Report
of the Committee on Finance
Public
Hearing
The
Honorable,
The Board
of Commissioners of
Attendance
|
Present: |
Chairman Daley, Vice Chairman Sims, Commissioners |
|
Absent: |
President Stroger and Commissioners Beavers, Murphy,
Schneider and Suffredin (4) |
|
Also
Present: |
David Orr, |
|
Court
Reporter: |
Anthony W. Lisanti, C.S.R. |
Ladies and
Gentlemen:
Your Committee
on Finance of the Board of Commissioners of Cook County met pursuant to notice
for a public hearing on
Your
Committee has considered the following items and upon adoption of this report,
the recommendations are as follows:
With
respect to Communication Numbers 302410 and 302411, Chairman Daley asked the
Secretary to the Board to call upon the registered public speakers, in
accordance with Cook County Code, Sec. 2-108(dd), as follows:
1. Krista Grimm – Board Member, League of
Women Voters of
2. Paul Duda – representing Wells-Gardner
Electronics Corporation. Written
statement also distributed. Opposes
prohibition of video gaming.
3. George Blakemore – Concerned Citizen. Supports prohibition of video gaming.
4. Andy Shaw – Executive Director, Better
Government Association. No position on Communication
Numbers 302410 and 302411. Supports
prohibition of video gaming.
5. Glenn Keiffer – Keiffer’s Restaurant. No position on merits.
6. James Wagner – Past President,
7. Honorable James Meeks – State Senator. Supports prohibition of video gaming.
8. Christopher Anderson – Director, Gambling
9. Anita Bedell –
10. John Pastuovic – Director of Public Affairs,
11. Chris Hesch – A. H. Entertainers. Opposes prohibition of video gaming.
12. John Beinarauskas – Concerned Citizen. Supports prohibition of video gaming.
13. Athanosios Tom Matsas – Concerned Citizen. Opposes prohibition of video gaming.
14. Les Bernal – Executive Director, Stop
Predatory Gambling. Written statement
also distributed. Supports prohibition
of video gaming.
15. Darren Decatoire – People for Video Poker. Opposes prohibition of video gaming.
16. Michael Anton – Cook County Sheriff’s Police
Department. Supports prohibition of
video gaming.
17. Nancy Duel – United
18. Mike Pappas –
Chairman Daley inquired of Mr. Anton if the position he
stated, which supports the Ordinance Amendment, is that of Sheriff Thomas
Dart. Mr. Anton responded yes; Sheriff
Dart does support the prohibition of video gaming in unincorporated
Your Committee then considered the first item relating to
prohibiting video gaming in unincorporated
|
302410 |
ORDINANCE AMENDMENT PROHIBITING VIDEO GAMING IN
UNINCORPORATED PROPOSED ORDINANCE AMENDMENT PROHIBITS VIDEO GAMING IN UNINCORPORATED AS PROVIDED FOR IN THE WHEREAS,
the State of WHEREAS,
recognizing that some Illinois local jurisdictions would desire to opt out of
video gambling, Section 27 of the Video Gaming Act permits counties and
municipalities to prohibit video gaming by ordinance within their respective
corporate limits or unincorporated areas; and WHEREAS,
states such as Georgia, South Carolina, and North Carolina have abandoned
experiments with the legalization of video poker because of regulatory
difficulties, corruption, and the high social costs associated with this form
of gambling; and WHEREAS,
electronic gaming is designed to entice people to play longer, faster, and at
higher rates of wagering, according to a study by the Massachusetts Institute
of Technology; and WHEREAS,
the Cook County Board of Commissioners and the Cook County Board President
agree that legalized video poker would present a variety of adverse impacts
on residents of Cook County including the potential for corruption,
increasing the costs of law enforcement, regulatory difficulties, and high
social costs; and WHEREAS,
the legalization of video poker within WHEREAS,
the Cook County Board of Commissioners and the Cook County Board President
call on every municipality within NOW, THEREFORE, BE IT ORDAINED, by the Cook County Board
of Commissioners, that Chapter 58 Offenses and Miscellaneous Provisions,
Section 58-161 of the Cook County Code is hereby amended as follows: Sec. 58-161. Gaming devices. (a) The following words, terms and
phrases, when used in this section, shall have the meanings ascribed to them
in this subsection, except where the context clearly indicates a different
meaning: Gaming
device means any
device, mechanism or implement which, upon operation of the device, mechanism
or implement, is used in playing games which includes, but which is not
limited to pinball or any game which is a form of pinball, or any game which
is a form of poker, keno, bingo or any variation of a slot machine, and shall
include those devices, mechanisms or implements having a video display which
are intended to be played. Gaming
device shall also include any device authorized by the Place of
public resort
means any premises wherein any service or merchandise is offered for sale to
the public or where gaming devices are used, kept, owned, played or operated,
or any premises used as a clubhouse or clubrooms, or any premises which are
licensed by Cook County to engage in business, including businesses licensed
to serve and/or sell alcoholic beverages.
