Ordinance & Legal Review Committee

CITY OF BELLEVILLE, ILLINOIS ORDINANCE AND LEGAL REVIEW COMMITTEE CITY HALL COUNCIL CHAMBERS NOVEMBER 3, 2016 6:00 PM Alderman Wigginton called the meeting to order. Aldermen present on roll call: Alderman Kinsella, Alderman Pusa, Alderman Galetti, Alderman White and Alderman Wigginton. Members Present: Mayor Eckert and City Attorney Hoerner. PUBLIC PARTICIPATION Michael Hagberg Mr. Hagberg requested to comment on codification. Built in to the basic foundation of any government or checks and balances. Where you have the treasures office, clerk's office and mayor's office being three different branches that are supposed to be overseeing and checking each other. He stated he wants to ensure just because the city of doing something that doesn't follow one of those right now and it is said "well we haven't done it that way for ten years" that it is not taken out of the code book. If the City is not following things to checks and balances to get those put back in place so there is a basic foundation of government for the City. MINUTES Alderman Pusa made a motion seconded by Alderman White to accept the minutes of October 11, 2016. All members present voted aye. UNFINISHED BUSINESS Consideration of AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE CITY OF BELLEVILLE, ILLINOIS, REVISING, AMENDING, RESTATING, CODIFYING AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF THE POLITICAL SUBDIVISION DEALING WITH SUBJECTS EMBRACED IN SUCH CODE OF ORDINANCES, AND DECLARING AN EMERGENCY City Attorney Hoerner stated he has responded to questions submitted and does not know if any remain and will be happy to address. Codification is generally a reorganization i.e. reformatting and moving of sections. It also involved some non-substantive type of changes that were made at the suggestions that were made by department heads. One of the most important part of the codification is they did an attorney manuscript where they review the entire code, they made suggestions because it may be something where a change in applicable law where State or Federal law may have been a situation where this was true in our instance a citations to law were inaccurate based upon a re- codification of the Illinois Complied Statutes.  Ordinance & Legal Review Minutes November 3, 2016 This is a fantastic service because unlike the current code what will be available to the public will be online up-to-date within a month. This is a real advantage to the aldermen, administration and residents. Changes can be made if you so desire. Part of the agreement is American Legal Publishing will provide model ordinances on certain areas e.g. consignment shops. City Attorney Hoerner recommended enact the re-codified code because that will allow it to up online and you will have an online version for the public that is searchable. Alderman Galetti stated there has been questions regarding the code as to its incompleteness. City Attorney Hoerner stated from a non-substantive point it is a complete product. It has been reorganized, renumbered and the issues associated with violations of law, the issues with citations have been addressed, the parrel reference table has been done. If there are imperfections please note them and they will be addressed. Alderman Galetti stated it was suggested that each section be examined and is there any benefit; Alderman Wigginton stated if it is imperfect what needs to be done to be perfect. Alderman White stated he has done research and has come to realize codification is more of what the City currently has and converting to legal form. Alderman Kinsella stated his major concern is the department heads have gone through the Code and have knowledge of what the current Code states. Alderman White recommended moving forward and approving what has been submitted. City Attorney Hoerner referred/reviewed to the contract with American Legal Publishing with the committee. City Attorney Hoerner stated what the City received was a good document at a good price. City Attorney Hoerner stated he recommends deferring to the different committees. Alderman Galetti asked if there was open dialogue during the process; City Attorney Hoerner stated yes there was communication and the changes were sent from the department heads. Much of the cost associated with the new Code is the review. City Attorney Hoerner reviewed the timeline of the process of the codification and advised no changes have been submitted since September 2016. Alderman Galetti asked City Attorney Hoerner if he is satisfied the contract has been fulfilled; City Attorney Hoerner stated the contract has been fulfilled. Alderman Kinsella made a motion seconded by Alderman Pusa to approved the Re-Codification and submit to city council with the recommendation of approval. Discussion... Alderman White requested to see the substantive changes before it goes to council i.e. the City Clerk being able to appoint was removed; City Attorney Hoerner stated that is a provision that is Page 2 of 3  Ordinance & Legal Review Minutes November 3, 2016 contrary to what the law provides because that position is in a collective bargaining agreement. City Attorney Hoerner stated he spoke with the labor relations board and they confirmed that bargaining unit is a historical bargaining unit. Which means it exists prior to the Labor Relations Act; therefore, under Section 9 of the Labor Relations Act historical bargaining units as to who they represent at the onset of the Act is accepted. Section 15 of the Labor Relations Act provides that provisions in the collective bargaining agreement take precedents over ordinances and the reason is if you collect and bargain something and they do not want you to have the capability to unilaterally to change that by ordinance. What you have is a situation that is contrary to what the law provides to have that provision in there. It was deleted because it talked about appointing an assistant city clerk on an annual basis and that is not done because the law does not allow it. The deputy clerk was not deleted because it is not part of the bargaining agreement. Alderman White stated the City has three elected officials. Alderman White stated the City Clerk and City Treasurer should have the same options as the Mayor's office as to have non- union employee(s). City Attorney Hoerner stated when the historical bargaining unit was created the recognition clause expressly excluded the Mayor's assistances; therefore, it is recognized as a certified unit. When it comes to adding or removing they must be confidential employees or supervisory managerial employees. All members voting aye on roll call: Kinsella, Pusa, Wigginton, Mayor Eckert. (4) Member voting nay on roll call: Galetti and White. (2) MISCELLANEOUS & NEW BUSINESS None. ADJOURNMENT Alderman Galetti made a motion seconded by Alderman Pusa to adjourn the meeting at 7:53 p.m. All members present voted aye. /s/ Roger Wigginton_______________ Alderman Roger Wigginton, Chairman Page 3 of 3