NEW ITEMS
Meeting of the Cook County Board of Commissioners
County Board Room, County Building
Tuesday, May 4, 2004, 10:00 A.M.
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PROPOSED GRANT AWARD AMENDMENT
ITEM #1
Transmitting a Communication, dated April 29, 2004 from
JOHN H. STROGER, JR., President, Cook County Board of Commissioners
requesting authorization to accept a grant award amendment in the amount of $12,848,927.19 and revise the grant period to reflect a July 1, 2003 through April 30, 2005 funding period for the Urban Area Security Initiative. These funds originate with the Department of Homeland Security/Office of Domestic Preparedness and flow through the State of Illinois, Illinois Emergency Management Agency.
These funds will provide for the development and installation of a state-of-the-art interoperable wireless communication system to be used by emergency responders throughout Cook County, the security assessment of critical facilities located within Cook County and the administrative cost necessary to operate this initiative.
The authorization to accept the original grant was given on February 19, 2004 by the Cook County Board of Commissioners, in the amount of $1,699,800.00.
Estimated Fiscal Impact: None. Supplemental Grant Award: $12,848,927.19. Amended funding period: July 1, 2003 through April 30, 2005.
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Commissioner Maldonado, seconded by Commissioner Sims, moved to suspend the rules so that this matter may be considered. The motion carried unanimously.
Commissioner Silvestri, seconded by Commissioner Peraica, moved that the request of the President be approved. The motion carried unanimously.
PROPOSED GRANT AWARD
ITEM #2
Transmitting a Communication, dated April 29, 2004 from
JOHN H. STROGER, JR., President, Cook County Board of Commissioners
requesting authorization to accept a grant award in the amount of $16,869,672.00 from the State of Illinois, Illinois Emergency Management Agency for the Urban Area Security Initiative.
These funds will provide for the continued development and installation of a state-of-the-art interoperable wireless communication system to be used by emergency responders throughout Cook County, continued security assessments of critical facilities throughout Cook County, installation of security systems for critical facilities, the design and implementation of exercises to test the progress of the Urban Area initiatives and the administrative costs necessary to operate these initiatives.
The authorization to accept the previous grant was given on February 19, 2004 by the Cook County Board of Commissioners, in the amount of $1,699,800.00.
Estimated Fiscal Impact: None. Grant Award: $16,869,672.00. Funding period: December 1, 2003 through November 30, 2005.
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Commissioner Maldonado, seconded by Commissioner Sims, moved to suspend the rules so that this matter may be considered. The motion carried unanimously.
Commissioner Silvestri, seconded by Commissioner Peraica, moved that the request of the President be approved. The motion carried unanimously.
PROPOSED RESOLUTIONS
ITEM #3
Submitting a Proposed Resolution sponsored by
LARRY SUFFREDIN, County Commissioner
Co-Sponsored by
FORREST CLAYPOOL, JOHN P. DALEY, JOAN PATRICIA MURPHY, PETER N. SILVESTRI,
PRESIDENT JOHN H. STROGER, JR., JERRY BUTLER, EARLEAN COLLINS,
ELIZABETH ANN DOODY GORMAN, GREGG GOSLIN, ROBERTO MALDONADO,
JOSEPH MARIO MORENO, ANTHONY J. PERAICA, MIKE QUIGLEY and DEBORAH SIMS, County Commissioners
PROPOSED RESOLUTION
WHEREAS, assault weapons are military-style guns designed and manufactured for the sole purpose of killing a large number of people in a short period of time; and
WHEREAS, military-style assault weapons are the guns of choice for criminals, enabling them to commit some of our nation’s deadliest crimes, including the 1989 Stockton, California schoolyard shooting, the 1999 massacre at Columbine High School and the 2002 DC-area sniper attacks; and
WHEREAS, according to sources, international terrorist organizations urge their recruits to exploit America’s lax gun laws and arm themselves with military-style assault weapons; and
WHEREAS, military-style assault weapons threaten the safety of America’s law enforcement officers, having been used to kill one in five officers slain in the line of duty between 1998 and 2001, according to FBI statistics; and
WHEREAS, the United States Congress in 1994, recognizing the grave threat to public safety posed by the continued availability to civilians of military-style assault weapons, banned the manufacture and sale of specific models of assault weapons; and
WHEREAS, since 1994 many gun manufacturers have ignored the spirit of the law by manufacturing “copycat” guns nearly identical to those banned but for minor cosmetic changes; and
WHEREAS, the federal ban on military-style assault weapons, which as enacted on September 13, 1994, contained a sunset provision providing for the automatic appeal of the ban ten years following that date, or September 14, 2004; and
WHEREAS, as a result of the 1994 assault weapons ban, domestic manufacturers are prohibited from manufacturing or selling new high capacity magazines (except for a limited number of magazines for police, military and nuclear plant protection use); and
WHEREAS, the high capacity magazine ban did not apply to foreign magazines, and between September 1994 and December 2000, 47.3 million large magazines were approved for importation for civilian use, from 50 different countries; and
WHEREAS, the federal ban does not affect firearms designed for hunting or other legitimate sporting uses; and
WHEREAS, the federal courts and the U.S. Attorney General John Ashcroft have declared the federal assault weapons ban to be constitutional and in no way an infringement on the Second Amendment; and
WHEREAS, military-style assault weapons should be completely and permanently eliminated from our streets and our communities.
