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O-06-06VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -06 -06 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD TO PROVIDE FOR THE APPOINTMENT OF NOT MORE THAN TWO EX- OFFICIO MEMBERS OF THE BOARD OF POLICE COMMISSIONERS PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 21st day of February , 2006. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 2 1st day of February , 2006. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -06 -06 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD TO PROVIDE FOR THE APPOINTMENT OF NOT MORE THAN TWO EX- OFFICIO MEMBERS OF THE BOARD OF POLICE COMMISSIONERS WHEREAS, pursuant to Division 2.1 of the Illinois Municipal Code (65 ILCS 5/10- 2.1 -1, et seq. ), the Village of Deerfield has established a Board of Police Commissioners consisting of three members that are appointed, qualified and vested with the powers and duties set forth in the Illinois Municipal Code and in Division 2 (Board of Police Commissioners) of Article 11 (Boards and Commissions) of Chapter 2 (Administration) of the Municipal Code of the Village of Deerfield; and, WHEREAS, the Board of Police Commissioners performs a vital function in regulating the examination, appointment, promotion and removal of officers of the Deerfield Police Department; and, WHEREAS, the corporate authorities of the Village of Deerfield are of the opinion that the appointment of not more than two non - voting, ex- officio members of the Board of Police Commissioners would serve the public interest in maintaining continuity in the relationship between the Board of Police Commissioners and the Police Department by providing a pool of individuals with experience in the operations of the Police Commission and the Police Department who could be appointed as regular members of the Police Commission in the event of a vacancy; and, WHEREAS, the corporate authorities have further determined that the official powers and duties of the Board of Police Commissioners under the statutes of the State of Illinois and the ordinances of the Village of Deerfield should remain vested solely in the regular members of the Board of Police Commissioners; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: That paragraphs (a) and (b) of Section 2 -119 (Establishment of Board of Police Commissioners) of Article 11 (Boards and Commissions) of Chapter 2 (Administration) of the Municipal Code of the Village of Deerfield of 1975, as amended, be and the same is hereby further amended to read as follows. Additions are indicated by underlining and deletions are indicated by strikeout: (a) There shall be a Board of Police Commissioners as provided by statute, which shall consist of three (3) members each of whose term shall be for three (3) years. Such members shall be appointed by the President by and with advice and consent of the Board of Trustees. (b) The President, by and with the advice and consent of the Board of Trustees, may appoint not more than two (2) Village residents to serve as ex- officio members of the Board of Police Commissioners. Such ex- officio members shall participate in all activities and meetings of the Board, but shall not vote on any matter that comes before the Board of Police Commissioners for consideration, and shall not be included in determining a quorum of the Board under the Open Meetings Act or for any voting purposes. Section 2 -121 of this Division shall not apply to the removal of ex- officio members of the Board of Police Commissioners. SECTION 2: That this Ordinance, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the -2- corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. SECTION 3: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. PASSED this 21st day of February , 2006. AYES: Feldman, Rosenthal, Seiden, Struthers, Wylie (5) NAYS: None (0) ABSENT: Benton (1) ABSTAIN: None (0) APPROVED this 21st ATTEST: riwolr4m - -3-