Loading...
HomeMy WebLinkAboutO-25-08VILLAGE OF DEERFIELD ORDINANCE NO. 2025- 0-25-08 AN ORDINANCE OPTING PARK DISTRICT AND ,SCHOOL DISTRICTS �jTT nF THE rnnK fnlrTNTV PAT_ -RANT: nR_>(NANC'R WHEREAS, the Village of Deerfield is an Illinois home rule municipality pursuant to Article VII, Section 6 of the Illinois Constitution, 1970, -and may, pursuant to its home rule authority, undertake any action and ,adopt any ordinance relating to its ' government and affairs; and WHEREAS, on March 13, 2023, Governor Pritzker signed into law Public Act 102- 1143, known as the Illinois Paid Leave for All Workers Act (820 ILCS 19211,et seq.) ("Act") - ,and WHEREAS, the Act establishes a mandatory paid leave standard for: all' employees in Illinois, with exceptions for school district and park district' employees; and WHEREAS, Article VII, '§ 6(i) of the Illinois'Constitution of 1970 provides that home rule units of local government may exercise and perform concurrently with the State , any power or function to the extent that the General Assembly by-law does not specifically Emit the concurrent exercise of specifically declare the State's exercise to be exclusive; and WHEREAS, the Act does not preempt the Village's home rule authority; and WHEREAS, the Cook County Board of 'Commissioners ("County") adopted the Cook County Paid Leave Ordinance ("County'Ordinance"), effective December 31, 2023, which, like the Act; requires employers in the County to provide certain -minimum paid leave benefits to certain -employees. WHEREAS, the County Board of Commissioners adopted an amendment to the County Ordinance to temporarily exempt school' districts and park'districts from complying with the County Ordinance until January 1, 2025'("`Temporary County Exemption")-, and WHEREAS, despite the State having exempted school districts and park districts from the Act, the County has not extended the Temporary County Exemption, which means school 'districts and park districts located in the County must comply with the County Ordinance beginning on January 1, 2025 and WHEREAS, the Village recognizes that 'compliance with the County Ordinance imposes a unique hardship -on units of local government that provide essential services to the residents of the Village, including the Deerfield Park District, which is organized under the Illinois Park District Code, and Glenbrook High School District 225, Northbrook School District 27, and Northbrook School District 28, which are organized under the 44na4s 1 School Code (collectively, the "Taxing Bodies"); and WHEREAS, the Village further recognizes that compliance with the County Ordinance might affect the Taxing Bodies' 'day-to-day operations and their ability to provide uninterrupted services; and WHEREAS, the Village deems it necessary to exercise its home rule authority so that the Taxing Bodies may continue to maintain their existing paid leave benefits program after the expiration of the Temporary County Exemption; and WHEREAS, this Ordinance prevails over the County -Ordinance to the extent it conflicts with the County Ordinance pursuant to Section 6(c) of Article VII of the Illinois Constitution; and WHEREAS, the President and Board 2of Trustees have determined that it will serve and be in the best interest of the Village and its residents to exempt the Taxing Bodies from the County Ordinance in the manner set forth in this Ordinance, pursuant to the Village's home rule powers under the Illinois Constitution of 1970; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE BOARD OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows: SECTI N ONE: REM LS. The facts and statements contained in the preamble to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance. A. Pursuant to its home rule authority, the Village hereby declares that the Taxing Bodies are exempt from following the County Ordinance for their own employees who are primarily engaged in work within the Village of Deerfield and may continue to offer those employees the same paid leave benefits that they currently provide to those employees, as such benefits may be amended from time to time. B. This Ordinance governs over and supersedes all provisions of the County Ordinance to the extent it conflicts with the County Ordinance. C. This Ordinance, once adopted, applies to all employees of the Taxing Bodies who are primarily engaged in work within the Village of Deerfield. SEC : , FVFRABILITY. If any _provision of this Ordinance or part thereof is held invalid by a court of competent jurisdiction, the remaining provisions of this Ordinance are to remain in full force and effect, and are to be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent of this Ordinance to the greatest extent permitted by applicable law. SECTION FOTR: EFFECTIVE _DATE. This Ordinance will be in full force and effect from and after its passage, approval, and publication in the manner provided by law. [SIGNATURE PAGE FOLLOWS] A007 =100 7007 . ') AYES: Benton, Goldstone, Oppenheim, Shapiro NAYS: None ABSTAIN: None ABSENT: Berg, Jacoby, Metts-Childers PASSED: April 7, 2025 APPROVED: April 7, 2025 ORDINANCE N0, 0-25-08 Daniel C. Shapiro, Mayor ATTEST: Kent S. Str t, Village Cler 4897-5199-7992, v. 2 DeerfiemON Park District February 28, 2025 Kent Street Village Manager Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 Dear Kent: I am writing on behalf of the Park Board of Commissioners to request the Village Board consider exempting Deerfield Park District from the Cook County Paid Leave for All Workers Ordinance. The State of Illinois enacted the Paid Leave for All Workers Act (PLAWA) (820 ILCS 192/1 et seq.) in March 2023, specifically exempting Illinois Park and School Districts. However, in December 2023, Cook Countypassed its own paid leave ordinance, removing this exemption without consultation or engagement with affected districts, which has resulted in an unfunded mandate. Due to the efforts of Park and School Districts, the Cook County Board of Commissioners has had several discussions regarding amending the County Ordinance to eliminate discrepancies with The Act (PLAWA), but to date no permanent solution has been passed. The County Board approved a temporary exemption for Park and School Districts until January 1, 2025. The Park District currently provides a comprehensive benefits package, including sick leave, vacation, holiday and personal days for our full-time employees. The County Ordinance will primarily require paid leave time for our seasonal and part-time employees. The additional paid leave requirement of the County Ordinance requires employers provide certain employees a minimum of one hour of leave for every 40 hours worked, up to 40 hours annually. This creates challenges for the Park District and has the potential to negatively impact the Park District's ability to provide continuous essential services to the community, including: Commissioners Affiliated With an i. ' d �viiciaa�l i3iu�,� Caron :�atiorai Re.�a4^��cn and :'ark Assc;aticn Jo: Cohen t% Paiij kin iiJinois Assuiatim of Park Nstricts u;:;b9Z 1a :Ilnois Park and Recioation Association �,4�. 1. Safety and Operational Concerns: The District already faces staffing challenges during inclement weather, weekends, holidays, summer camp and more. The additional benefit time mandated by the Ordinance will require more trained staff to cover peak time -off periods. This will particularly impact critical programs such as aquatics, fitness operations, childcare, summer camp, and before and after school care, as maintaining appropriate staff ratios and required specialized training and certifications is essential for safety and compliance with state regulations. 2. Increased Costs: The paid leave expenses and cost of replacement staff will add between $10,000440,000 annually to the District's expenditures. In addition, the Park District resides in both Cook and Lake County and more resources will be needed to accurately track staff time that move between locations. We respectfully request the Village Board to join neighboring communities in adopting an ordinance of exemption from the County Ordinance. Enclosed are examples of the Village of Glenview, Village of Glencoe and the Village of Northbrook. Sincerely, Annemarie Flaherty Executive Director Deerfield Park District