Place of public resort shall also include any place authorized by
the Illinois Video Gaming Act, 230 ILCS 40/1 et seq., to conduct video
gaming. (b) Owning, operating, etc., in place
of public resort. It shall be
unlawful for any person, to keep, own, play, use or operate, or cause to be
kept, owned, played, used, or operated, in any place of public resort within
the unincorporated area of the County, any gambling device, where the player,
by playing the game, is entitled to accumulate points or replays for receipt
of reward, money, or any other item of value.
Such gaming devices shall not be prohibited where the player is
rewarded only with additional opportunities to play. This section shall not be deemed to
prohibit any games of chance or skill which were expressly authorized by
State law on or before (c) Seizure. It is hereby made the duty of every law
enforcement officer to seize any gaming device kept or used in violation of
this section and, such gaming device so seized may, upon court order, be
destroyed. Any person obstructing or
resisting any law enforcement officer in the performance of any act
authorized by this subsection shall be fined not less than $100.00 nor more
than $500.00 for each offense. (d) Penalty for violation. Except as otherwise provided in this section,
any person who shall violate the provisions of this section shall be fined
not less than $100.00 nor more than $500.00 for each offense. The playing or permitting play of each
individual game in violation of this section shall constitute a distinct and
separate offense. Any violation of
this section by a liquor licensee may be cause for the revocation or
suspension of a liquor license. Effective date:
This Ordinance Amendment shall be effective upon adoption. * Referred to the
Committee on Finance on |
Commissioner Goslin entered into the record an e-mail he
received from Eugene R. Dawson, Supervisor of Barrington Township, which is
attached hereto and made a part hereof.
Commissioner Goslin,
seconded by Commissioner Gorman, moved to defer consideration of the proposed
Ordinance Amendment (Communication No. 302410) to the
ROLL CALL ON MOTION TO
DEFER
COMMUNICATION NO.
302410 TO THE
Yeas: Commissioners Claypool, Collins,
Gainer, Gorman, Goslin,
Nays: Commissioners
Absent: Commissioners Beavers, Murphy, Schneider,
Vice Chairman Sims and Suffredin (5)
The motion to defer
Communication No. 302410 to the
Your Committee next considered the second item relating to
prohibiting video gaming in unincorporated
|
302411 |
ORDINANCE AMENDMENT PROHIBITING VIDEO GAMING WITHIN
UNINCORPORATED AREAS OF PROPOSED ORDINANCE AMENDMENT ORDINANCE AMENDMENT PROHIBITING
VIDEO GAMING WITHIN UNINCORPORATED AREAS OF WHEREAS, the Video Gaming Act (230 ILCS
40/1 et seq.; P.A. 96-0034) became law on July 13, 2009 and allows licensed
retail, veterans, fraternal, or truck stop establishments to install video
gaming terminals on their premises for the purpose of conducting video
gambling; and WHEREAS, Section 58-161 of the Cook County
Code of Ordinances currently prohibits the operation of video gaming devices
in places of public resort within the unincorporated areas of Cook County;
and WHEREAS, legalized video poker would
present a variety of adverse impacts on residents of Cook County including
the potential for corruption, impact on the costs of law enforcement,
regulatory difficulties, and high social costs; and WHEREAS, the Video Gaming Act was passed
with no public input or analysis on the impact on municipalities or counties
that will be charged with implementing and enforcing the Video Gaming Act;
and WHEREAS, states such as Iowa, Georgia, South
Carolina, and North Carolina have gone on to repeal legalized video gaming
because of regulatory difficulties, corruption, and the high social costs
associated with this form of gambling; and WHEREAS, according to a study by the
Massachusetts Institute of Technology, electronic gaming is designed to
entice people to play longer, faster, and at higher rates of wagering; and WHEREAS, Section 27 of the Video Gaming
Act permits counties and municipalities to prohibit video gaming within their
respective corporate limits or unincorporated areas; and WHEREAS, Cook County is a home rule unit
of government under Article VII, Section 6 of the Illinois Constitution and
