City of Belleville Ordinance & Legal Review Committee met January 9.
Here is the minutes provided by the Committee:
Alderman Wigginton called the meeting to order.
Aldermen present on roll call: Alderwoman Pusa, Alderman Hazel, Alderman Randle, Alderman Wigginton, Alderwoman Stiehl.
Staff Present: City Attorney Hoerner, City Clerk, Jenny Meyer, City Police Chief, Clay, City Treasurer, Dean Hardt, Mayor Eckert and Alderman Buettner.
Public Participation:
Michael Hagberg-
Requested to include meeting location and members on the agenda so the public can have a better understanding of who to contact and where the meeting is being held.
Minutes:
Alderwoman Pusa made a motion seconded by Alderman Randle to accept the minutes of December 27, 2017.
All members present voted aye.
Unfinished Business:
None.
Miscellaneous & New Business:
Alderman Wigginton advised the Consideration of Ordinance revising section 121.28 (Underage Sales) and Consideration of Ordinance concerning adult entertainment were being tabled.
Consideration Of Ordinance Revising Section 31.009 (Appointment Of Employees) And Section 31.031 (City Officers)-
City Attorney Hoerner stated this is a way to effectively to clean up the language that was previously in section 31.009(c)(d) that is under appointment of employees when it pertains to department heads that are appointed officers by the mayor. The residency requirement for city officers has been moved to the appointment section of city officers and incorporated language from section 3.1-10-6 of the municipal code which was also distributed with the proposed ordinance.
The same limitation of the 10 mile from the city limits that was previously approved by the council was included.
City Attorney Hoerner stated the municipal code states that a residency requirement does not apply to the city engineer, city attorney or any other city officer that requires technical training. That language has been added and it will be determined by the city council.
Alderman Wigginton asked what other city officers would this apply to; City Attorney Hoerner stated as a home rule authority there is a list of appointed officers and it depends on the position which would require a specific certification or license.
Mayor Eckert stated the three exceptions currently are the city attorney, building inspector and electrical/HVAC inspector.
Mayor Eckert stated Sherry Favre, Human Resource Director, is getting close to the 15 months. She has every credential/certification needed i.e. Title VIII, Title VII, Masters Degree in HR. The city could look nationwide and not find someone with her background. She is approximately three (3) miles outside of the city limits.
Alderman Randle stated with respect to the technical training and knowledge does her training require continuing education; City Attorney Hoerner stated he will research. Mayor Eckert stated she attend the IML courses. Alderman Randle stated he is concerned if other department heads want to fall under this rule; City Attorney Hoerner stated that is why the language "to be determined by city council" has been added. Alderman Randle asked that this be further defined; City Attorney Hoerner stated is was not further defined in the statute and the way this is written is not written to address a single employee and as guidelines to follow is difficult because every job is different.
Alderman Wigginton stated are we looking for the right person at the right place at the right time; City Attorney Hoerner stated you are adopting the existing law except you are making it more restrictive as far as the ten (10) mile radius.
City Attorney Hoerner stated positions evolve.what was required of a certain department head position twenty years ago is probably far different that what is required now. Human Resource is a good example because the evolution of the legal requirements and the issues that are addressed by HR are far different than twenty years ago when most people operated without a human resources department. Technology is the same way.there are certifications that must be obtained in technology that probably didn't exist twenty years ago.
Alderman Wigginton stated a position must be filled with a person that will move the department forward. The ten (10) mile radius is a strong restriction.
Alderwoman Pusa made a motion seconded by Alderwoman Stiehl to approved revising Section 31.009 (Appointment of Employees) and Section 31.031 (City Officers).
All members present voted aye.
Consideration Of Ordinance Concerning Smoke Shops:
City attorney Hoerner stated this is a follow up from a prior meeting. Under the Smoke Free Illinois Act a/k/a retail tobacco stores, there have been concerns expressed about the proliferation of these types of stores and ensuring compliance.
The Smoke Free Act talks about if they are initiated after the Act then they have to be a free standing building that won't affect any other portion of the building. What happens in the retail tobacco stores is they sell a lot of the smoking equipment but they also smoke the tobacco there.
City Attorney Hoerner stated he has created a section regarding retail tobacco stores that whereby they would be licensed and defined pursuant to the Illinois Act 113.08. The definition is identical as to the Illinois Act. It restricts the location to a special use where a special use permit will have to be granted in order to have a retail tobacco store and it would have to be in a free standing structure occupied solely by the business.
Alderman Randle made a motion seconded by Alderwoman Pusa to approve consideration of ordinance concerning smoke shops 113.08.
All members present voted aye.
Discussion Concerning Auxiliary Police:
Chief Clay stated in 2006 the city was forced to change the auxiliary police when law enforcement training decided if a person was an auxiliary officer they must attend the academy. They did make an exception that you can have an auxiliary force and essentially not make them attend the academy; however, they must have 40 hours training to carry a firearm.
Chief Clay stated the new language stated they will be appointed by the mayor, directed by the chief of police and they will assist the officer; however, they cannot replace the police officer. They can assist with large parades and events.
Currently there are four candidates that are in the process of training and equipment. This is restricted because of resources. Chief Clay hopes to see a force of 15-25 which will be accomplished in stages.
Alderman Wigginton asked if these positions are considered city employees, do they have benefits; Chief Clay stated they are volunteers. If they get hurt in the line of duty the city's work comp will cover. Alderman Wigginton asked how the city finds the auxiliary police; Chief Clay stated through Southwestern Illinois College etc.
Alderman Wigginton asked why can the department not take on more auxiliary police; Chief Clay stated money constraints. Alderman Wigginton asked the cost to outfit an auxiliary police; Chief Clay stated $1,531.34.
Discussion Concerning Tax Reform Issues:
Alderman Randle asked if a resolution can be entertained by the council to agree to provide the city stance with respect to the need of some type of reform.
Alderman Randle stated his understanding under the Illinois Article 13 Section 5 which basically has the clause that the city cannot impede or reduce the benefits. City Attorney Hoerner stated it would require a constitutional amendment.
City Attorney Hoerner stated the last section of the police and fire states that the home rule authority can be used to modify. It says the home rule unit shall have no power to change, alter or amend any way of the provisions and a home rule unit which is a municipality shall not provide for singularly or as part of any plan or program by any mean whatsoever any type of retirement or annuity benefit to a firefighter other than the establishment of the fund. That would prohibit the thought of a 401K. Basically their sole avenue for retirement is under the pension code. The home rule unit is not authorized to alter any provision of the article. The funding requirement is property tax. Property taxes are more reliable, more constant method.
Mayor Eckert stated IML has lobbied and submitted proposals. Discussion continued and will be brought back for further discussion.
Adjournment:
Alderman Randle made a motion seconded by Alderwoman Pusa to adjourn the meeting at 7:25 p.m.
All members present voted aye.
http://www.belleville.net/AgendaCenter/ViewFile/Minutes/_01092018-1616
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