11/02/1942(APPROVAL OF MINUTES • cont'd)
W
was made by Alderman Johnson and seconded by Lemke that the said minutes be approved.
The motion was voted upon by acclamation, whereupon the Mayor declared the motion
carried and the said minutes approved.
APPROVAL OF BILLS: The Finance Committee through its chairman Alderman
Pflughaupt then introduced the following resolution:
RESOLVED THAT THE FOLLOWING BILLS AND WAGES
ARE DUE AND PAYABLE AND THAT THE MAYOR AND
CITY CLERK BE AUTHORIZED TO DRAW THE PROPER
WARRANTS IN PAYMENT OF THE SAME.
12784 City Clerk's Petty Cash
12786 Homer Coffman
12788 H.A. Becker
12790 Hartless-Austin Co.
12792 Arthur Rieck
12794 C.J. Stack
12796 Mike Mihalo
12798 Des Plaines Journal
12800 (VOID)
12802 Soconiy-Vacuum Oil Co. 4.59
12804 Mike Mihalo 35.40
12806 Erema Trucking Co.,Inc. 6.45
12808 Penn. Salt Mftg. Co. 11.25
12810 R. Schoenebeck 3.90
12812 Meyer Coal & Matti Co. 69.00
12814 Edward J. Hughes 1.00
12816 John Specht 2.84
12818 Joseph James 5.00
12820 Hazel Burns .49
12822 G. Schultz .93
12824 Sam Atkins 35.00
12826 Des Plaines Municipal Band 32.30
63-M E.N. Fletcher 100.00
$22.19
55.00
22.00
16.50
9.34
18.00
24.00
10.60
12785
12787
12789
12791
12793
12795
12797
12799
12801
12803
12805
12807
12809
12811
12813
12815
12817
12819
12821
12823
12825
Arthur Hintz
Robert Steckbauer
Frank A. Bremer
Frank Scharringhausen
Frank Scharringhausen
Fred Huebner
Milburn Brothers,Inc.
Joe Palmer
H. Channon Co.
Fred Huebner
Earl Warnicke
Marblehead Lime Co.
Fritz Wettin
Wallace & Tiernan
R.W. Fischer
Valvoline Oil Co.
W.H. Paulson
Edw. Schimka
James J. Carroll
Claude Buckley
Carl Manz
Chas. F.W. Forberg
$55.00
55.00
6.58
34.69
20.00
28.80
7.50
55.20
5.96
33.00
15.00
306.00
6.00
24.11
6.75
48.88
2.86
3.50
2.96
4.11
12.00
85.00
The motion was made by Alderman Pflughaupt and seconded by Kehe to adopt this pro-
posed resolution. The Mayor put the question and the Clerk called the roll with the
following result: Ayes; Aldermen Carroll, Johnson, Loos, Pflughaupt, Kehe, Friott,
Lemke, Schwanbeck and Campagna. Nays; None. The Mayor thereupon declared the motion
carried and the said resolution adopted.
ADJOURNMENT: The motion was made by Alderman Lemke and seconded by Johnson to
adjourn. The motion was voted upon by acclamation whereupon the Mayor declared the
motion carried and the Council regularly adjourhed.
MINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF DES PLAINES HELD IN
THE COUNCIL CHAMBERS, MONDAY, NOVEMBER 2,
1942 AT 8:00 P.M.
RICH, City Clerk
CALL TO ORDER: The meeting was called to order by Mayor Charles H. Garland
presiding with Aldermen Johnson, Pflughaupt, Dopheide, Friott, Lemke and Campagna re-
sponding to the roll -call. (Aldermen Carroll, Loos, Kehe and Schwanbeck were absent
during the entire meeting). The Clerk reported six (6) aldermen present.
REPORTS OF OFFICERS* The Clerk then read the reports for October 1942 of
the following officers:
Edgar J. Friedrich, City Clerk
Frank F. Scharringhausen, Building Inspector
Arthur Rieck, Electrical Inspector
The Mayor ordered the said reports placed on file.
REPORTS JUDGEMENT SATISFIED: The Clerk then read the following letter::
Mayor and City Council
Des Plaines, Illinois
Gentlemen:
(LETTER - cont'd)
November 2, 1942
Re: Swedish American National
Bank of Rockford
vs.
City of Des Plaines, et al
I wish to advise that the above matter has been paid of in full as
follows:
23
$10,400.00 in bonds
21.27 in cash
This was done in conformity with the bond ordinance heretofore passed
by yourselves.
The original judgment was entered in the sum of $11,559.59 and was re-
duced on December 23, 1941 by the sum of $1,600.00, paid by two sureties
on the bonds of two former city treasurers, reducing the original judge-
ment to $9,959.59. The total amount funded by bonds amounted to $10,400.00
which together with cash in the sum of $21.27 represents the balance due
after settlement by the surety compaines plus accrued interest and costs
to date of ordinance.
Very truly you4s,
FRANK M. OPEKA
City Attorney
and Di followed the same by reading also the following letter:
November 2, 1942
Mayor and Members of
the City Council,
Des Plaines, Illinois
Re: Swedish American National
Bank of Rockford
vs.
City of Des Plaines, et al
Gentlemen:
Please be advised that I have this morning filed a Satisfaction of
Judgement with the Clerk of the ''ircuit Court of Cook County,
The above judgment is now satisfied in full end the records so show.
Very truly yours,
FRANK M. OPEKA
City Attorney
The Mayor ordered both of the said letters plated on file.