as such, may prohibit video gambling within its corporate limits through
exercising its home rule powers; and WHEREAS, the Cook County Board of
Commissioners calls upon every municipality within NOW, THEREFORE, BE
IT ORDAINED, by
the Cook County Board of Commissioners that Chapter 58 Offenses and
Miscellaneous Provisions, Section 58-161 of the Cook County Code is hereby
amended as follows: Sec. 58-161. Gaming
devices. (a) The following words, terms and
phrases, when used in this section, shall have the meanings ascribed to them
in this subsection, except where the context clearly indicates a different
meaning: Gaming
device means any
device, mechanism or implement which, upon operation of the device, mechanism
or implement, is used in playing games which includes, but which is not limited
to pinball or any game which is a form of poker, keno, bingo or any variation
of a slot machine, and shall include those devices, mechanisms or implements
having a video display which are intended to be played. The term “gaming device” specifically
includes video gaming terminals, as that term is defined in Section 5 of the Place of
public resort
means any premises wherein any service or merchandise is offered for sale to
the public or where gaming devices are used, kept, owned, played or operated,
or any premises used as a clubhouse or clubrooms, or any premises which are
licensed by Cook County to engage in business, including businesses licensed
to serve and/or sell alcoholic beverages.
The term “place of public resort” specifically includes licensed
establishments, licensed fraternal establishments, licensed veterans
establishments and licensed truck stop establishments, as those terms are
defined in Section 5 of the Illinois Video Gaming Act (230 ILCS 40/5). (b) Owning, operating, etc., in place
of public resort. It shall be
unlawful for any person to keep, own, play, use or operate, or cause to be
kept, owned, played, used or operated, in any place of public resort within
the unincorporated area of the County, any gambling device, including a
video gaming terminal, where the player, by playing the game, is entitled
to accumulate points or replays for receipt of reward, money, or any other
item of value. Such gaming devices
shall not be prohibited where the player is rewarded only with additional
opportunities to play. This section
shall not be deemed to prohibit any games of chance or skill which were
expressly authorized by State law on or before (c) Seizure. It is hereby made the duty of every law
enforcement officer to seize any gaming device kept or used in violation of
this section and, such gaming device so seized may, upon court order, be
destroyed. Any person obstructing or
resisting any law enforcement officer in the performance of any act
authorized by this subsection shall be fined not less than $100.00 nor more
than $500.00 for each offense. (d) Penalty for violation. Except as otherwise provided in this
section, any person who shall violate the provisions of this section shall be
fined not less than $100.00 nor more than $500.00 for each offense. The playing or permitting play of each
individual game in violation of this section shall constitute a distinct and
separate offense. Any violation of
this section by a liquor licensee may be cause for the revocation or
suspension of a liquor license. Effective date:
This Ordinance Amendment shall be effective upon adoption. * Referred to the
Committee on Finance on |
Commissioners
Commissioner Gainer,
seconded by Commissioner Peraica, moved that the Ordinance Amendment
(Communication No. 302411) be approved and adopted.
Following discussion,
Commissioner Gorman, seconded by Commissioner Moreno, moved to defer
consideration of the proposed Ordinance Amendment (Communication No.
302411). Commissioner Peraica called for
a Roll Call, the vote of yeas and nays being as follows:
ROLL CALL ON MOTION TO
DEFER
Yeas: Commissioners Gorman, Goslin,
Nays: Commissioners
Absent: Commissioners Beavers, Murphy, Schneider,
Vice Chairman Sims and Suffredin (5)
The motion to defer FAILED.
Returning to the main
motion to approve the Ordinance Amendment (Communication No. 302411),
Commissioner Gainer called for a Roll Call, the vote of yeas and nays being as
follows:
ROLL CALL ON MOTION TO
APPROVE
THE ORDINANCE
AMENDMENT
(COMMUNICATION NO.
