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TO: Mayor Richard C. Irvin
Honorable Members of the City Council
FROM: Richard J. Veenstra
Corporation Counsel
DATE: June 6, 2019
SUBJECT:
An ordinance restating or defining the duties and functions of the corporation counsel, the assistant corporation counsels, and the Law Department, in general.
PURPOSE:
To clarify the function and duties of the Law Department and its members.
BACKGROUND:
In the summer of 2017, the City Council considered a significant realignment and reorganization of many of the City departments. Because there were no significant changes to the Law Department at the time, the Council was only asked to make minor changes proposed to the portions of the City Code that define the duties of the corporation counsel and the Law Department.
Unfortunately, Section 2-261, which provides for the general duties of the corporation counsel consists entirely of language originally codified in 1941 that used to be divided between the corporation counsel and the city attorney before the positions were consolidated in the 1990s.
Section 2-285, which defines the functions of the Law Department was adopted in 1991. The Council did amend Section 2-285 in 2017, but only to reflect the addition of a community-based prosecutor to the departmental staff. Despite the Law Department's extensive involvement in the City's administrative hearing program and risk management functions, the Code is silent as to these significant duties.
DISCUSSION:
Since the corporation counsel and assistant corporation counsel positions were both vacant when the Council last visited these Code provisions, there were no in-house attorneys available to provide assistance in crafting changes to better reflect the duties of the corporation counsel, the assistant corporation counsel, or even the Law Department as a whole in the second largest city in Illinois.
The proposal replaces existing Sections 2-261 and 2-285 with more modern language that better embraces all of the functions of both the corporation counsel and the Law Department. It also formally consolidates the City's risk management and administrative hearing functions into the Law Department. New Section 2-262 defines the duties of an assistant corporation counsel, while new Section 2-263 provides guidance in situations where the corporation counsel is unavailable, professionally conflicted, or the position itself is vacant. The processes set forth in this proposal for selecting assistant corporation counsel or special counsel are carried over from the processes currently contained in the City Code (see current 2-285(b) and (c)). With respect to the settlement authority of the corporation counsel set forth in Section 2-261(c), a separate resolution will be needed for the Council to precisely define the scope of the authority, if any, it wishes to confer upon the corporation counsel to settle matters.
IMPACT STATEMENT:
Approval of this proposal will amend the City Code to accurately reflect the current duties of the corporation counsel, the assistant corporation counsels, and the Law Department
RECOMMENDATIONS:
That the Council approve this proposed ordinance.
cc: Rules, Administration, and Procedures Committee
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance amending Chapter 2, Article III, Division 6, Section 2-285, and Section 2-286(c)(3) of the Code of the City of Aurora pertaining to the duties of the Corporation Counsel and the Law Department.
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, the Council finds it necessary and appropriate to revise the duties of the corporation counsel to reflect current practices, to define the office of and provide for the duties of assistant corporation counsel and to provide for appropriate contingencies in the unavailability of the corporation counsel or a vacancy in the office; and
WHEREAS, the Council finds it necessary and appropriate to refine the powers of the Law Department to include responsibly for duties related to administrative hearings and risk management;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows: that Sections 2-261 and 2-285 of the City Code are repealed in their entirety; and further
BE IT ORDAINED, that the provisions set forth in Exhibit A shall be and hereby are adopted as Chapter 2, Article III, Division 6 and Section 2-285; and further
BE IT ORDAINED, that Section 2-286 (c)(3) shall be and hereby is amended by replacing the words "risk management" with the words "workers compensation".