifying any and all corporate documents of the City when required by law or ordinance to be certified. G. In addition to the duties herein provided, the Clerk shall perform such other duties and functions as may be required by statute or ordinance as enacted or amended from time to time. H. The Clerk may designate duties to the Deputy City Clerk who shall, during the disability or absence of the City Clerk, have and exercise all of the City Clerk’s powers and duties imposed by law or authorized by ordinance. Notwithstanding any provisions of this section, the Administrator may designate additional personnel ===== PDF PAGE 100 ===== 4 to assist the Clerk in the performance of the duties herein provided or imposed upon the Clerk by the laws of the State of Illinois. Sec. 2-95 – Elections; term; Vacancy; Bond. A. The Clerk shall be elected at the municipal election when the Mayor is elected and shall hold the office for four (4) years. B. In case the office of clerk shall become vacant, a successor shall be appointed by the Mayor as provided by statute, subject to the advice and consent of the City Council. C. Bond. Before entering upon his or her duties of office, the Clerk shall execute a bond in the amount established by the corporate authorities from time to time, which bond shall be conditioned upon the faithful performance of his or her duties. Sec. 2-96 – Compensation. The annual compensation of the Clerk is hereby fixed at the sum of four thousand, five hundred dollars ($4,500.00), payable in accordance with the City’s usual payroll practices. Sec. 2-97 – Deputy Clerk. A. There is hereby created the position of Deputy Clerk. The Deputy Clerk will be a City employee designated by the City Administrator, and the employee may hold other positions within the City. The Deputy Clerk shall have the power and duty to execute all documents required by any law or ordinance to be executed by the Clerk, and affix the seal of the City thereto whenever required. A person need not be a resident of the City to serve as a Deputy Clerk. B. When signing any documents, the Deputy Clerk shall sign the name of the City Clerk followed by the word "By" and the Deputy Clerk's own name and the words "Deputy Clerk.” C. The powers and duties herein described shall be exercised by the Deputy Clerk only in the absence of the City Clerk from his or her office in the City Hall, and only when either written direction has been given by the City Clerk to exercise such power, or the City Council has determined by resolution that the City Clerk is temporarily or permanently incapacitated to perform such function. D. The Deputy Clerk shall have the authority and power herein described, and such further power and authority as may be provided by statute and shall ===== PDF PAGE 101 ===== 5 receive such compensation for these services as the City Council may from time to time fix. SECTION 4: Further Amendments. Chapter 2 (“Administration”), Article 3 (“Appointed Officers”), Division 1 (“City Administrator”), Section 2-131 (“Duty to Keep Records”) of the City of West Chicago Code of Ordinances is hereby deleted in its entirety and shall be marked “Reserved.” SECTION 5: Restoration of Office of City Clerk, Duties and Salary. Chapter 2 (“Administration”), Article 1 (“In General”), Section 2-7(b) (“Form of Government; Corporate Authorities”), of the City of West Chicago Code of Ordinances is hereby amended to read as follows (additions are in bold and underlined deletions are in Sec. 2-7. - Form of government; corporate authorities. (a) The city shall be governed by the aldermanic form of government. The city council of the City of West Chicago shall consist of the mayor and two (2) aldermenpersons from each ward. (b) There shall be elected a mayor, a clerk and fourteen (14) aldermenpersons. SECTION 6: Resolution of Conflicts. All Resolutions and other actions in conflict with this Resolution are repealed to the extent of such conflict. SECTION 7: Effective Date. This Resolution shall be in full force and effect from and after its passage and approval. Adopted by the City Council of the City of West Chicago, DuPage County, Illinois this __________ day of September 2026 by roll-call vote as follows: VOTE: Alderman J. Alcántar-García ______ Alderman D. Beebe ______ Alderman I. Santiago ______ Alderman J. Sheahan ______ Alderman D. Carreto-Muñoz ______ Alderman T. Hernandez ______ Alderman S. Dimas ______ Alderman M. Birch Ferguson ______ Alderman C. Swiatek ______ Alderman J. Smith, Jr. ______ Alderman C. Aviña Soto ______ Alderman R. Stout ______ Alderman M. Myers ______ Alderman J. Morano ______ ______________________________ Daniel Bovey, Mayor ATTEST: __________________________________ Viviana Ramirez, Administrator ===== PDF PAGE 102 ===== 1 CITY OF WEST CHICAGO DUPAGE COUNTY, ILLINOIS ORDINANCE NO. 26-O-0021 AN ORDINANCE REPEALING ORDINANCES NO. 22-O-0031 AND 22-O-0032 and RESTORING THE OFFICE AND DUTIES OF THE CITY CLERK WHEREAS, the City of West Chicago (hereinafter referred to