NOW, THEREFORE, BE IT RESOLVED, by the Cook County Board of Commissioners, that the Board does hereby urge the United States Congress and the President of the United States to renew and strengthen the federal ban on military-style assault weapons, closing the loopholes that have allowed gun manufacturers to continue to design, market and sell to civilians military-style assault weapons; and
PROPOSED RESOLUTIONS continued
ITEM #3 cont’d
BE IT FURTHER RESOLVED, that assault weapon ban reauthorization contain a large capacity ammunition magazine import ban consistent with the domestic ban on large capacity ammunition magazines; and
BE IT FURTHER RESOLVED, that suitable copies of this Resolution be delivered to the President of the United States, the President of the Senate, the Speaker of the House of Representatives, and Senators Durbin and Fitzgerald.
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Commissioner Maldonado, seconded by Commissioner Sims, moved to suspend the rules so that this matter may be considered. The motion carried unanimously.
Commissioner Suffredin, seconded by Commissioner Murphy, moved that the Resolution be approved and adopted. The motion carried unanimously.
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ITEM #4
Submitting a Proposed Resolution sponsored by
ROBERTO MALDONADO, County Commissioner
Co-Sponsored by
DEBORAH SIMS, LARRY SUFFREDIN, PRESIDENT JOHN H. STROGER, JR.,
JERRY BUTLER, FORREST CLAYPOOL, EARLEAN COLLINS, JOHN P. DALEY,
ELIZABETH ANN DOODY GORMAN, GREGG GOSLIN, JOSEPH MARIO MORENO,
JOAN PATRICIA MURPHY, ANTHONY J. PERAICA, MIKE QUIGLEY and PETER N. SILVESTRI, County Commissioners
PROPOSED RESOLUTION
WHEREAS, the United States was founded upon the dreams and traditions, energy and labor of immigrants, traveling far and wide from many nations to what they fervently hoped would be a better world for themselves and their families; and
WHEREAS, more than one million immigrants in Cook County contribute to the economic and social vitality of our communities, by paying taxes, providing services, and participating fully in the social fabric of our County; and
WHEREAS, the stability of our society and economy depends upon the labor of immigrants, especially those who are undocumented yet carry the faith that they may someday emerge from the shadows and integrate with this nation and this County; and
WHEREAS, thousands of immigrant families in the United States and Cook County suffer lengthy separations from their loved ones due to a backlogged immigration system that can take more than twenty years, which only encourages immigrants to come to the United States illegally; and
WHEREAS, our current immigration system is in dire need of comprehensive reform that will make immigration safe, orderly, and more responsive to our economic needs and our humanitarian concerns; and
WHEREAS, now is a critical time to renew this country’s commitment to immigrant communities that have contributed and strengthened the nation’s economy and culture; and
WHEREAS, Congressman Luis V. Gutierrez of Illinois and Senator Edward Kennedy of Massachusetts have introduced a comprehensive immigration reform bill entitled the “Realizing the American Dream,” or “READ” Act.
PROPOSED RESOLUTIONS continued
ITEM #4 cont’d
NOW, THEREFORE, BE IT RESOLVED, that we, the President and the Members of the Cook County Board of Commissioners, do hereby memorialize the United States Congress to pass the “Realizing the American Dream” Act that legalizes hard-working, taxpaying immigrants, reunites their families, and ensures fairness and protection from discrimination; and
BE IT FURTHER RESOLVED, that suitable copies of this Resolution be delivered to the President of the United States, the Speaker of the House of Representatives, the President of the Senate, and the Illinois Congressional Delegation.
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Commissioner Maldonado, seconded by Commissioner Sims, moved to suspend the rules so that this matter may be considered. The motion carried unanimously.
Commissioner Maldonado, seconded by Commissioner Silvestri, moved that the Proposed Resolution be referred to the Committee on Human Relations. (Comm. No. 265421). The motion carried unanimously.
PROPOSED ORDINANCE
ITEM #5
Submitting a Proposed Ordinance sponsored by
JOHN H. STROGER, JR., PRESIDENT, JERRY BUTLER and LARRY SUFFREDIN,
County Commissioners
PROPOSED ORDINANCE
The provisions of this ordinance are adopted pursuant to the home rule powers granted by Article VII, Section 6 of the 1970 Constitution of the State of Illinois.