302411)
Yeas: Commissioners
Nays: Commissioner Moreno (1)
Absent: Commissioners Beavers, Murphy, Schneider,
Vice Chairman Sims and Suffredin (5)
The motion carried and
the Ordinance Amendment (Communication No. 302411) was APPROVED AND ADOPTED.
With respect to Communication Number 302613, Chairman Daley
asked the Secretary to the Board to call upon the registered public speakers,
in accordance with Cook County Code, Sec. 2-108(dd). Secretary DeLeon responded that no one had
registered to testify regarding Communication Number 302613.
|
302613 |
AMENDMENTS TO THE ETHICS AND LO PROPOSED ORDINANCE AMENDMENTS AMENDMENTS TO THE ETHICS AND LOBBYIST ORDINANCES WHEREAS, accountability in government requires greater
transparency as to who is lobbying officials and employees on WHEREAS, the Cook County Ethics Ordinance establishes reporting
requirements for individuals and entities lobbying the Cook County Board and
Cook County Agencies; and WHEREAS, the Cook County Ethics Ordinance shall be amended to
require additional reporting requirements including lobbyist expenditures and
lobbyist activities, the creation of an online database as a repository for
such reports and allowing for public search of said database; and WHEREAS, the Cook County Ethics Ordinance shall be amended to
prohibit former Cook County officials and employees from lobbying the County
for a period of one year from the time the official or employee leaves
employment with the County; and WHEREAS, the Cook County Ethics Ordinance shall be amended to
increase the penalties for late filing to fall in line with the current State
of Illinois penalties for late filing; and WHEREAS, all Request for Proposal (RFP) submissions related to
Cook County contracts must include the name of any individual lobbyist as
well as the lobbying firm used in developing the RFP; and WHEREAS, all Cook County Board Meeting agendas and contract
recommendations shall include the identity of any individual lobbyist and/or
lobbying firm retained by the proposer of the contract. BE IT ORDAINED, by the Cook County Board of Commissioners, that Chapter
2 Administration, Sections 2-580, 2-622 and 2-633 through 2-634 of the Cook
County Code are hereby amended as follows: Sec. 2-580. Post
employment restrictions. (a) No former official or employee shall
assist or represent any person other than the County in any judicial or
administrative proceeding involving the County if the official or employee
was counsel of record or participated personally and substantially in the
proceeding during his or her term of office or employment. (b) No former official or employee shall
assist or represent any person in any business transaction involving the
County, if the official or employee participated personally and substantially
in that transaction during his or her term of office or employment. (c) No former official or employee may,
for a period of one year after the termination of his or her term of office
or employment, knowingly accept employment or receive compensation or fees
for services from an employer if the employee or official, during the year
immediately preceding termination of County employment and on behalf of the
County, participated personally and substantially in the decision to award
County contracts with a cumulative value of over $25,000.00 to the person or
entity, or its parent or subsidiary. (d) (e) (f) This section applies only to
persons who terminate an affected position on or after the effective date of
this article. Sec. 2-622. Definitions. Person
means any
individual, entity, corporation, partnership, firm, association, union,
trust, estate, as well as any parent or subsidiary of any of the foregoing,
and whether or not operated for profit. Sec. 2-633. Information
required of registrants. (a) Within 30 days of engaging in any
activity, which requires such person to register, and subsequently between
January 1 and January 20 of each year, every person required to register
under Section 2-631 shall file in the office of the Clerk a written
statement, subscribed under oath (1) The registrant's name, permanent address and temporary
address (if any) while lobbying. (2) The registrant’s business affiliation and business address,
or, if none, the statement that the registrant is a sole proprietor. (3) With respect to each person on behalf of which the
registrant acts as a lobbyist: a. The name, business address, permanent
address and nature of the business of the person; b. Whether the relationship is expected
to involve compensation or expenditures or both; and c. A brief description of the County
matter in reference to which such service is to be rendered. (4) The name, business address, and permanent address of each
person employed by the registrant to perform such lobbying services or who
appears on behalf of the registrant. (5) A picture of the registrant. (6) Registrants shall pay an annual, nonrefundable,
nontransferable filing fee as set out in Section 32-1, per entity and a