as the “City”) is an Illinois home rule municipality organized, operated and existing pursuant to Section 6(a), Article VII of the 1970 Illinois Constitution; and WHEREAS, the City, as a home rule unit of government, may exercise any power and perform any function pertaining to its government affairs; and WHEREAS, in 2022, the City adopted Ordinance No. 22-0031 (the “Clerk Duty Reassignment Ordinance”) and Ordinance No. 22-0032 (“Clerk Abolition Ordinance”) WHEREAS, by enacting the Clerk Duty Reassignment Ordinance and the Clerk Abolition Ordinance, the City Council sought to eliminate the office of City Clerk and reassign the Clerk’s duties to the City Administrator and City personnel supervised by the Administrator; and WHEREAS, the City has determined, pursuant to the advice of its legal counsel, that the office of City Clerk is established by law (65 ILCS 5/3.1-15-5) and that the Illinois Constitution prevents the City from eliminating the Clerk’s Office or re-assigning the duties without a referendum vote (Ill.Const. Art. 7, §6(f)); and WHEREAS, because the City lacked authority to eliminate the City Clerk position, the Clerk Abolition Ordinance is ultra vires and void; and WHEREAS, the City Council finds that restoring the Office of City Clerk will clarify and enhance the legality and effectiveness of City government, restore the statutory balance of powers within City government, and clarify the assignment of duties of and scope of authority for both elected and appointed City officials; and WHEREAS, the City Council hereby finds that repealing the Clerk Duty Reassignment Ordinance and the Clerk Abolition Ordinance is in the public interest; and WHEREAS, the City Council declares a vacancy in the restored elective office of the City Clerk; and WHEREAS, in accordance with 65 ILCS 5/3.1-10-50(f)(3), the Mayor shall appoint a qualified person to fill the vacant elective office of the City Clerk, subject to the advice and consent of the City Council, for the balance of the term until the next consolidated election taking place on April 3, 2029 at which point a municipal clerk shall be elected in accordance 65 ILCS 5/3.1-15-5; and ===== PDF PAGE 103 ===== 2 WHEREAS, on the advice of legal counsel, the City Council hereby finds and determines that a member of an unpaid advisory-only commission of the City, who has taken no oath of office and which commission has no authority to expend funds or legally bind the City to any obligation, shall not be considered an officer of the City for purposes of determining eligibility to hold the office of mayor, alderperson, clerk or treasurer of the City; and WHEREAS, the City Council further finds it to be in the interest of administrative and organizational efficiency to further clarify the role of the City Clerk, to establish the position of deputy clerk for the purposes set forth in this Ordinance and consistent with State law. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF WEST CHICAGO, DUPAGE COUNTY, ILLINOIS, IN THE EXERCISE OF ITS HOME RULE AUTHORITY, AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are incorporated as though fully set forth herein. SECTION 2: Repealer. A. The Clerk Duty Reassignment Ordinance is hereby repealed in its entirety and is of no further force or effect. B. The Clerk Abolition Ordinance is hereby repealed in its entirety and is of no further force or effect. SECTION 3: Restoration of Office of City Clerk, Duties and Salary. Chapter 2 (“Administration”), Article 2 (“Elected Officials”), Division 5 (“City Clerk”), Sections 2-91 through 2-97 of the City of West Chicago Code of Ordinances are hereby amended to read as follows (additions are in bold and underlined deletions are in Sec. 2.-91. Reserved. Sec. 2-92 – Election; Duties. The Clerk shall be elected and shall take the oath of office prescribed by statute. The Clerk’s bond, conditioned upon the faithful performance of his/her duties, is deemed fulfilled by the coverage provided by the City’s self-insurance pool’s coverage of public officials’ fidelity, crime and honesty (dishonesty) coverages referenced in Section 2-124 of the City Code. - ===== PDF PAGE 104 ===== 3 Sec. 2-94 – Powers and Duties. A. The Clerk shall have all the powers and perform all the duties now or hereinafter provided by the laws of the State and this Code. Among other things, it shall be the Clerk’s duty to perform all duties set forth under State law. B. In addition to the duties provided by law, the Clerk shall seal and attest all ordinances, resolutions, contracts, licenses, permits and such other documents as may require this formality. C. The Clerk shall issue and cause to be served upon the City Council notices of all regular and special meetings of the City Council and any other notices required by law. D. Minutes and recordings of City Council meetings. The Clerk shall attend regular and special City Council meetings and shall prepare meeting minutes thereof prior to the subsequent Council meeting and make a copy of the minutes