Whereas, the Board of Commissioners of the County of Cook, Illinois finds that:
(1) The County of Cook operates one of the largest health and hospital service systems in the nation and provides important health care services to many people in the county;
(2) The availability of adequate and affordable health care services and products for the residents of Cook County is necessary for the preservation of the general welfare of the citizens of this county;
(3) Public health initiatives are effective means of lowering the overall cost of health care services and products and improve the quality of health care services and products;
(4) Decent and affordable health care services and products are becoming harder for individuals and businesses to afford;
(5) Health insurance in the United States is currently undergoing massive changes at the federal, state and local level;
(6) Health care consumers need a mechanism to facilitate their participation in debates on public health issues and health care services and products; and
(7) Informed health care consumers, actively participating in a health care consumer organization, will help educate health care consumers and improve the delivery of quality health care services and products:
Be it hereby ordained by the Board of Commissioners of the County of Cook, Illinois:
That the Code of Cook be hereby amended by adding the following ordinance:
Section 1. Short title. This Act may be cited as the Cook County Public Health Advocates Act.PROPOSED ORDINANCE continued
ITEM #5 cont’d
Section 2. Statement of Intent. The purpose of this Act is to insure effective and democratic representation of individual health care consumers before regulatory agencies, legislative bodies, courts, and other public bodies, and to establish a practical means so that consumers can provide themselves with education and advice related to public health issues, decent health care services and products and the purchase and use of health insurance, by:
(a) creating a nonprofit organization, pursuant to the General Not for Profit Corporations Act of 1986 (805 ILCS 105), to represent the interests of health care consumers before regulatory agencies, legislative bodies, courts, and other public bodies, and provide educational and advisory services to health care consumers;
(b) providing for democratic accountability of the Board of Directors of the organization to its health care consumer constituency through open elections of Directors with thorough financial disclosure requirements and campaign spending limitations;
(c) encouraging active citizen participation in the regulatory process through involvement in the activities of the organization; and
(d) creating an efficient method of funding for the organization, involving no burden on the taxpayers of this County, whereby individual health care consumers and other citizens may voluntarily contribute to the organization.
Section 10. Definitions. In this Act:
(a) "Health insurance" means a contract relating to health care where a person undertakes to indemnify or to pay a specified or determinable amount or benefit upon determinable contingencies.
(b) "Health care services" means services for the diagnosis, prevention, treatment, cure, or relief of a physical or mental health condition, illness, injury or any other matter that concerning the provision and delivery of services to maintain good health. The term includes, but is not limited to, hospital, medical, surgical, dental, vision, psychological and pharmaceutical services. This term also includes health insurance.
(c) "Health care products" means products for the diagnosis, prevention, treatment, cure, or relief of a physical or mental health condition, illness, injury or any other matter that concerning the provision and delivery of products to maintain good health. The term includes, but is not limited to, hospital, medical, surgical, dental, vision, psychological and pharmaceutical products.
(d) “Health care company” means a corporation or other entity engaged in the business of selling, within this County, health care services, or health care products, or both health care services and products.
(e) “Immediate family” of a person means the person’s spouse and legal dependants.
(f) "Public health issues" includes, but is not limited to:
(1) food safety, water quality, air quality, childhood immunization, vaccination, control of infectious diseases, cancer, hazardous waste disposal, lead abatement, bioterrorism, public health programs, occupational safety, land use, transportation;
(2) contracts between public health agencies and health care companies;
(3) training and public education related to cardiopulmonary resuscitation, use of defibrillator, community-based health promotion and a healthy lifestyle; and
(4) any laws, ordinances, regulations and regulatory agency proceedings which affect any of the subjects listed in subsections (1) through (3).
(g) "Health care consumer" means any resident of this County who receives, utilizes or consumes health care services or products.
(h) "Regulatory agency" means any local, State, federal, or other public body with the legal authority:
PROPOSED ORDINANCE continued
ITEM #5 cont’d
(1) to establish or to approve, reject, or modify proposals to offer for sale specific types of health care services and products in this County;
(2) to formulate or review policies affecting individual health care consumers in this County in regard to health care services and products;
(3) to formulate or review policies affecting this County in regard to public health issues; or
(4) otherwise to regulate the activities of health care service or product companies within this County.
(i) "Proceeding" means any formal meeting of a regulatory agency or subdivision of a regulatory agency conducted by a hearing examiner or other agent of the regulatory agency, regarding:
(1) the establishment or alteration of types, language, or clauses, for the provision or sale of health care services or health care products within this County;
(2) the establishment, abrogation, or amendment of rules or regulations concerning public health issues, individual health care consumers, health care companies, or policies affecting this County in regard to health care services, health care products and public health issues or concerning the conduct of regulatory agency proceedings themselves; or
(3) adjudication of the claims or petitions of individual health care consumers, health care companies, or other persons or groups of persons.
(j) "The Corporation" means the Cook County Public Health Advocates.
(k) "Member" means any person who meets the requirements for membership in the Corporation set forth in subsection (b) of Section 15 of this Act.
(l) "Director" means any person serving on the Board of Directors of the Corporation.
(m) "District" means a corporation district, the boundaries of which are congruent with the boundaries of the County districts.
(n) "District director" means director elected from a County district.
(o) "Campaign expenditure" means (1) a purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value, made for the purpose of electing a candidate to the Board of Directors of the Corporation, (2) a contract, promise, or agreement, express or implied, whether or not legally enforceable, to make any campaign expenditure. "Campaign expenditure" does not include the use of real or personal property and the cost of invitations, food, and beverages, voluntarily provided by an individual to a candidate in rendering voluntary personal services on the individual's residential premises for activities related to the candidate's campaign if the cumulative value of the activities by the individual on behalf of any candidate does not exceed $100 for any election.
(p) "Campaign contribution" means (1) a gift subscription, loan, advance, or deposit of money, or anything of value, made for the purpose of electing a candidate to the Board of Directors of the Corporation, (2) a contract, promise, or agreement, express or implied, whether or not legally enforceable, to make any campaign contributions. "Campaign contribution" does not include (A) the value of services provided without compensation by individuals who volunteer a portion or all of their time on behalf of a candidate or political committee, or (B) the use of real or personal property and the cost of invitations, food, and beverages, voluntarily provided by an individual to a candidate in rendering voluntary personal services on the individual's residential premises for activities related to the candidate's campaign, if the cumulative value of the activities by the individual on behalf of any candidate does not exceed $100 for any election.