separate fee per exclusive lobbyist, payable to the Clerk upon filing. (b) The separate fee, per exclusive lobbyist,
as set forth in Subsection (a)(6) of this section, shall be waived for
employees of nonprofit organizations that are exempt from income taxation
under Section 501(c)(3) of the Internal Revenue Code of 1986, provided such
organizations lobby only with their own employees and the employees who lobby
work a minimum of 1,000 hours per year for the organization. (c) In the event any substantial change or
addition occurs with respect to the information required by this division to
be contained in the registration statement, including the addition or
subtraction of a client, an amendment to the statement shall be filed with
the Clerk within 14 days. (d) (e) In addition to other penalties
provided in this division, any person filing a late registration under this
section shall be assessed a late filing fee as set out in Section 32-1 per
day the registration is late, payable to the Clerk upon filing. Any person filing a late registration after
January 31 shall also be subject to a penalty of $150.00 per day, to be
levied as set forth in Section 2-637. (f) Within 48 hours of being retained,
hired or employed by any person to lobby on that person’s behalf, a
registrant shall amend the report filed pursuant to this section to include
the information required under (a)(3) of this section, as to the person newly
retaining the registrant. Sec. 2-634. Reports. (a) Every person so registering shall, so
long as the person's activity continues, file with the Clerk between January
1 and January 20 and between July 1 and July 20 (1) The lobbying expenditure report
shall state all expenses made by the person to or for the benefit of a County
official or County employee, notwithstanding whether lobbying was occurring
at the time of the expenditure, during the previous six months. The report shall show in detail the County
official or County employee to whom or for whose benefit such expenditures
were made. Expenditures made by the
registrant shall include expenditures made by the registrant’s employer
and/or contractor for whom the registrant is performing lobbying services
unless the employer or contractor independently registers and reports
pursuant to Section 2-631(3). If the
registrant lobbies for more than one person, they shall identify which
expenditures were made on behalf of each such person. Any expenditure over $100.00 shall disclose
not only the amount of the expenditure and to whom or for whose benefit such
expenditure was made, but also disclose the date of the expenditure, the use
and purpose for which the expenditure was made, and the County matter in
connection with which the expenditure was made. If the registrant made no such expenditures
during the reporting periods herein described, the registrant shall file and
state herein that the registrant had no such expenditures. (2) The Lobbying activity report shall
include all lobbying contacts made with County officials or County
employees. For each such contact, the
report shall list the date of the contact, the County official or County
employee with whom the lobbying contact was made, the entity on whose behalf
the lobbying contact was made, the subject matter of the of the lobbying
contact, including any County contract, involved in the contact. If the lobbyist has a relationship be birth
or marriage with the County official or employee lobbied, such relationship
shall be stated. If the registrant
made no such lobbying contacts during the reporting periods herein described,
the registrant shall file and state herein that the registrant had no such
contacts. (b) Individual expenditures which aggregate
$100.00 or less otherwise required to be reported (c) (d) With respect to each client of the
registrant, the registrant shall report the following in the lobbying
expenditure report: (1) The name, business and permanent
address and nature of business of the client and any other business entities
on whose behalf lobbying was performed for the same compensation. (2) A statement of the amount of
compensation. (3) The name of each person lobbied and a
brief description of the County matter involved. (e) A registrant who terminates employment
or duties which required registration under this division shall give the
Clerk, within 30 days after the date of such termination, written notice of
such termination and shall include therewith a report of the lobbying
expenditures described herein, covering the period of time since the filing
of the registrant's last report to the date of termination of employment,
and a report of the lobbying activity described herein, covering the period
of time since the filing of the registrant’s last report to the date of
termination of employment. Such
notices and reports shall be final and relieve such registrant
of further reporting under this division unless and until the person later
take employment or assumes duties that require to again register under this
division. (f) Failure without just cause to file any
