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City Council Packet 2008 06-10-08 (special CC) y ea cl; d United City of Yorkville 800 Game Farm Road MT ,eas Yorkville, Illinois 60560 ® I® Telephone: 630-553-4350 Fax: 630-553-7575 AGENDA SPECIAL CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 6:00 PM Tuesday, June 10, 2008 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Wally Werderich Gary Golinski Marty Munns Joe Besco Arden Joe Plocher Robyn Suteliff Rose Ann Spears Establishment of Quorum: City Council Requests: 1 . Interview of I " Ward Alderman Candidates Scott Gengler, Carlo Colosimo, and George Gilson Adjournment: ;`gyp C/p� Reviewed By: Agenda Item Number Jqz� A Legal ❑ City Council Request #1 Finance ❑ EST. c 1636 Engineer ❑ Tracking Number 0 I® I<i �j City Administrator ❑ p ��s ICJ Consultant El G ` ❑ — Agenda Item Summary Memo Title: Interview of I " Ward Alderman Candidates Scott Gengler, Carlo Colosimo, & George Gilson Meeting and Date: Special City Council Meeting 6/10/08 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Alderman Werderich, Alderman Golinski, and Alderwoman Spears Name Department Agenda Item Notes: Lisa Pickering From: walldozer @aol.com Sent: Monday, June 02, 2008 1 :38 PM To: Lisa Pickering Subject: 6/10 Special City Council Meeting Lisa: Please take this letter as notice to the Clerk that Alderman Golinski, Alderwoman Spears, and myself would like to call a special meeting of the city council on June 10th at 6 pm in the city council chambers. The agenda of the meeting will be as follows: I . Interview of 1st Ward Alderman candidates, Scott Gengler, Carlo Colosimo, and George Gilson 2. Additional business Please let me know if you have any questions, or if there are any problems. Additionally, it would be most appreciated if staff could notify the other city council members who would like to be present. Thanks in advance for your attention to this matter. With best regards, Wally Werderich Stay informed, get connected and more with AOL on your phone. I LAW OFFICE KATEILEEN FIELD ORR & A.ssOC%ATES t8o NORTH MICHIGAN AVENUE SUITE 1040 CHICAGO, ILLINOIS 60601 (31 a) 382-2113 KATHLEEN FIELD ORR FAX (312) 382-2127 P JOSEPH MONTANA kfo ® kfoassoc com Pjm@kfoassoc com MEMORANDUM TO: Mayor and City Council of the United City of Yorkville FROM: Kathleen Field Orr, City Attorney DATE: .June 5, 2008 RE: Call for a Special Meeting on .Tune 10, 2008, Requested by Alderpersons Golinski, Spears, and Werderich The purpose of this memorandum is to address the call for a Special Meeting on .June 10, 2008, requested by Alderpersons Golinski, Spears, and Werderich. The first agenda item listed states that the alderpersons intend to interview I " Ward Alderman candidates, Scott Gengler, Carlo Colosimo, and George Gilson. Section 1 -5-4 of the United City of Yorkville City Code (the "City Code") states that "[w]henever a vacancy occurs in any elective municipal office. . .,until the office is filled by election, the mayor shall appoint a qualified person to the office, subject to the advice and consent of the city council." Section 3 , 1 - 10-50(e) of the Illinois Municipal Code (65 ILCS 511 -1 -1 , et seq. ) (the "Municipal Code") further clarifies this point stating that a mayor must make an appointment of a qualified person to fill a vacant aldermanic position within 60 days after the vacancy occurs, and the corporate authorities must act upon the appointment within 30 days. If the appointment fails to receive the advice and consent of the corporate authorities within 30 days, the mayor shall appoint a second qualified person, and the corporate authorities must act upon that appointment within 30 days. If the second appointment fails to receive the advice and consent of the corporate authorities, then the mayor, without the advice and consent of the corporate authorities, may make a temporary appointment from the two persons whose appointments failed to receive the advice and consent of the corporate authorities. The person receiving the temporary appointment shall serve until an appointment has received the advice and consent or until a person has been elected, whichever occurs first. Both the City Code and the Municipal Code make it clear that it is the Mayor' s right to appoint a person to the vacant alderperson position. At the last regular meeting on May 27, Mayor Burd appointed Scott Gengler to the vacant alderperson position; therefore, there are no "candidates" for the office of alderperson of the I " Ward. The corporate authorities of the City KATHLEEN FIELD ®RR & ASSOCIATES now have 30 days to act upon that appointment. If this appointment does not receive the advice and consent of the corporate authorities, as stated above, the Municipal Code prescribes the procedures to be followed.. Next, the second agenda item is vague and does not meet the requirements of the Open Meetings Act (5 ILCS 120/1 , el seq. ). Unlike regular meetings, special meetings require specific notice. The notice must state the purposes for which the special meeting is called . No business may be transacted at the special meeting except that for which it is called, as set out in the notice, in part because the Open Meetings Act protects the rights of the press and the public to be notified of the business of the municipality. Even if all members of the legislative body waive notice of the particular matter to be discussed, the intervening rights of the public to this notice cannot be waived, Ward v. Ci(y of Duquoin, 173 Ill App. 515 . It will not suffice to place as the last item of business at a special meeting the phrase "other business." This phrase gives the press and public no notice of the specific matter that will be discussed. On the other hand, at a regular meeting, any matter may be brought up and discussed but not acted on, regardless of whether the item or issue was specifically delineated in the agenda. Rice v. Bd of Trustees of Adams County, 326 I11.App.3d 1120. In this case, the last agenda item listed is "Additional Business," This is vague and does not provide sufficient notice to the public. `QED C/i o United City of Yorkville 800 Game Farm Road EST. 1036 Yorkville, Illinois, 60560 Telephone : 630 - 553 -4350 Fax : 630 - 553 - 7575 May 29, 2008 To Members of the Yorkville City Council: On May 20, 2008 I, as the duly elected Mayor of the United City of Yorkville and exercising the authority vested in me by the Yorkville City Code and the Illinois State Statutes, appointed Scott Gengler to fill the vacancy created through the resignation of former Ward I Alderman .Jason Leslie. The Yorkville Corporate Authorities have 30 days, or until June 19, 2008, to evaluate Mr. Gengler and make a decision to approve or deny his appointment. It has come to my attention that Alderman Wally Werderich, with the support of Aldermen Rose Spears and Gary Golinski, have called for a special meeting to convene at 6 pan. on June 10, 2008 to "interview candidates" for the open alderman position. I am disappointed and disturbed by this action because it shows a complete disregard for the appointment process as proscribed by Yorkville City Code and the Illinois State Statutes. I r an effort to clarify this situation, I am writing to notify you that there currently are no candidates for this position . There is one appointee, Mr. Gengler. If you choose to disregard this reality and move forward with this as the agenda for a special meeting, you as a group will not only be embarrassing yourselves by exhibiting your lack of understanding of the process and your disregard for fiscal responsibility, but also you will be showing a great disrespect for the appointee. I encourage you all to familiarize yourselves with both Illinois State Statutes as they relate to municipalities (they are online and easy to read) and with Mr. Gengler, who is a very worthwhile candidate and deserves your consideration. Sincerely, min 6V Valerie Burd Mayor, United City of Yorkville