(q) "Political committee" means any committee, club, association, or other group of persons which makes campaign expenditures or receives campaign contributions during the year before an election of the Board of Directors.
PROPOSED ORDINANCE continued
ITEM #5 cont’d
Section 15. Creation of Corporation; Membership.
(a) There is created a nonprofit membership corporation to be known as the Cook County Public Health Advocates referred to as the Corporation.
(b) The membership of the Corporation shall consist of all individual health care consumers and other residents of this County who have contributed to the Corporation at least an amount set by the Board of Directors in either its preceding or its current fiscal year as a minimum fee; provided, that any person may resign from membership. The fee shall be no lower than $5.
Section 20. Duties, Rights, and Powers.
(a) It shall be the duty of the Corporation to effectively represent and protect the interests of individual health care consumers of this County. All actions which it undertakes under the provisions of this Act shall be directed toward that goal.
(b) The Corporation shall have all rights and powers accorded generally to, and shall be subject to all duties imposed generally upon, non-profit membership corporations under the laws of this State.
(c) The Corporation may seek tax-exempt status under State and federal law.
(d) The Corporation may solicit and accept gifts, grants, and loans, except as prohibited in this Act.
(e) The Corporation may conduct, support, and assist research, surveys, investigations, planning activities, conferences, demonstration projects, individual health care consumer counseling, and public information activities concerning the interests of individual health care consumers and public health issues.
(f) The Corporation may contract for services that cannot reasonably be performed by its employees.
(g) The Corporation may represent the interests of health care consumers before all legislative bodies of State, county and local government and all other public forums
(h) The Corporation may represent interests of individual health care consumers before regulatory agencies and courts, except as this Act otherwise provides.
(i) The Corporation shall not sponsor, endorse, or otherwise support, nor shall it oppose, any political party or the candidacy of any person for public office.
(j) The Corporation may support or oppose County initiatives or County referenda concerning public health issues or matters that it determines may affect the interests of individual health care consumers.
The Corporation shall have, in addition to the rights and powers enumerated in this Act, any other incidental rights and powers as are reasonably necessary for the effective representation of the interests of individual health care consumers.
Section 25. Representation of Health Care Consumers in Regulatory Agency Proceedings.
(a) Each regulatory agency of the State and County shall notify the Corporation in advance of the time, place, subject, and names of parties of each proceeding of the agency, unless the regulatory agency reasonably determines that the proceeding will not affect the interests of individual health care consumers of this County or does not relate to any public health issues. The regulatory agency shall notify the Corporation at least 30 days before the scheduled date of the proceeding or within 5 days after the date is fixed, whichever is later.
(b) The Corporation may intervene as of right as a party or otherwise participate in any regulatory agency proceeding that the Corporation reasonably determines may affect the interests of individual health care consumers or pertains to public health issues. The intervention or participation of the Corporation in any such proceeding shall not affect the obligation of the regulatory agency to operate in the public interest.
PROPOSED ORDINANCE continued
ITEM #5 cont’d
When the Corporation intervenes or participates in a regulatory agency proceeding, it shall be subject to all laws and rules of procedure of general applicability governing the conduct of the proceeding and the rights of interveners and participants. The Corporation shall have the same rights regarding representation by counsel, participation in pre-hearing conferences, discovery, requests for issuance of subpoenas by the agency, stipulation of facts, presentation and cross-examination of witnesses, oral and written argument, participation in settlement negotiations, and other aspects of the proceeding as accorded to other interveners under the laws of this State, except as otherwise provided in this Act.
Section 30. Judicial Review of Regulatory Agency Decisions; Enforcement Actions. The Corporation shall be deemed to have an interest sufficient to maintain a civil action for the review or enforcement of any regulatory agency decision that the Corporation reasonably determines would adversely affect the interests of a member so long as the Corporation was a party to the regulatory proceeding that lead to the regulatory agency decision.
Section 35. Representation of Members in Lawsuits.
(a) If the Board of Directors or Executive Director reasonably determines that bringing a civil action against a health care company on behalf of any member or group of members would further the general purposes of this Act, the Corporation, with the consent of the member or group of members, may provide the legal services necessary and the expert witnesses' services reasonably appropriate for prosecution of the action.
(b) Any member who receives money due to a settlement or judgment attained with assistance in litigation provided by the Corporation as described in subsection (a) of this Section shall reimburse the Corporation for its expenses in prosecution of the action; provided, that the reimbursement shall not exceed 10% of the money received by the member.
Section 40. Funding of the Corporation.
(a) In this Section:
(1) "Enclosure" means a card, leaflet, envelope or combination thereof furnished by the Corporation under this Section.
(2) "Mailing" means any communication by a County agency that is sent through the United States Postal Service to more than 500 persons within a 12 month period.
(3) "County agency" means any officer, department, board, commission, institution or entity of the executive or legislative branches of County government.