such report within the time designated herein or the knowing reporting of
false or incomplete information shall constitute a violation of this
division. In addition to other
penalties provided in this division, any person filing a late report under
this section shall be assessed a late filing fee as set out in Section 32-1
per day the report is late, payable to the Clerk upon filing. Any person filing a late report after
January 31 (for reports due by January 20) or after July 31 (for reports due
by July 20) shall also be subject to a penalty of BE IT FURTHER ORDAINED, by the Cook County Board of Commissioners that
Chapter 32 Fees, Section 32-1 of the Cook County Code is hereby amended as
follows: Sec. 32-1. Fee
schedule. The fees or charges provided for or required by the below
listed sections shall be as shown below: Fees, Rates, Charges Code Section Description (in
dollars) CHAPTER 2, ADMINISTRATION 2-633 (c) Lobbyist registration, late filing fee, per day 2-634 (f) Late filing of report, per day BE IT FURTHER ORDAINED, by the Cook County Board of Commissioners that
Chapter 34 Finance, Section 34-152 of the Cook County Code is hereby amended
as follows: Sec. 34-152. Contracts not adaptable to competitive
bidding; requests for proposals or qualifications. (a) Contracts which by their nature are not
adapted to award by competitive bidding, such as contracts for the services
of individuals possessing a high degree of professional skill where the
ability or fitness of the individual plays an important part; contracts for
printing of Finance Committee pamphlets, controllers estimates, and
departmental reports; contracts for the printing or engraving of bonds, tax
warrants and other evidence of indebtedness; contracts for ballot cards,
printing of election ballots and poll sheets, and moving of election
equipment and supplies; contracts for utility services such as water, light,
heat, telephone, or telegraph; and contracts for the purchase of magazines,
books, periodicals, and similar articles of an educational or instructional
nature, and the binding of such magazines, books, periodicals, pamphlets,
reports, and similar articles shall not be subject to the competitive bidding
requirements of Section 34-151. (1) Criteria for use of requests for
proposals or requests for qualifications.
Proposals for contracts not adaptable to competitive bidding shall be
solicited through the issuance of requests for proposals ("RFP") or
requests for qualifications ("RFQ") unless otherwise authorized by
the Board. RFPs and RFQs are
appropriate when competitive bidding is not practicable or advantageous to
the County. RFPs and/or RFQs may
result in the negotiation of a contract with one or more proposers selected
as the result of an evaluation process which includes the simultaneous
consideration of multiple evaluation factors. (2) Notification. In order to issue an RFP or RFQ, the Using
Department or Elected Official must notify the Purchasing Agent in writing
that it intends to issue a RFP or RFQ. (3) Prescribed content of RFPs and RFQs. All RFPs and/or RFQs shall include such
forms and provisions as shall be issued from time to time by the Office of
the Purchasing Agent. These forms shall include, but not be limited to: Instructions to Proposers; General
Conditions; Cook County Certification and Execution Forms and a Proposer
Registration Form which shall include the name and firm of any lobbyist
retained for the RFP; and all additional documents as required by the
Purchasing Agent. The Using Department or Elected Official shall be
responsible for developing appropriate special conditions, a proposer
questionnaire and a cost proposal form. (4) Review prior to issuance. RFPs and/or RFQs shall be submitted to the
Office of the Purchasing Agent for review prior to their issuance. In addition to the direct transmittal of
the RFP or RFQ to potential firms or individuals, all RFPs and RFQs shall be
posted on the County's website. Such
posting shall be performed by the Bureau of Information Technology and
Automation upon the request of the Office of the Purchasing Agent. (5) Opening of RFPs and RFQs. The RFPs or RFQs shall be opened in the
presence of one or more witnesses after the designated date for
submission. A list of firms or
individuals offering proposals or responding to RFQs shall be submitted to
the Purchasing Agent within 24 hours of RFP or RFQ opening. The contents of the RFP or RFQ shall not be
disclosed to competing offerors during the process of negotiation. Any proposer that cancels, withdraws or
modifies its proposal after the proposal due date without County approval may
result in the proposer being deemed unqualified and may prohibit said
proposer from receiving a County contract for a period of one year. A record of proposals shall be prepared and
shall be open for public inspection after contract award. (6) Evaluation. The Using Department or Elected Official
shall identify the factors to be used in evaluating proposals, which
information shall be set forth in the RFP.
