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11-16-1999 Special Meeting132 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, TUESDAY, NOVEMBER 16, 1999 CALL TO ORDER: The SPECIAL meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Pro Tern Christiansen at 8: 05 p. m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Tuesday, November 16, 1999. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Arredia. Also present were: City Manager Douthwaite, Assistant City Attorney Bartel, and City Attorney Wiltse. ELECTION OF ACTING MAYOR: Mayor Pro Tern Christiansen asked the aldermen how they would go about electing an Acting Mayor; what procedure they will be following needs to be presented. Alderman Beauvais stated that the aldermen should establish a procedure before there are any nominations. Alderman Sayad stated that he is uncomfortable with proceeding with this election tonight; he does not have the proper procedure in front of him; the information that he has received is not complete; City Attorney Wiltse should have gotten another opinion; there may be many options for us to chose from; he would like to postpone this until they have the proper information. City Attorney Wiltse stated that there are no set procedures; the City Council sets their own procedures; there are not procedures in the State Statutes, only Robert's Rules; how you go about getting the majority, it up to you, the City Council. Alderman Brookman stated that she agreed with Alderman Sayad; the City Attorney should have provided the aldermen with the appropriate information so that we could have been able to discuss this tonight; before we address this issue, we should have the full information. Moved by Brookman, seconded by Sayad, to TABLE the matter of the election of the Acting Mayor until the City Attorney provides the aldermen with full information about the procedure options that are available to them; and the aldermen submit their response to these options back to the City Attorney. Upon roll call, the vote was: AYES: 2-Sayad, Brookman NAYS: 6-Beauvais, Christiansen, Elstner, Becker, Smith, Arredia ABSENT: 0-None Motion declared failed. Alderman Arredia stated this should be handled in a proper way; he is concerned that what we may do tonight would not be legally binding. Alderman Beauvais asked if the aldermen could set a procedure with what the City Attorney is telling us; what is right and what is wrong? City Attorney Wiltse said yes. Alderman Becker asked if the Acting Mayor would have to resign his aldermanic seat; he has not gotten an answer to that yet. ACTING MAYOR (Cont'd.) 132 11/16/99 PAGE TWO City Attorney Wiltse explained several different possible options; the law is vague; you set the rules; which way do you want to go. Alderman Becker stated that the City Council could define their own rules which means we need more information. Moved by Becker, seconded by Arredia, to reconsider the vote taken on the motion (which failed) to TABLE the matter of the election of the Acting Mayor until the City Attorney provides the aldermen with full information about the procedure options that are available to them; and the aldermen submit their response to these options back to the City Attorney. Alderman Beauvais stated that she suggests that we direct the City Attorney to offer a few options to us; ask for suggestions and prepare a procedure. City Attorney Wiltse stated that he needs clear directions, i.e. do you want an alderman to be able to nominate him/herself; do you want to require a second to a motion. Alderman Becker asked if the City Council could go into Executive Session to set a procedure. City Attorney Wiltse said the City Council cannot go into Executive Session to establish a procedure unless they would come out of Executive Session and elect an Acting Mayor tonight. Alderman Sayad stated that he recommends that the City obtain outside counsel for more information. Aldermen Becker and Arredia withdrew their motion to reconsider the vote to table. Alderman Smith stated that it seems to him that the City Council is afraid to make a decision; you are focused more on procedure and not on who will be the Acting Mayor. Moved by Elstner, seconded by Brookman, that the City Attorney be authorized to prepare seve:;i:-al different procedure options regarding the procedures for electing an Acting Mayor; consult outside counsel, if necessary; and send the options to the aldermen for their input , suggestions, comments and return to the City Attorney for final draft. Alderman Beauvais stated that the City Attorney needs to ask some specific questions to prepare these procedure options. Upon roll call, the vote on the motion was: AYES: 6-Christiansen, Elstner, Sayad, Brookman Becker, Arredia NAYS: 2-Beauvais, Smith ABSENT: 0-None Motion declared carried. Moved by Beauvais, seconded by Becker, that whomever is elected Acting Mayor must resign his/her aldermanic seat immediately. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Arredia NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Beauvais, seconded by Smith, that no matter how few votes a nominee may receive, they will not be required to drop out of the election process. Upon roll call, the vote was: ACTING MAYOR (Cont'd.) ADJOURNMENT: PAGE THREE 132 11/16/99 AYES: 4-Beauvais, Christiansen, Smith, Arredia NAYS: 4-Elstner, Sayad, Brookman, Becker ABSENT: 0-None Motion declared failed (a tie vote is a failed vote) . Moved by Beauvais, seconded by Brookman, that the SPECIAL meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:34 p.m. ~~3L Donna McAllister, CMC/AAE CITY CLERK APPROVED BY ME THIS ~}3'--=-~~-