(b) To accomplish its powers and duties under this Act, the Corporation may prepare and furnish to any County agency an enclosure to be included with a mailing by that agency subject to the following limitations:
(1) a County agency furnished with an enclosure shall include the enclosure within the mailing designated by the corporation.
(2) an enclosure furnished by the Corporation under this Section shall be provided to the County agency a reasonable period of time in advance of the mailing.
(3) an enclosure furnished by the Corporation under this Section shall be limited to informing the reader of the purpose, nature and activities of the Corporation as set forth in this Act and informing the reader that it may become a member in the Corporation, maintain membership in the Corporation and contribute money to the Corporation directly.
(c) the Corporation shall reimburse each County agency for all reasonable incremental costs incurred by the County agency in complying with this Section above the agency's normal mailing and handling costs, provided that:
(1) the County agency shall first furnish the Corporation with an itemized accounting of the additional cost; and
PROPOSED ORDINANCE continued
ITEM #5 cont’d
(2) the Corporation shall not be required to reimburse the County agency for postage costs if the weight of the corporation's enclosure does not exceed .35 ounce avoirdupois. If the Corporation's enclosure exceeds that weight, then it shall only be required to reimburse the County agency for postage cost over and above what the agency's postage cost would have been had the enclosure weighed only .35 ounce avoirdupois.
(d) In the event that a County agency is furnished with an enclosure by the Corporation and by the Citizens Utility Board, under Section 9 of the Citizens Utility Board Act designated for the same mailing, the County agency shall include whichever enclosure it received first within the designated mailing. The County agency shall notify the Corporation or the Citizens Utility Board, as the case may be, that its mailing will not go out until the next mailing. It shall include the other enclosure with the next mailing designated by the entity that furnished it.
(e) No health care company or officer, employee, or agent of a health care company may interfere or threaten to interfere with or cause any interference with the delivery of any health care services or health care products to any person who contributes to the Corporation or participates in any of its activities, in retribution for such contribution or participation.
(f) No health care company or officer, employee, or agent of a health care company may prevent, interfere with, or hinder the activities described in this Section.
(g) For the purposes of meeting the necessary expenses of postage, preparing and printing enclosures, initial organization and operation of the Corporation for the period commencing on the effective date of this Act and continuing until the first election the board of directors under Section 50, the Corporation or any individual may borrow such moneys as it requires, including moneys which may be loaned by the County from funds appropriate for that purpose by law. Such moneys borrowed by the Corporation or any individual shall subsequently be repaid with appropriate interest over a reasonable period of time. Any loans that may be made to the Corporation by the County shall be repaid within 24 months from the date the loan is made.
Section 45. Board of Directors.
(a) The affairs of the Corporation shall be managed by a Board of Directors.
(b) Election and terms of directors. There shall be one director for each county board district. Corporation districts shall be divided into 2 groups for the purpose of establishing terms for which the directors shall be elected in each group. One group shall be comprised of the even numbered county board districts. The odd numbered county board districts shall comprise the other group.
(c) The interim board, within 60 days after their appointment, shall meet and publicly determine by lot which group shall be the first group and which group shall be the second. The board members or their successors from the first group shall be elected for successive terms of 2 years, 2 years, and 4 years; and members or their successors from the second group shall be elected for successive terms of 4 years, 2 years, and 2 years.
(d) The first election of directors of the board is to be held no later than 8 months after the first meeting of the interim board. Subsequent elections of directors of the board shall be held every 2 years after the first election. The board, however, may change the election date for the second election to up to one month before or after the second anniversary of the first election. All subsequent elections shall occur every 2 years on the anniversary of the second election. This cycle shall begin anew in the year following each decennial redistricting. If the election day falls on a weekend or holiday, the election shall occur on the next business day. In the year following a decennial redistricting all directors terms shall end and elections for directors from the redrawn county board districts shall be held.
(e) Interim and elected board members shall serve until their successors are elected and have qualified.
(f) Within 45 days after the redistricted county board districts are enacted, the board shall publicly allocate terms by lot between the 2 groups of districts as provided in paragraph (b) of this subsection. Board members or their successors from the first group shall be elected for successive terms of 2 years, 4 years, and 4 years; and members or their successors from the second group shall be elected for successive terms of 4 years, 4 years, and 2 years. In the year following a decennial redistricting all directors' terms shall end and elections for directors from the redrawn county board districts shall be held.
PROPOSED ORDINANCE continued
ITEM #5 cont’d
(g) In the event that county board districts are redrawn for reasons other than a decennial restricting, within 45 days after the redistricted county board districts are enacted, the board shall publicly allocate terms by lot between the 2 groups of districts as provided in paragraph (b) of this subsection. The board shall select terms for both groups in a manner consistent, to the extent possible, with subsection (f) of this Section to ensure staggered elections until a decennial redistricting occurs.
(h) Qualifications. Directors shall be residents of Cook County and members of the Corporation. No official of a regulatory agency or officer, employee, consultant, attorney, accountant, real estate agent, shareholder, bondholder, or member of the immediate family of an officer, employee, consultant, attorney, accountant, real estate agent, shareholder, or bondholder, of any health care company doing business in this County shall be eligible to become a Director. A director shall be a resident of the district he or she represents and a member of the Corporation. No director may hold any elective position in federal, State, or local government.