These factors include, but are not limited to, price, experience and
qualifications of the proposer, the quality and cost effectiveness of the
proposal, and the demonstrated willingness and ability of the proposer to
satisfy the requirements of the County as described in the request. The Using Department or Elected Official
shall evaluate proposals and shall conduct any negotiations of a possible
contract with one or more proposers. (7) Discussions. As provided in the RFP or RFQ, discussions
may be conducted with responsible proposers who submit proposals determined
to have the greatest likelihood of being selected for a contract for the
purpose of clarifying and assuring full understanding of and responsiveness
to the County's requirements. Those
proposers shall be accorded fair and equal treatment with respect to any
opportunity for discussion and revision of proposals. Revisions to proposals may be permitted
after submission for the purpose of obtaining best and final proposals before
a recommendation is made to the Board of Commissioners. In conducting discussions there shall be no
disclosure of any confidential information derived from proposals submitted
by competing proposers. If information
is disclosed to any proposer, it shall be provided to all competing
proposers. Once a proposer has been
recommended to and approved by the Board of Commissioners, the Using
Department or Elected Official shall finalize the contract terms for the
Board's execution consideration. (8) Recommendations. The Using Department or Elected Official
shall recommend to the Board of Commissioners that the County enter into a
contract with the responsible proposer whose proposal or qualifications is
determined in writing by such Using Department or Elected Official to be the
most advantageous to the County, taking into consideration price,
qualifications and the evaluation factors set forth in the request for
proposals. The Using Department or
Elected Official shall document the results of its evaluation and the reasons
for its recommendation to the Purchasing Agent. The Using Department or Elected Official
shall be responsible for requesting that the Board of Commissioners authorize
a contract with the recommended proposer, provided that no Using
Department or Elected Official shall make such a recommendation without
stipulating the known services of a registered lobbyist, including but not
limited to any lobbyist listed in the RFP.
The recommendation shall include the name of the individual lobbyist
and the name of the lobbying firm.
The authorization of the Board of Commissioners to enter into a
contract shall not result in a contract unless and until the Board has
authorized the execution of the final contract documents upon the request of
the Purchasing Agent. The Purchasing
Agent's request to the Board for contract execution shall be subject to the
proposed contractor's compliance with all applicable laws and County procedures
and to the Purchasing Agent's review of the subject contract. (b) The Purchasing Agent is expressly
authorized to procure from any Federal, State or local government unit or
agency thereof such surplus materials, supplies, commodities, or equipment as
may be made available through the operation of any legislation heretofore or
hereinafter enacted and to enter into cooperative educational agreements with
not-for-profit universities and hospitals without conforming to the
competitive bidding requirements of this article. Regular employment contracts in the County
service, whether with respect to the classified services or otherwise, shall
not be subject to the provisions of this article, nor shall this article be
applicable to the granting or issuance pursuant to powers conferred by laws,
ordinances, or resolutions or license, permits, or other authorization by the
County Board, or by departments, offices, institutions, boards, commissions,
agencies or other instrumentalities of the County, nor to contracts or
transactions, other than the sale or lease of personal property pursuant to
which the County is the recipient of money. (c) This section shall take effect and be
in force from and after its passage and is specifically intended to supersede
55 ILCS 5/5-36001 ( Effective date: These Amended Ordinances shall be in effect upon adoption. * Referred to the
Committee on Finance on |
Commissioner Gainer, seconded by Commissioner Silvestri,
moved that the Ordinance be approved and adopted.
Chairman Daley informed the members that three (3)
Amendments have been distributed, and called on Commissioner Gainer to present
the amendments.
AMENDMENT #1 TO
COMMUNICATION #302613
Sponsored by John P.
Daley,
Amends Section 2-633(d) and (f), to
require specific timeframe on posting of Reports:
(d) In addition to other penalties provided
in this division, any person filing a late registration under this section
shall be assessed a late filing fee as set out in Section 32-1 per day the
registration is late, payable to the Clerk upon filing. Any person filing a
late registration after January 31 shall also be subject to a penalty of
$100.00 per day, to be levied as set forth in Section 2-637 All reports
filed pursuant to this section and section 2-634 shall be filed electronically
and under oath, according to rules and regulations to be established by the
Clerk, as of the date such rules and regulations are promulgated. Reports filed electronically shall be timely
if filed by , as soon as practicable, post the filed reports on the
Clerk’s website within three (3)
business days from the established due date.
(f) Within 48 hours of being retained,
hired or employed by any person to lobby on that person’s behalf, a registrant
shall amend the report filed pursuant to this section to include the
information required under (a)(3) of this section, as to the person newly
retaining the registrant. The Clerk shall post the filed amended
reports on the Clerk’s website within three (3) business days from the established
due date.
