CITY OF ROCK ISLAND CITY COUNCIL STUDY SESSION December 10, 2018-5:30 p.m. City Council Chambers, City Hall, 3rd Floor 1528 Third Avenue, Rock Island, IL Present: Mayor Mike Thoms, Alderman Dylan Parker, Alderman Ivory D. Clark, and Alderman Stephen L. Tollenaer Alderman Virgil J. Mayberry arrived at 5:36 p.m. Absent: Alderman Joshua Schipp, Alderman Dave Geenen, and Alderman Spurgetis Staff: City Manager Randy Tweet, City Attorney Dave Morrison, City Clerk Judith Gilbert, and other City staff 12/10/2018 - Minutes MARTIN LUTHER KING CENTER: MISSION, PROGRAM, 2018 HIGHLIGHTS AND PROPOSED AMENDMENTS TO ORDINANCE Martin Luther King Center Director Jerry Jones informed Council he plans on presenting to them once a year on the progress of the King Center. He said their mission is to provide opportunities for a diverse population through a variety of programs and service. He stated their vision is to be a flexible and responsible organization that will help develop all citizens. Mr. Jones reviewed the MLK Center's current programs and numbers served this year under three categories: 1) Staff Led: Afterschool Program (65), Summer Day Camp (150 with a waiting list of 25-50), Substance Abuse Prevention (1,200), Teenage Pregnancy Prevention (250), and the Family Advocacy Center (180); 2) Volunteer Led: Metropolitan Youth Program (40-50), RI Boxing Club (8-10), ACTIVE Club (90-110), and 340s Basketball (40-50); and 3) Hosted: Two Rivers YMCA and Arrowhead Youth and Family Services. He said the YMCA administers the food program serving 1,100 children and also uses the MLK kitchen for food prep. Mr. Jones discussed the annual events held at the King Center and the average attendance: the Dr. King Memorial Service (450-500), the Legislative Breakfast (100), Family Fun Day (400-600), Thanksgiving Dinner (1,200), and the Winter Holiday Party (450). Mr. Jones added that there is also the Ida Robinson Banquet Room facility which brings in over 200 events annually and the tax preparation and financial counseling services offered by United Way which filed 785 returns last year. Mr. Jones reported on the success they had in 2018. First, he thanked the MLK Board of Directors and the great MLK staff. The MLK Center created a Board Governance Committee, hired a Resource Development Manager, received a state grant to reach older youth, revitalized Family Fun Day with a Drill Team showdown, improved literacy rates for children in the summer day camp and Spring Forward programs, and the ACTIVE Club traveled to New York City. Board Chairman David Levin reviewed the different roles and responsibilities of the MLK Board and the City of Rock Island. He named all of the board members, many of whom were present. Mr. Levin asked Council to consider an ordinance change for the membership of the MLK Board.
Mr. Levin asked Council to consider an ordinance change for the membership of the MLK Board. Mr. Levin explained the rationale for the change is that they are trying to get more community support and activism on the board. The changes Mr. Levin requested are the removal of the Human Resources Director from the Board and a total of nine (9) members who represent the neighborhood of the MLK Center and the community at large. One alderman and the nine members will continue to be appointed by the Mayor with the consent of the City Council. The Finance Director will also continue to be a permanent member of the board. The MLK Board will then have a total of eleven (11) board members which will match their by-laws which were changed in 2008. Mayor Thoms said he liked the suggestions. Alderman Parker asked if they considered partnering with the school district and having one of their board members serve on the board. Mr. Jones replied that a school principal of Rock Island Academy, Tia Edwards, serves on the MLK Board. Mr. Jones said they have had many teachers serve on the board. Alderman Clark who is a member of the MLK Board agrees with the request for the changes they want to make. He said Reverend Ford had a vision several years regarding the MLK Center and its impact and the board is working hard to make those changes. He noted Mr. Ted Pappas is the non-resident member of the board but represents Friendship Manor, a big part of the community. HUMAN RESOURCES: PROCEDURES FOR CLAIMS UNDER PSEBA AND APPOINTMENT OF HEARING OFFICERS Human Resources Director John Thorson said the Public Safety Employee Benefit Act (PSEBA) passed in 1997 with four functions. PSEBA is meant for cities to provide lifetime health benefits to a police officer or firefighter who is killed in the line of duty or suffers a catastrophic injury. However, catastrophic injury was not defined in the state statute. He reviewed the four factors of PSEBA eligibility for a catastrophic injury. Mr. Thorson stated there has been abuse of the system with catastrophic awards being granted when they are not really catastrophic. The City is paying almost $45,000 per year for PSEBA benefits. He introduced Lori Utsinger, the City's workers' compensation attorney, who works through and settles the claims. She helped develop the IML ordinance that Mr. Thorson is requesting Council pass. Ms. Utsinger said the statute is very broad, but with no procedural methods or step by step process to obtain PSEBA