(i) Employment of director's family member. No director nor member of his or her immediate family shall, either directly or indirectly, be employed for compensation as a staff member or consultant of the Corporation.
(j) Meetings. The board shall hold regular meetings at least once every 3 months on the dates and at the places as it may determine. Special meetings may be called by the president or by a majority of the directors upon at least 7 days advance written notice. Unless otherwise provided in the bylaws, a majority of the board of directors shall constitute a quorum. In no event, however, shall a quorum consist of less than one-third of the board of directors. The act of the majority of the directors present at a meeting at which a quorum is present shall be the act of the board of directors unless the act of a greater number is required by this Ordinance or its bylaws. A summary of the minutes of every board meeting shall be made available to each public library in the county upon request and to individuals upon request.
(k) Expenses. A director may not receive any compensation for his or her services, but shall be reimbursed for necessary expenses, including travel expenses incurred in the discharge of duties. The board shall establish standard allowances for mileage, room, and meals and the purposes for which allowances may be made. The board shall determine the reasonableness and necessity for reimbursements.
(l) Bonding. Directors and employees eligible to disburse funds shall be bonded. The costs of the bonds shall be paid by the Corporation.
(m) The appointed directors shall:
(1) inform health care consumers of Cook County, by the means provided for in this Act, of the existence, nature, and purposes of the Corporation, and shall encourage health care consumers to participate in the Corporation's activities and to contribute to its operating funds;
(2) elect officers as provided in Section 55;
(3) employ such staff as the Directors deem necessary to carry out the purposes of this Act;
(4) make all necessary preparations for the first election of Directors, oversee the election campaign, and tally the votes, as provided in Section 50; and
(5) carry out all other duties and exercise all other powers accorded to the Board of Directors in this Act.
(n) One Director shall be elected from each District in the County, under procedures established in Section 50. Each Director shall represent the interests of the health care consumers of his or her district. Each Director shall have one vote in the Board of Directors. Elected Directors shall be installed in office by the President of the outgoing Board of Directors.
(o) When a Director dies, resigns, is disqualified, or otherwise vacates his or her office, the Board of Directors shall select within 3 months a successor from the same District as the Director for the remainder of the Director's term of office. Any Director may nominate any qualified person as successor. The Board of Directors shall select the successor from among those nominated, by a two-thirds majority of the remaining Directors present and voting. The successor shall be installed in office by the President of the Board of Directors.
PROPOSED ORDINANCE continued
ITEM #5 cont’d
(p) The elected Board of Directors shall have the following duties:
(1) to maintain up-to-date membership rolls and to keep them in confidence;
(2) to keep minutes, books, and records that shall reflect all the acts and transactions of the Board of Directors that shall be open to examination by any member during regular business hours;
(3) to make all reports, studies, and other information compiled by the Corporation under subsection (d) of Section 20 of this Act, and all data pertaining to the finances of the Corporation, available for public inspection during regular business hours;
(4) to prepare quarterly statements of the financial and substantive operations of the Corporation, and make copies of the statements available to the general public;
(5) to cause the Corporation's books to be audited by a certified public accountant at least once each fiscal year, and make the audit available to the general public;
(6) to prepare and mail, as soon as practicable after the close of the Corporation's fiscal year, an annual report of the Corporation's financial and substantive operations to each member;
(7) to report to the membership meeting on the past and projected activities and policies of the Corporation;
(8) to employ an Executive Director and direct and supervise his or her activities; and
(9) to carry out all other duties and responsibilities imposed upon the Corporation and the Board of Directors by this Act.
(q) The Treasurer shall reimburse Directors for actual expenses necessarily incurred by them in the performance of their duties.
Section 50. Election of Directors.
(a) The time of elections shall be as follows:
(1) when the membership of the Corporation has reached 1,000 persons and the Corporation has received $10,000 in contributions, the appointed Directors shall promptly fix a date for the first election of Directors. The election shall be held not less than 4 months and not more than 6 months after the membership and contributions have both reached the prescribed levels; and
(2) subsequent elections of Directors shall be held at yearly intervals after the first election. The dates of the elections shall be fixed not less than 4 months in advance by the Board of Directors.
(b) To be eligible for election to the Board of Directors, a candidate must:
(1) meet the qualifications for Directors prescribed in subsection (d) of Section 45 of this Act;
(2) be a resident of the District that he or she seeks to represent;
(3) have his or her nomination certified by the Board of Directors under subsection (c) of this Section;
(4) submit to the Board of Directors a statement of financial interests in accordance with subsection (d) of this Section and a statement of personal background and positions in accordance with subsection (e) of this Section; and
(5) make the affirmation prescribed in paragraph (5) of subsection (f) of this Section.
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(c) A candidate for election to the Board of Directors shall submit to the Board, not later than 60 days prior to the election, a petition for nomination signed by at least 10 of the members in his or her District. A candidate, upon request, shall be furnished with a listing of the names and address of all the members in their district. The Board of Directors shall verify the validity of the signatures. Upon determination that a sufficient number are valid, the Board shall certify the nomination of the candidate.