**********
Amends Section 2-634(e), to require posting on the Clerk’s website to
conform with all other reports requested by the Clerk and posted to the Clerk’s
website:
(e) A registrant who terminates employment or
duties which required registration under this division shall give the Clerk,
within 30 days after the date of such termination, written notice of such
termination and shall include therewith a report of the lobbying
expenditures described herein, covering the period of time since the filing of
the registrant's last report to the date of termination of employment, and a
report of the lobbying activity described herein, covering the period of time
since the filing of the registrant’s last report to the date of termination of
employment. The Clerk shall post the filed reports on the Clerk’s website within
three (3) business days from the established due date. Such notices and reports shall
be final and relieve such registrant of further reporting under this division
unless and until the person later takes
employment or assumes duties that require to again register under this
division.
Commissioner Gainer, seconded by Commissioner Silvestri,
moved the approval of Amendment #1. The
motion carried unanimously.
AMENDMENT #2 TO COMMUNICATION
#302613
Sponsored by John P.
Daley,
Amends Section 2-634(a)(2), Reports,
to correct typographical errors as presented by the
(2) The Lobbying activity report shall
include all lobbying contacts made with County officials or County
employees. For each such contact, the
report shall list the date of the contact, the County official or County
employee with whom the lobbying contact was made, the entity on whose behalf the
lobbying contact was made, the subject matter of the of the lobbying contact, including any County contract,
involved in the contact. If the lobbyist
has a relationship be by birth or marriage with the County
official or employee lobbied, such relationship shall be stated. If the registrant made no such lobbying
contacts during the reporting periods herein described, the registrant shall
file and state herein that the registrant had no such contacts.
**********
Amends Section 34-152(a)(4), to
correct the current name of the Bureau:
(4) Review prior to issuance. RFPs and/or RFQs shall be submitted to the
Office of the Purchasing Agent for review prior to their issuance. In addition to the direct transmittal of the
RFP or RFQ to potential firms or individuals, all RFPs and RFQs shall be posted
on the County's website. Such posting
shall be performed by the Bureau of Information
Technology and Automation
upon the request of the Office of the Purchasing Agent.
Commissioner Gainer,
seconded by Commissioner Silvestri, moved the approval of Amendment #2. The motion carried unanimously.
AMENDMENT #3 TO
COMMUNICATION #302613
Sponsored by John P.
Daley,
Amends Section 2-580(e), by
inserting “shall not” instead of “may” in sub-point (e):
(e) This section applies only to persons
who terminate an affected position on or after the effective date of this
article The requirements of this section may shall not be
waived by the Board of Ethics if the
Board of Ethics finds in writing that the County's negotiations and decisions regarding
the procurement of the contract or contracts were not materially affected by
any potential for employment of that official or employee by the employer.
Commissioner Gainer,
seconded by Commissioner Moreno, moved the approval of Amendment #3. The motion carried unanimously.
Commissioner Peraica asked the
Commissioner Peraica further inquired of the Clerk if his
office will accept facsimile signatures, in light of the requirement to file
the reports electronically. Clerk Orr
responded in the affirmative.
Clerk Orr notified the members of the Finance Committee that
the automated registration and reporting system will not be ready until the
summer of 2010.
Commissioner Collins posed a scenario whereby she was a
lobbyist for the State, and the matter involved an issue for the Cook County
Clerk Elections. Within this ordinance,
would Commissioner Collins be able to lobby County Clerk Orr, even though she
is registered with the State? Clerk Orr
responded that in that circumstance, attempts to lobby his office would be
inappropriate. Clerk Orr clarified that
in that scenario, lobbying directed at officials other than
A vote was taken on
the motion to approve the Ordinance Amendments (Comm. No. 302613), as
amended. The motion carried unanimously.
Commissioner Gainer, seconded by Commissioner Silvestri, moved to adjourn
the meeting. The motion carried and the
meeting was adjourned.
YOUR COMMITTEE
RECOMMENDS THE FOLLOWING ACTIONS
WITH REGARD TO THE
MATTERS NAMED HEREIN:
Communication Number 302410 Deferred to
Communication Number 302411 Approved
Communication Number 302613 Approved as amended
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Respectfully submitted, Committee on Finance xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx John P. Daley, Chairman |
Attest:
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Matthew B. DeLeon, Secretary
The transcript for this meeting is available in the Office
of the Secretary to the Board,