City Council - 2/13/14

[scoon]

I didn't attend, but ran into someone who did.

I guess it was well behaved, probably cause they all wanted to go home and there was no audience to perform in front of. That didn't stop Erickson from going on a few diatribes.

Bonecrusher is now the city attorney, so that non-issue is over with.

And despite not getting paid, the law firm (who's name I do not recall and don't feel like searching for on my phone) determined that Berwyn is Not a strong mayoral form of government. So if I understand correctly, this means The Mayor cannot appoint people without council's approval... and that the council can vote for a different form of government, but would need 6 out of 8 votes to do so.

If anyone else was there and could share more details, please do.

[OakParkSpartan]

I don't think the aldermen  can change the form of government  without a referendum.

Read this opinion from the Illinois Attorney General:  http://www.ag.state.il.us/opinions/1997/97-028.html

Our courts have held that a change in the balance of powers between the executive and the legislative branches is a change in the form of government that cannot be effected without referendum approval.

They conclude

These cases support the general proposition that the city council has the power to create, abolish, change the qualifications for or alter the duties of the various city boards and commissions. In none of these cases, however, was there judicial approval of an attempt by a city council to transfer to itself, without referendum approval and in derogation of the authority of the mayor and the city manager, the power to appoint either officers or employees.

Based upon the cases cited, it is my opinion that the proposed ordinances, in attempting to transfer the mayor's statutory authority to make appointments to the city council without referendum approval, would constitute an impermissible change in the form of government of the city contrary to the requirements of article VII, section 6(f) of the Constitution.

Unless something  has changed in the intervening years, that seems pretty clear.

I don't like the idea of 8 people changing the structure of our government. I don't have faith in them to get it right.  Not with the bunch we have up there now.

Maybe they can eliminate the 8th ward, and make all our lives better.

Cheers,
Brian

[Rizzo]

I don't think the aldermen  can change the form of government  without a referendum.

Read this opinion from the Illinois Attorney General:  http://www.ag.state.il.us/opinions/1997/97-028.html

Our courts have held that a change in the balance of powers between the executive and the legislative branches is a change in the form of government that cannot be effected without referendum approval.

They conclude

These cases support the general proposition that the city council has the power to create, abolish, change the qualifications for or alter the duties of the various city boards and commissions. In none of these cases, however, was there judicial approval of an attempt by a city council to transfer to itself, without referendum approval and in derogation of the authority of the mayor and the city manager, the power to appoint either officers or employees.

Based upon the cases cited, it is my opinion that the proposed ordinances, in attempting to transfer the mayor's statutory authority to make appointments to the city council without referendum approval, would constitute an impermissible change in the form of government of the city contrary to the requirements of article VII, section 6(f) of the Constitution.

Unless something  has changed in the intervening years, that seems pretty clear.

I don't like the idea of 8 people changing the structure of our government. I don't have faith in them to get it right.  Not with the bunch we have up there now.

Maybe they can eliminate the 8th ward, and make all our lives better.

Cheers,
Brian

No argument .  The council was not elected to change the structure of government.  Who says another structure is the best solution.  I cannot imagine that many people have faith in the "bunch" we have now.  It is clear that the "bunch" has no desire to work together and are committed to obvious individual agenda's. 

[OakParkSpartan]

Another good reference:

http://www.ancelglink.com/qanda/2002IML.html

I believe this was the outside firm which some aldermen wanted to consult regarding  bonebrake.

Cheers,
Brian

[scoon]

I'm just telling you guys my understanding of this conversation.  I qualified it cause I realize I may have gotten it wrong.

But I agree that I don't like the idea of 8, hell, 6 people making that decision.  No matter who they are.

I don't see it getting 6 votes anyway.

[Dancing Queen]

  the law firm (who's name I do not recall and don't feel like searching for on my phone) determined that Berwyn is Not a strong mayoral form of government. So if I understand correctly, this means The Mayor cannot appoint people without council's approval... and that the council can vote for a different form of government, but would need 6 out of 8 votes to do so.

  That's contrary to an Illinois Supreme Court ruling involving Berwyn AND O'Connor.  In the 1990's, Mayor Shaughnessy was appointing people without city council approval and I think it was Mike O'Connor who brought a suit against the city stating that Shaughnessy had to get city council approval for all of this appointments.

The case went all the way to the Illinois Supreme Court, which ruled that Shaughnessy had the right to appoint people without city council approval. The Illinois Supreme Court ruled in favor of Shaughnessy.

Doesn't sound like the law firm hired by the city council knew about (or, more likely, they completely ignored) the Illinois Supreme Court decision involving Berwyn in the late 1990s

  But, it seems, that's what lawyers do nowadays (and I am including Odelson as a lawyer for the OC as well as the city council lawyers).  They seem to give opinions that their clients want to hear rather than what they believe the right answer is.