R-78-07 Appoint James W. Fessler as Administrative Adjudication Hearing OfficerRESOLUTION R- 7g- e 7
RESOLUTION APPOINTING JAMES W. FESSLER
AS ADMINISTRATIVE ADJUDICATION HEARING OFFICER
WHEREAS, the Village of Lemont adopted an Ordinance Adding Title 11 to the Municipal Code of
the Village of Lemont in Regard to the Administrative Adjudication of Vehicular Regulation Violations; and
WHEREAS, the Village of Lemont adopted an Ordinance Adding Title 4 to the Municipal Code of the
Village of Lemont in Regard to the Administrative Adjudication of Municipal Code Violations; and
WHEREAS, the aforesaid Ordinances established the Village Ordinance Enforcement Department, an
executive department of the municipal government, which shall function as a code hearing department and
have the power to enforce compliance with all municipal ordinances, including the Building Code, as from
time to time authorized by the Village Board; and
WHEREAS, the Ordinance Enforcement Department shall be composed of Hearing Officers, as
appointed by the Mayor with advice and consent of the Board of Trustees; and
WHEREAS, the Hearing Officer means a municipal employee or an officer or agent of the Village,
other than law enforcement officer; and
WHEREAS, prior to conducting proceedings under this section, the Hearing Officer shall successfully
complete a formal training program that includes the following: instructions on the rules of procedure of the
hearing that they will conduct; orientation to each subject area of the code violations that they will administer;
observation of administrative hearings; participation in hypothetical cases, including rules on evidence and
issuing final orders; and
WHEREAS, every Hearing Officer must be an attorney licensed to practice law in the State of Illinois
for at least three (3) years.
NOW, THEREFORE, BE IT RESOLVED by the CORPORATE AUTHORITIES, OF THE VILLAGE
OF LEMONT, COOK, WILL, AND DUPAGE COUNTIES, ILLINOIS AS FOLLOWS:
SECTION 1: That James W. Fessler, an attorney at Klein, Thorpe and Jenkins, Ltd, is hereby
appointed to serve as Administrative Adjudication Hearing Officer commencing
January 1s`, 2008.
SECTION 2: That a representative from Klein, Thorpe and Jenkins, Ltd. shall serve as alternative if
James W. Fessler is unable to carry out his aforesaid duties as Administrative
Adjudication Officer.
SECTION 3: That the Village Administrator is authorized to enter into an agreement with the
Hearing Officer for a negotiated fee for services.
SECTION 4: CONFLICTS: All prior Resolutions and Resolutions, or parts thereof in conflict or
inconsistent with this Resolution are hereby expressly repealed only to the extent of
such conflict or inconsistency.
SECTION 5: REPEALER: All Resolutions or parts of Resolutions in conflict with any of the
provisions of this Resolution shall be, and the same are hereby repealed.
SECTION 6: This Resolution shall be in full force and effect from and after its passage, approval,
and publication in pamphlet form, as provided by law.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LE ONT, COOK, WILL AND DU PAGE COUNTIES ILLINOIS on this
!C Day of u'„ -,. , 2007
Debby Blatzer
Peter Cowles
Brian Reaves
Cliff Miklos
Ronald Stapleton
Jeanette Virgilio
Attest:
AYES NAYS PASSED ABSENT
v
JOHN ' PIAZZA, Villa
r
ARLENE SMOLLEN, Village Clerk
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