benefits. One case did go to the Illinois Supreme Court, but catastrophic injury was still not defined. She said the Court did rule that municipalities can define their own procedures. She stated that if an injured employee can go back to gainful employment, they don't qualify for PSEBA benefits. Ms. Utsinger explained they want to put in protections for the City; she added the trend is to start passing ordinances defining the procedures. The courts will eventually decide on any ordinances passed when they are litigated. City Attorney Dave Morrison said the legislature could define catastrophic injury, but they have not acted on it yet. The ordinance provides some potential protection and at least sets up some procedure for obtaining PSEBA benefits. Mr. Morrison stressed there is no guarantee of protection even with the proposed ordinance, but it is better than what the City has now. He said eventually it will go to court whether here or in another case. Alderman Parker said the Illinois Supreme Court cited in the Pederson case that municipalities can set up administrative rules. Ms. Utsinger also noted the Village of Vernon Hills case; she will send citations to Mr. Morrison for forwarding to Council. Mr. Morrison said some day a case will go to the Supreme Court to determine if it was procedural or not. Alderman Parker stated in Section 20 of PSEBA, it is explicit for how it has to be. Mr. Morrison responded that the Supreme Court has not interpreted it in that way. Mr. Morrison said something is better than nothing which the City has now. Alderman Parker introduced Blake Humphrey, IAFF Local 26 President. Mr. Humphrey said he
Alderman Parker introduced Blake Humphrey, IAFF Local 26 President. Mr. Humphrey said he disagrees with 90% of what has been said. He stated a duty disability pension does not automatically qualify an employee for PSEBA benefits. He gave an example of a potential incident happening in a training situation. He said a thirty day window is impossible when hearings can take six to nine years to complete. They also object to IML's language regarding gainful employment. Mr. Humphrey said the Pederson case applied to home rule communities. He urged Council to look at more cases that have been won by the unions or workers. He said even the IML website states the validity of the ordinances will only be known when they are litigated and the Court decides. Alderman Clark asked for the cases to be sent to Council members. Mr. Humphrey will email them to Council. Alderman Parker said it would be nice to get a procedure in place and the two sides come to some agreement on procedure. Mr. Humphrey added the unions' attorney has negotiated several procedures. Alderman Mayberry asked if the membership was aware of this; Mr. Humphrey responded yes and there have been many litigations across the country. He explained further how they object to the clause "if you can reach gainful employment." That could mean if someone could work a minimum wage job at Walmart or McDonald's, their PSEBA benefits would be denied. Mr. Morrison commented that they need to look at all cases. He said the Court cannot legislate from the bench; every ordinance can be litigated. He stated policy wise, it would be up to Council to decide. Alderman Clark said the main goal is to have some type of procedure in place; he thinks they should work with the union. Mr. Morrison said it's all negotiable what is included in procedure and would be less contentious if everyone worked together. He cautioned that there will be no control with what happens statewide. Ms. Utsinger repeated there is no PSEBA procedure in place now. There is a two-part test for catastrophic injury with four categories. She said it still is a case by case analysis of looking at the individual situation. She stated the proposed ordinance will give the City the method or procedure for the analysis. City Manager Randy Tweet said staff will work with the two public safety unions and bring some procedural language forward to Council. Alderman Tollenaer said there are three absent aldermen who should have input before the City Manager gives direction. Mr. Morrison said the City is not taking any official action yet. CITY CLERK: DISCUSSION OF PUBLIC COMMENTS RULES FOR ADOPTION City Clerk Judith Gilbert said she will present discussion topics for Public Comment rules which are required to be adopted by Council under the Open Meetings Act. She added City Attorney Morrison will also need to review any rules that Council wants since there have been questions with regard to individuals' First Amendment rights. WHEN: Ms. Gilbert noted that it has been the policy in recent years to allow Public Comment near the end of Council meetings under "Other Business." Residents who wish to speak on agenda topics are asked to inform the Mayor, Council members, or the City Clerk that they wish to do so. She added Public Comment rules do not apply to closed session. LENGTH of TIME for PUBLIC COMMENT: Ms. Gilbert reviewed options for the length of time for Public Comment such as fifteen or thirty minutes. If there are many speakers wishing to be heard, Council could always extend the time for Public Comment so that everyone who wishes may speak. Council has allowed speakers to have five minutes to speak.
