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TO: Mayor and City Council
FROM: The Law Department
DATE: July 1, 2019
SUBJECT:
Approval of a contract for the services of Attorney Mark Wade as an administrative hearing officer.
PURPOSE:
To retain the services of Attorney Mark Wade as an administrative hearing officer.
BACKGROUND:
Since 2017, Attorney Mark Wade has served as one of the City’s administrative hearing officers. In this capacity, he is responsible for presiding over hearings involving parking tickets, seizures and impounds, general ordinance violations and the motor fuel tax. Prior to becoming an administrative hearing officer, Mr. Wade was a long-time employee of the City’s Law Department who served as an assistant city attorney and an assistant corporation counsel.
DISCUSSION:
Mr. Wade is well regarded by staff and the Law Department would like to retain Mr. Wade in his current role. Because Mr. Wade does not represent the City as special counsel, City Council approval is necessary for the procurement of his professional services at the rate of two thousand and 00/100 dollars ($2,000.00) per month. The contract will remain in effect until terminated at the option of the City or Mr. Wade upon thirty (30) days notice.
IMPACT STATEMENT:
The City previously budgeted for these services in accounts 101-1102-419-32.19 (Law). Because this contract will continue until terminated by either party, Council approval is appropriate despite having a contemplated annual cost of $24,000.00, which is the amount ordinarily within a Department Head’s purchasing authority.
The 2019 budget of $184,800 provides for these services.
RECOMMENDATIONS:
That the Council approve the attached resolution.
cc: Finance Committee
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution authorizing a contract with the Law Office of Mark K. Wade for the professional services of an administrative hearing officer.
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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 City has adopted a system of administrative adjudications for violations of its code of ordinances consistent with the requirements of the Illinois Constitution and the Illinois Municipal Code; and
WHEREAS, Attorney Mark K. Wade has been designated as a hearing officer for the purposes of conducting specified administrative adjudications; and
WHEREAS, it is necessary to from time-to-time review the terms and conditions of Mr. Wade’s services in said capacity; and
WHEREAS, the City and the Law Office of Mark K. Wade have negotiated a contract for the services of Mr. Wade; and
WHEREAS, the 2019 Budget provides $184,800 in account 101-1102-419.32-19; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: that the Corporation Counsel shall be and hereby is authorized to execute a contract with the Law Office of Mark K. Wade for the services of Mark K. Wade as an administrative hearing officer that is in substantially the same form as the document attached to this resolution as Exhibit A; and further
BE IT RESOLVED, that the Corporation Counsel shall be and hereby is authorized to amend the Scope of Work and the Fee Schedule of Services set forth in said Exhibit on behalf of the City as may be necessary from time-to-time to further the purposes of the administrative adjudication program subject to appropriation and budget.