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TO: The Committee of the Whole
FROM: The Law Department
DATE: May 10, 2019
SUBJECT:
An Ordinance amending Chapter 2, Article II, Division 5 of the Code of Ordinances of the City of Aurora pertaining to the number, composition, and jurisdiction of the committees of the City Council.
PURPOSE:
To propose an increase in the size and number of the Council's standing committees.
BACKGROUND:
The City Council adopted its committee structure in March of 1977 shortly after the City voted to abandon the commission form of municipal government, but prior to the April 1977 mayoral and aldermanic elections. As originally conceived, the incoming Mayor would divide the incoming Council, comprised of himself and eight (8) aldermen, evenly among three standing committees, Finance, Government Operations (GO), and Planning and Development (P&D). This original configuration did not provide for alternate committee members. The Council created Committee of the Whole (COW) at this time.
The most significant change to this structure occurred in 1991 when the Council created a fourth standing committee, the Environment and Water Quality Committee. This change coincided with the addition of two additional aldermen and introduced the concept of alternate members. The Council also expanded the jurisdiction of each of the original three standing committees at this time. In 2003, the Council replaced the Environmental and Water Quality Committee with the Building, Grounds, and Infrastructure (BGI) Committee, but made no changes to the size of the standing committees, despite the addition of two additional aldermen.
Over the past 42 years, the number of aldermen has increased by 50%, but the committee continues to include only three aldermen apiece. In 1977, each committee represented 1/3 of the full Council; today, each committee represents 1/4 of the Council. Informal customs and practices have also expanded the perceived jurisdiction of committees without the Council making corresponding changes to the Code. The Open Meetings Act, which the legislature enacted after the Council adopted the 3-person committee structure, makes it illegal for two committee members to discuss committee business outside of an open meeting.
DISCUSSION:
The proposal before the Council proposes an increase in the number of standing committees from four to five and increases the number of members on each committee from three to five. Each standing committee will have a committee chairman and a vice chairman. This change will require each member of the Council to serve on at least one and as many as three standing committees. In nearly all cases, each member will serve on two committees.
In addition to these structural changes, Ordinance proposes to allocate the jurisdiction of each standing committee to align by City department to the greatest extent possible, consistent with the Council's 2017 departmental reorganization. As is current practice, the Mayor will designate the leadership and membership of each committee subject to the advice and consent of the City Council. The proposal would also authorize standing committees to make recommendations on purchasing matters requiring Council approval for departments and divisions that fall within their jurisdiction. Currently, the Finance Committee, and to a limited extent, the BGI Committee are the only committees to make these recommendations.
As was the case in 1977, these changes are presented as entirely new legislative language. If adopted, Exhibit A will replace current Division 5 in its entirety. For this reason, and given the nature of the changes, it was not possible to create a conventional redlined document. Nevertheless, the existing Division 5 is included as an exhibit for comparison purposes. Additionally, Exhibit B reflects the corresponding change to Section 2-60(b).
At its meeting of April 24, 2019, the Special Committee on Revisions to the City Code (Special Committee) considered the proposal attached to this memorandum and forwarded it to the Committee of the Whole with no recommendation. The Special Committee's practice has been to devote at least two sessions to its consideration of substantive Code changes, but it recognized it could do the same with this proposal before the Special Committee's "sunset" on May 7. The Special Committee, nevertheless, responded well to most of the items contained in the proposal, but its members expressed concern over changes to the purchasing procedures which impacted the Finance Committee's ability to control expenditures. Members also expressed their belief that a Mayor should not ordinarily serve a standing committee member, though this proposal in its present form neither requires nor prohibits that from occurring. As is the case now, all committee appointments will require the advice and consent of the City Council.
At its May 7, 2019 meeting, the Committee of the Whole considered a revision of the proposal considered by the Special Committee that rebalanced the purchasing authority of the standing committees vis-à-vis the Finance Committee such that each standing committee may approve purchases that are let pursuant to competitive sealed bidding or were specifically included in the annual budget. The revised proposal also provides for a process at Committee of the Whole to require review of any purchasing item by the Finance Committee.
The proposal, as it will appear on the agenda for the May 14, 2019, Special Committee of the Whole and City Council agendas delays the effective date for the proposed amendments to the City Code to May 31, 2019.
IMPACT STATEMENT:
The proposed committee structure should increase each Alderman's exposure to additional areas of City government and provide greater public representation on each committee. Taken as a whole, the proposed ordinance will modernize older provisions of the City Code while keeping the traditional standing committee and committee of the whole legislative process intact.
RECOMMENDATIONS:
That the Committee forward this measure to the City Council with a positive recommendation.
cc: Special Committee
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance revising Chapter 2, Article II, Division 5 of the Code of the City of Aurora pertaining to the number, composition, jurisdiction and procedures of the committees of the City Council.
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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 Council established its present committee system in 1977; and
WHEREAS, since 1977, the number of aldermen has increased by fifty percent (50%); and
WHEREAS, the present committee structure is no longer as representative of the Council or of the City as a whole as it was in 1977; and
WHEREAS, the City Council finds it efficient and proper to revise its existing committee structure to increase the number and the size of its standing committees and to redefine the subject matter jurisdiction of each; and
WHEREAS, the City Council finds it efficient and proper to consolidate and revise various provisions of the Code of the City of Aurora, (City Code) pertaining to the operation of the Committee of the Whole and the Standing Committees.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows: that Chapter 2, Article II, Division 5 of the Code of the City of Aurora consisting of Sections 2-121, 2-122, 2-123, 2-124 and 2-125 shall be and hereby amended by striking the existing provisions and inserting as replacements therefore the new provisions as set forth in Exhibit A; and further
BE IT ORDAINED, that Section 2-60(b) of the City Code shall be and hereby is amended as set forth in Exhibit B; and further
BE IT ORDAINED, that all prior ordinances, resolutions, or motions in conflict with this ordinance shall be and hereby are repealed; and further
BE IT ORDAINED, that the amendments to the City Code set forth in this Ordinance shall become effective May 31, 2019; and further
BE IT ORDAINED, that upon the effective date of the amendments to the City Code set forth Ordinance, the membership of all standing committees previously constituted under prior provisions of the City Code shall terminate; and further
BE IT ORDAINED, that notwithstanding the provisions of Section 2-123(e) of the
BE IT ORDAINED, that notwithstanding anything herein contained, the Mayor is authorized to submit to the City Council for its approval his initial appointments to the new standing committees established by this Ordinance at any subsequent meeting of the City Council