available to the Council within the statutory time period. E. The Clerk shall be responsible for performing all the duties as Local Election Official, including certifying public questions, and receiving candidate nomination papers. F. The Clerk shall be responsible for certifying any and all corporate documents of the City when required by law or ordinance to be certified. G. In addition to the duties herein provided, the Clerk shall perform such other duties and functions as may be required by statute or ordinance as enacted or amended from time to time. H. The Clerk may designate duties to the Deputy City Clerk who shall, during the disability or absence of the City Clerk, have and exercise all of the City Clerk’s powers and duties imposed by law or authorized by ordinance. Notwithstanding any provisions of this section, the Administrator may designate additional personnel ===== PDF PAGE 105 ===== 4 to assist the Clerk in the performance of the duties herein provided or imposed upon the Clerk by the laws of the State of Illinois. Sec. 2-95 – Elections; term; Vacancy; Bond. A. The Clerk shall be elected at the municipal election when the Mayor is elected and shall hold the office for four (4) years. B. In case the office of clerk shall become vacant, a successor shall be appointed by the Mayor as provided by statute, subject to the advice and consent of the City Council. C. Bond. Before entering upon his or her duties of office, the Clerk shall execute a bond in the amount established by the corporate authorities from time to time, which bond shall be conditioned upon the faithful performance of his or her duties. Sec. 2-96 – Compensation. The annual compensation of the Clerk is hereby fixed at the sum of four thousand, five hundred dollars ($4,500.00), payable in accordance with the City’s usual payroll practices. Sec. 2-97 – Deputy Clerk. A. There is hereby created the position of Deputy Clerk. The Deputy Clerk will be a City employee designated by the City Administrator, and the employee may hold other positions within the City. The Deputy Clerk shall have the power and duty to execute all documents required by any law or ordinance to be executed by the Clerk, and affix the seal of the City thereto whenever required. A person need not be a resident of the City to serve as a Deputy Clerk. B. When signing any documents, the Deputy Clerk shall sign the name of the City Clerk followed by the word "By" and the Deputy Clerk's own name and the words "Deputy Clerk.” C. The powers and duties herein described shall be exercised by the Deputy Clerk only in the absence of the City Clerk from his or her office in the City Hall, and only when either written direction has been given by the City Clerk to exercise such power, or the City Council has determined by resolution that the City Clerk is temporarily or permanently incapacitated to perform such function. D. The Deputy Clerk shall have the authority and power herein described, and such further power and authority as may be provided by statute and shall ===== PDF PAGE 106 ===== 5 receive such compensation for these services as the City Council may from time to time fix. SECTION 4: Further Amendments. Chapter 2 (“Administration”), Article 3 (“Appointed Officers”), Division 1 (“City Administrator”), Section 2-131 (“Duty to Keep Records”) of the City of West Chicago Code of Ordinances is hereby deleted in its entirety and shall be marked “Reserved.” SECTION 5: Restoration of Office of City Clerk, Duties and Salary. Chapter 2 (“Administration”), Article 1 (“In General”), Section 2-7(b) (“Form of Government; Corporate Authorities”), of the City of West Chicago Code of Ordinances is hereby amended to read as follows (additions are in bold and underlined deletions are in Sec. 2-7. - Form of government; corporate authorities. (a) The city shall be governed by the aldermanic form of government. The city council of the City of West Chicago shall consist of the mayor and two (2) aldermenpersons from each ward. (b) There shall be elected a mayor, a clerk and fourteen (14) aldermenpersons. SECTION 6: Resolution of Conflicts. All Resolutions and other actions in conflict with this Resolution are repealed to the extent of such conflict. SECTION 7: Effective Date. This Resolution shall be in full force and effect from and after its passage and approval. Adopted by the City Council of the City of West Chicago, DuPage County, Illinois this __________ day of September 2026 by roll-call vote as follows: VOTE: Alderman J. Alcántar-García ______ Alderman D. Beebe ______ Alderman I. Santiago ______ Alderman J. Sheahan ______ Alderman D. Carreto-Muñoz ______ Alderman T. Hernandez ______ Alderman S. Dimas ______ Alderman M. Birch Ferguson ______ Alderman C. Swiatek ______ Alderman J. Smith, Jr. ______ Alderman C. Aviña Soto ______ Alderman R. Stout ______ Alderman M. Myers ______ Alderman J. Morano ______ ______________________________ Daniel Bovey, Mayor ATTEST: __________________________________ Viviana Ramirez, Administrator