NUMBER of SPEAKERS: Ms. Gilbert stated that some communities limit the number of speakers during Public Comment with the option for the Mayor or Chair to randomly choose speakers if there are multiple speakers wishing to be heard on the same topic. She suggested that the rules not allow one speaker to give their allotted time to another speaker. Ms. Gilbert said it is usual that Public Comment Rules limit the time for each speaker to three or five minutes per speaker. PROCEDURE: Ms. Gilbert said in the Public Comment rules, a procedure is usually spelled out for how citizens can sign up to be heard during the Public Comment period. Currently, a sign-up sheet in the back of Council Chambers is used with residents signing up with their name, town of residence, and topic they wish to speak about. Address is no longer required as it is exempt under FOIA. Ms. Gilbert said she has never published addresses in the minutes. Typically, the Mayor has selected speakers in the order that they signed up. Mr. Morrison said giving one's home address can have a chilling effect on speaking. APPROPRIATE TOPICS: Ms. Gilbert said several communities restrict the content of topics from speakers to be relevant to that public body's business; for example, Rock Island County business could not be discussed at the City of Rock Island's Public Comment time. BEHAVIOR: Ms. Gilbert noted a typo on the second page of the her handout; it should state that statements should not be directed to individual Council members. She recommends language to include staying at the podium and not approaching Council or staff as well as directing comments to all of Council, not to one individual. She also recommended language be included to state that Public Comment time is not the opportunity to get questions answered or to engage in a debate or discussion on the topic or to discuss the matter with other audience members. Ms. Gilbert believes that it is okay to say that profanity is not allowed. She added however, rules regarding behavior or speech be civil or courteous may not be allowed under the First Amendment. Speakers should be seated after speaking with no further debate, dialogue, or comment. PUBLIC COMMENT at OTHER CITY MEETINGS: Ms. Gilbert recommended to Council that with 25 plus City boards, committees, and commissions, the Public Comment rules adopted by the City Council should be the same for the City's subsidiary public bodies. She does not recommend 25 different sets of rules for Public Comment. Ms. Gilbert recommended Council adopt Public Comment rules in early 2019. Discussion followed. City Attorney Dave Morrison said it is okay to adopt time, manner, and place restrictions on Public Comment. He added regarding content-related restrictions, those might be frowned upon. He doesn't think it would be wise to adopt content restrictions other than no profanity and being disruptive or disrespectful which can be handled on an ad-hoc basis by the Mayor. Alderman Tollenaer suggested that if an unruly situation develops, Council should be prepared to adjourn and leave the Chambers. Mr. Morrison said the speaker could just keep coming back to be heard. Alderman Mayberry suggested to Ms. Gilbert that when a speaker is done, the speaker could also leave the Council Chambers. Alderman Parker asked Council if they wanted Public Comment at the beginning of the Council meeting or at the end of the meeting as it is currently. Mayor Thoms has no objection if it's at the beginning of the meeting. Mr. Tweet said that would cover agenda items that speakers may want to address. Alderman Tollenaer suggested having it at both times. Mayor Thoms prefers that Public Comment be either at the beginning or at the end; not both. Discussion continued. The consensus was to move Public Comment to the beginning of the meeting thus allowing citizens to speak about agenda topics or any topic.
Alderman Parker asked about keeping the sign-up sheet. Ms. Gilbert said it is useful for spelling of the name. Alderman Parker said with regard to restricting the amount of time for speakers, the burden is on Council to provide as much opportunity for everyone to speak. Alderman Parker asked who has the authority in the meetings; is it the Mayor? Mr. Morrison stated Council follows Robert's Rules of Order so the Chair would be the Mayor. Alderman Parker asked if the majority can overrule the Mayor. Mr. Morrison will check on that. Alderman Parker doesn't think the Mayor should have the sole authority. Alderman Clark said it should just take one alderman to say he wants to hear what the speaker has to say. Mayor Thoms felt that five minutes to speak is a reasonable amount of time for a speaker; he added if the Council is learning something, the time could be extended. Alderman Tollenaer said there used to be no limit. Alderman Mayberry brought up when Council was dealing with Shadybrook and Big Island/Jumer's Crossing. He said there were 75 people there. Alderman Mayberry feels that even under those circumstances, everyone should have their five minutes, even if they are repeating the arguments as previous speakers. City Clerk Gilbert and City Attorney Morrison will work on creating an ordinance for Public Comment rules and bring it back to Council. The study session concluded at 6:28 p.m. Judith H. Gilbert, City Clerk