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TO: Mayor Thomas J. Weisner
FROM: Alayne Weingartz, Corporation Counsel
DATE: December 5, 2014
SUBJECT:
Requesting approval of a Memorandum of Understanding between the City, the Election Commission and Kane County.
PURPOSE:
This proposed Memorandum seeks to clarify and clearly set forth all procedures and prerequisites for payments by the City to the Aurora Election Commission.
BACKGROUND:
The Aurora Election Commission (AEC) is an independent body. Commissioners are appointed by the Judge of the 16th Circuit Court and serve a three year term. Terms are staggered and presently filled by Leah Anderson, Chair, Michael McCoy, Vice Chair and Lillian Perry, Secretary.
According to State law, Kane County is required fund certain AEC expenses by statutory formula. While the City has no input into the AEC's overall budgeting process, State law further requires the City to pay AEC expenses not covered by the statutory formula.
Prior to 2010, the City provided space and basic support services to the AEC in order to assist in keeping the Commission's expenses as low as possible for the benefit of Aurora taxpayers. The arrangement also allowed the AEC's budget and procurement process to seamlessly integrate with the City of Aurora's processes. In 2010, the AEC decided to separate from the City of Aurora and vacated the city-owned space.
Concerned about increasing costs and the lack of public accountability for taxpayer dollars, on August 10, 2010, the Aurora City Council adopted Resolution R10-280 requesting that a proposition to reject or maintain the city election law (The Aurora Election Commission) be submitted to the electors of Aurora at the General Election to be held on November 2, 2010. While the Illinois Constitution clearly provides for a referendum question to be placed on the ballot by City Council resolution under Art. 7, the Aurora Election Commission took the position that they would not certify such a question and place it on the ballot. The City opted against a legal challenge because the City would have been responsible for paying its own legal expenses as well as those of the AEC.
Over the last several years, numerous issues have arisen with regards to statutorily mandated County and City payments to the Election Commission. In June 2013, the City and AEC with guidance from the Chief Judge of the Sixteenth Circuit began discussions toward this memorandum of agreement, which seeks to create an efficient, transparent and accountable process for the payment of the Commission's expenses.
DISCUSSION:
A Memorandum of Understanding has been agreed to, in principle, between the parties, which is designed to specifically address these issues. The timing of the Election Commission budget process is included, as well as the City's receipt of said budget, the method of communication between the parties is specified, and the timing and prerequisites for any payment to the Commission is all explicitly set forth in this MOU. We have provided, as well, for maintenance of records and financial reporting, an annual audit and transparency of the parties financial and approval processes. We believe that, if complied with fully, this agreement will significantly improve the efficiency, transparency and accountability of the AEC's budget and procurement processes.
IMPACT STATEMENT:
This Memorandum does not change the City's overall obligation regarding the payment of statutorily mandated expenses of the Aurora Election Commission, it merely sets forth the procedures to be followed by the parties involved regarding said financial obligation.
RECOMMENDATIONS:
I request approval of this Memorandum of Understanding through the attached Resolution of the Council.
cc: Alderman O'Connor, Chairman
Alderman Mervine
Alderman Bohman
Alderman Peters, Alternate
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
title
A Resolution Approving a Memorandum of Understanding, by and between the Aurora Election Commission, the City of Aurora, and the County of Kane for Funding of the Aurora Election Commission.
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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 pays certain expenses incurred by the Aurora Election Commission, as provided for in the Illinois Election Code 55 ILCS 5/5-25, 10 ILCS 5/6-21 and 10 ILCS 5/6-70; and
WHEREAS it is desirable that the City enter into a Memorandum of Understanding with the County and the Election Commission to specify the terms for said payments.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: That the City Council hereby approves the Memorandum of Understanding that is attached hereto and incorporated herein by reference as Exhibit "A".
PASSED AND APPROVED on ______________.
AYES ____ NAYS ____ NOT VOTING ____ ABSENT ____
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Alderman Bohman, Ward 1 Alderman Garza, Ward 2
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Alderman Mesiacos, Ward 3 Alderman Donnell, Ward 4
____________________________ __________________________
Alderman Peters, Ward 5 Alderman Saville, Ward 6
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Alderman Hart-Burns, Ward 7 Alderman Mervine, Ward 8
____________________________ __________________________
Alderman Bugg, Ward 9 Alderman Johnson, Ward 10
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Alderman Irvin, At Large Alderman O'Connor, At Large
ATTEST:
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City Clerk Mayor
EXHBIIT "A" Memorandum of Understanding