By: Diane Benjamin
This item is on the Omnibus Agenda. In case you forgot, those items are routine and don’t need to be discussed unless a Trustee pulls one. Since Stan Nord was elected the Council does pull items, mostly not to object, but more to praise staff for the great job putting it together.
This one needs pulled:
Who creates a contract and identifies goals and objectives later? Town of Normal evidently.
There are BIGGER issues however:
The court commented that, like municipalities, “a township board may not contract to employ persons for terms greater than the period for which the board making the decision has left to serve.”
The current board has 3 months left to serve. It would be illegal to create a contract with Pam that extends past 3 months. They would be tying the hands of the next Council.
Source: bottom of PDF page 12 to top of 13. Keep reading, there is more details in this court ruling. https://courts.illinois.gov/R23_Orders/AppellateCourt/2019/2ndDistrict/2180452_R23.pdf
In case attorney Brian Day weasels on that case, here’s another one:
Colfax. Heard of that city Mr. Day?
“In this case, there are several regulations at play. Section 5/3.1-30-5 of the Illinois Municipal Code provides that a mayor or president may appoint municipal officers, with the advice and consent of the city council or the board of trustees, and that the city board may prescribe that officer’s duties and the powers and his term of office, “but the term of office, except as otherwise expressly provided in this Code, shall not exceed that of the mayor or president of the municipality.” 65 ILCS 5/3.1-30-5.
SHALL not exceed
Looks pretty clear. Voting to extend Pam’s contract past when the next Council takes office would be illegal. Mr. Day?
No, Home Rule doesn’t supersede Illinois code. Bloomington thinks Tim Gleason has a legitimate contract until he wants to retire. The same applies to him.
When the new mayors are sworn in they can void any contracts with either. Neither can do a thing about it.