(d) A candidate for election to the Board of Directors shall submit to the Board, not later than 60 days prior to the election, a statement of financial interest upon a form approved by the Board of Directors. The statement of financial interests shall include the following information:
(1) the occupation, employer, and position at place of employment of the candidate and of his or her immediate family members;
(2) a list of all corporate directorships or other offices, and of all fiduciary relationships, held in the past 3 years by the candidate and by his or her immediate family members;
(3) the name of any corporation in which the candidate holds a security, the current market value of which is $2,500 or more;
(4) the name of any corporation in which the candidate’s immediate family members hold a security, the current market value of which is $2,500 or more;
(5) an affirmation, subject to penalty of perjury, that the information contained in the statement of financial interest is true and complete.
(e) A candidate for election to the Board of Directors shall submit to the Board, not later than 60 days prior to the election, a 2 page statement concerning his or her personal background and positions on issues relating to public health initiatives, health care services, health care products or the operations of the Corporation. The statement shall contain an affirmation, subject to penalty of perjury, that the candidate meets the qualifications prescribed for Directors in subsection (d) of Section 45 of this Act and is a resident of the District that he or she seeks to represent. The Board of Directors may limit the number of words a candidate may use on the statement.
(f) Restrictions on and reporting of campaign contributions and expenditures shall be as follows:
(1) each candidate may accept no more than $100 in campaign contributions, as defined in subsection (k) of Section 10 of this Act, from any person or political committee from one year before the date of an election through the date of the election;
(2) each candidate shall keep complete records of all contributions to his or her campaign of $25 or more made from one year before the date of an election through the date of the election;
(3) each candidate who avails himself or herself of the Corporation's distribution of his or her statement of personal background and positions under subparagraph (c)of paragraph (1) of subsection (g) may incur no more than $1,000 in campaign expenditures, as defined in subsection (k) of Section 10 of this Act, from the time he or she commences circulation of petitions for nomination or from 4 months prior to the election, whichever is earlier, through the date of the election;
(4) each candidate shall keep complete records of his or her campaign expenditures, and shall make the records available for inspection during normal business hours to any member or employee of the Corporation; and
(5) no earlier than 14 days and no later than 8 days preceding the election and no earlier than 21 days and no later than 30 days after the election each candidate for election to the Board shall submit to the Board an accurate statement of his or her campaign contributions, swearing that he or she has fully complied with the requirements of paragraphs (1) through (4) of subsection (f) of this Section.
(g) Election Procedures shall be as follows:
(1) the Board of Directors shall send by first class mail to each member, in districts where more than one candidate has been certified no sooner than 21 and not later than 14 days before the date fixed for the election:
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(A) an official ballot listing all candidates for District Director from the member's District whose nominations the Board has certified and who have complied with the requirements of subsections (d) and (e) of this Section;
(B) each candidate's statement of financial interest;
(C) the statement of personal background and position of each candidate who requests the mailing or his or her statement at the time he or she submits it to the Board.
(2) each member may cast a vote in the election by returning his or her official ballot, properly marked, to the head office of the Corporation by 8 p.m. of the date fixed for the election or if it is sent by mail, it shall be deemed to have been received on time if it is postmarked.
(3) voting shall be by secret ballot.
(4) the Board of Directors shall tally votes with all reasonable speed and shall inform the membership promptly of the names of the candidates elected.
(5) in each District, the District Director candidate with the most votes shall be declared elected.
(h) The President of the Board of Directors shall install, within 30 days after the election, all elected candidates who meet the qualifications under subsection (b) of this Section.
(i) The Board of Directors may prescribe rules for the conduct of elections and election campaigns not inconsistent with this Act.
Section 55. Officers.
(a) At the first regular meeting of the Board of Directors, at which a quorum is present, subsequent to the initial appointments of Directors and at the first regular meeting of the Board, at which a quorum is present, subsequent to the installation of new Directors following each annual election, the Board shall elect by majority vote of members present and voting from among the Directors a President, a Vice President, a Secretary and a Treasurer. The Board shall also have the power to elect a Comptroller and any other officers as it deems necessary.
(b) Officers shall be installed by the President immediately upon their election. The term of office of officers shall be one year; provided that an officer may resign, or may be removed from office by a two-thirds vote of all the Directors. After an officer's term of office has expired, the officer shall continue to serve until his or her successor is installed. When an officer dies, resigns, is removed, or otherwise vacates his or her office, the Board of Directors shall elect a successor to serve out the officer's term of office.
(c) The officers shall exercise the powers and perform the duties as are prescribed by this Act or as delegated to them by the Board of Directors.
Section 60. Executive Director.
(a) The Board of Directors shall employ an Executive Director.
(b) The Executive Director shall have the following powers and duties, subject at all times to the directions and supervision of the Board of Directors:
(1) to decide upon the course of action of the Corporation regarding appearances before regulatory agencies, legislative bodies, courts, and other public bodies, and regarding other activities that the Corporation has the authority to perform under Sections 20, 25, 30, 35 and 40 of this Act;
(2) to employ and discharge employees of the Corporation;
(3) to supervise the offices, the facilities, and the work of the employees of the Corporation;
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(4) to have custody of and to maintain the books, records, and membership rolls of the Corporation, in accordance with the provisions of this Act;
(5) to prepare and submit to the Board of Directors annual and quarterly statements of the financial substantive operations of the Corporation, and financial estimates for the future operations of the Corporation;
(6) to attend and participate in meetings of the Board of Directors as a nonvoting Director; and
(7) to exercise any other powers and perform any other duties as the Board of Directors delegates to him or her.
(c) The Executive Director may be discharged by two-thirds vote of all the Directors.
Section 65. Annual Membership Meeting.
(a) An annual meeting of the membership shall be held once each year on a date and at a place within the County to be determined by the Board of Directors.
(b) All members shall be eligible to attend, participate in and vote in the annual membership meeting.
(c) The form of the annual membership meeting shall be as provided in the law of this State regarding nonprofit membership corporations.
(d) The annual membership meeting shall be open to the public.
Section 70. Corrupt Practices and Conflicts of Interest.
(a) Neither the Corporation nor its Directors, employees, or agents shall offer anything of monetary value to, or accept anything of monetary value from, any public official or official or employee of any health care company or employer covered by this Act or agent thereof, except as otherwise provided in this Act.
(b) No Director shall personally or through any partner or agent render any professional service or make or perform any business contract with or for any health care company.
(c) No public official or official or employee of a health care company or employer covered by this Act or agent thereof shall offer anything of monetary value to, or accept anything of monetary value from the Corporation or its Directors, employees, or agents, except as otherwise provided in this Act.
(d) The office of a Director found in violation of subsection (a) or (b) shall be declared vacant.
Section 75. Construction of the Act.
(a) The provisions of this Act shall be construed in a manner to enable the Corporation effectively to represent and protect the interests of the health care consumers of this County and promote public health issues.
(b) Nothing in this Act shall be construed to limit the right of any person to initiate, intervene in, or otherwise participate in any regulatory agency proceeding or court action, nor to relieve any regulatory agency or court of any obligation, or to affect its discretion, to permit intervention or participation by any person in any proceeding or action.
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Section 99. Effective date. This Ordinance takes effect upon becoming law.
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Commissioner Maldonado, seconded by Commissioner Sims, moved to suspend the rules so that this matter may be considered. The motion carried unanimously.
Commissioner Butler, seconded by Commissioner Suffredin, moved that the Proposed Ordinance be approved and adopted. The motion was withdrawn.
Commissioner Claypool, seconded by Commissioner Peraica, moved that the Proposed Ordinance be referred to the Committee on Finance. (Comm. No. 265422). The motion carried unanimously.
PROPOSED RESOLUTION
ITEM #6
Submitting a Proposed Resolution sponsored by
JOHN H. STROGER, JR., President, Cook County Board of Commissioners
Co-Sponsored by
JERRY BUTLER, FORREST CLAYPOOL, EARLEAN COLLINS, JOHN P. DALEY,
ELIZABETH ANN DOODY GORMAN, GREGG GOSLIN, ROBERTO MALDONADO,
JOSEPH MARIO MORENO, JOAN PATRICIA MURPHY, ANTHONY J. PERAICA,
MIKE QUIGLEY, PETER N. SILVESTRI, DEBORAH SIMS and LARRY SUFFREDIN,
County Commissioners
PROPOSED RESOLUTION
WHEREAS, Almighty God in his infinite wisdom has called Reverend Cornelius Earl King, pastor of Chicago’s St. Andrew Temple of Faith, Truth & Love Baptist Church from our midst; and
WHEREAS, Reverend King was married to Beatrice M. King for a remarkable 55 years, a union that produced a daughter, Linda D. King, and a granddaughter, Kendra N. Clayter; and
WHEREAS, in April of 1961, Reverend King accepted a monumental challenge, dedicating his life to become the first African-American Standard Oil independent retailer in the Chicago area; and
WHEREAS, over the span of his groundbreaking and successful career, Reverend King would go on to own and operate an impressive six Standard/AMOCO Oil stations; and
WHEREAS, an advocate of the concept of working together and exchanging ideas in an effort to generate mutual success, Reverend King was an active member of the AMOCO Midwest Region Dealer Advisory Council; and
WHEREAS, since 1993, Reverend King has served as the pastor of Chicago’s St. Andrew Temple of Faith, Truth & Love Baptist Church, located at 1743 West Marquette Road; and
WHEREAS, upon the time of his passing, Reverend King served as the first vice president of the Chicago Baptist Pastors Conference and Vicinity; and
WHEREAS, Reverend King has a rich legacy of achievement and has distinguished himself from others as a committed servant of God, an accomplished businessman, and a consummate “role model” who served his family, church and community with distinction.
NOW, THEREFORE, BE IT RESOLVED, that the Cook County Board of Commissioners, on behalf of the more than five million residents of Cook County, does hereby express its deepest condolences and most heartfelt sympathy to the many friends and loved ones of Reverend Cornelius Earl King; and
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BE IT FURTHER RESOLVED, that a suitable copy of this Resolution be tendered to the family of Reverend King, so that his memory may be so honored and ever cherished.
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Commissioner Maldonado, seconded by Commissioner Sims, moved to suspend the rules so that this matter may be considered. The motion carried unanimously.
Commissioner Maldonado, seconded by Commissioner Silvestri, moved that the Resolution be approved and adopted. The motion carried unanimously.
PUBLIC TESTIMONY
ITEM #7
Pursuant to Rule 4-30, George Blakemore, addressed the President and Members of the Cook County Board of Commissioners. Mr. Blakemore spoke concerning several issues regarding Cook County.