LEGAL OPINION ON CIVIL SERVICE STATUS OF EMPLOYEES LEAVING FOR ARMED FORCES:
The Clerk then read the following report:
COMMIT'TJ REPORT
To the City Attorney, Frank M. Opeka, at the meeting of the City Council, held
October 19, 1942, the following matter was referred to you:
The entire question regarding the status of Civil Service Employees
of the City who leave for service in the armed forces of the United
States. The principle questions with respect to this matter revolve about
tWfollowing points:
(1) Does such employee retain his status with respect to rank
and re -employability, and if not, can the Fire and Police
Commission by law amend its rules so as to provide that
such status be retained?
(2) Whether the City has the legal right to keep the pension
status of Civil Service employees leaving for the service
in tact by paying into the pension fund for the said em-
ployees an amount equal to 1% of the said employees' sal-
aries which is ordinarily paid by the employees themselves.
EDGAR J. FRIEDRICH, City Clerk
24
(REPORT - cont'd) '
and then also read the opinion attached thereto reading as follows:
November 2, 1942
Mayor and City Council
Des Plaines, Illinois
Gentlemen:
I have your request for an opinion on the question regarding the status of
Civil Service employees of the City who leave for service in the armed forces
of the United States. Your request specifically asks the following:
1. Does such employee retain his status with respect to rank and re -
employability, and if not, can the Fire and Police Commission by law amend
it's rules so as to provide that such status be retained?
2. Whether the City has the legal right to keep the pension status of
Civil Service employees leaving for the service in tact by paying into the
pension fund for the said employees an amount equal to -1% of the said em-
ployees' salaries which is ordinarily paid by the employees themselves.
At the outset, I wish to advise that the City of Des Plaines operates under the
Fire and Police Commissioners Act and not under the Civil Service Act. The only
difference between the two being that under the former, the Act restricts its
functions solely to the Fire and Police Departments, whereas the latter embraces
all the employees of a municipality, with certain exceptions. Thus, the Act
under which the City of Des Plaines operates, is in effect, Civil Service.
To carry out and conform to the Fire and Police Commissioners Act, the City has
adopted the following Pension Acts:
1. "An Act to provide for the setting apart, formation and disbursement of
a $lice pension fund in cities, villages and incorporated towns in the
State of Illinois, having a population of not less than 5000 nor more
than 200,000 inhabitants", Approved June 14, 1919 as amended.
2. "An Act to create a firemen's pension fund in cities, incorporated towns,
villages and townships havdng a population of not less than 5000 nor
more than 200,000 inhabitants, and to repeal certain Acts therein named",
Filed July 11, 1919.
The legislature, to meet the problems as above outlined by you, and confronting
all mgnicipalities similarly situated, enacted the following law:
"An Act authorizing Municipal corporations to preserve civil service
and pension rights of their employees inducted into the land or naval
corces of the United States", Approved March 26, 1941.
(Illinois Revised Statutes, Chapter 24, paragraphs 150,151,152 and
153).
(Section 1, 2, 3 and 4 of the Act).
Said sections read as follows:
Sec. 1. Whenever the corporate authorities of any municipal corporation, as
defined in this act, by ordinance, resolution, rule or order heretofore passed
or which may hereafter be passed, shall provide for the preservation of civil
service and pension rights, either or both, of employees of such #unicipal corp-
oration who, after September 16, 1940, enlist or have been or may be ordered to
active Federal service or inducted into the land or naval forces of the United
States pursuant to the Selective Training and Service Act of 1940, the Army Re-
serve and Retired Personnel Service Law of 1940, or other Acts of Congress, it
shall be the duty of all officers affected or concerned to do all things necessary
to be done and to perform all acts required to.carry out and effectuatd the pur-
pose and intent of such ordinance, resolution, rule or order.
Sec. 2. Any employe holding a position by virtue of armor Act governing the ci*il
service of such municipal corporation who enlists or has been �r may be ordered to
active Federal service or inducted into the land or naval forces of the United
States as provided in Section 1 of this Act may be considered as being on furlough
or leave of absence during his period of training and service and for forty days
after he is relieved from such training and service as provided in the Selective
Training and Service Act of 1940, the Army Reserve and Retired Personnel Service
Law of 1940, or other Acts of Congress, and, unless incapacitated from the perfor-
mance of the duties thereof may be restored to such position without losssof senior-
ity or to such other position as his civil service status would have entitled him
had he been continuously in the active service of such municipal corporation during
the period of such furlough or leave of absence.
(OPINION - cont'd)
25
Section 3. The corporate authorities of any such municipal corporation may provide
that, during the period of such furlough or leave of absence, payments shall be made
to any pension fund from any funds under their control in lieu of deductions which
would have been made from the salary of such employe had he continued in active service
as an employ of such municipal corporation and in that event the pension trustees shall
treat such payments in the same manner and with the same effect as if such payments
were deductions from the salary of such employe, and shall also credit such employe with
such concurrent contributions or other credits from the Municipal corporation from
taxes levied or to be levied for any such purposes as may be provided in the Act creat-
ing such pension fund for contributors thereto.
Sec. 4, defines "employe", "Municipal corporation",
Officers affected or concerned", "Pension fund" and "Pension Fund Trustees".
Bother of the pension funds in force in this city specifically allow time of service
in World War I and prior wars. (Par. 894, Chapter 24, Ill. Revised Statuses 1941).
In answer to your first question, it is may opinion, that a member of the Police or
Fire Department under the Fire and Police Commissioners may retain his status of the
position held at the time of enlistment or induction into the armed forces of the United
States, if the City Council will enact an ordinance in conformity with the Statute above
cited. After adoption of this ordinance, the Fire and Police Commissioners would
then, accordingly, amend their rules and grant a furlough or leave of absence for the
period of service and for forty days thereafter, providing that the person is then
physically able to carry on the duties of his position.
In answer to your second question, it is my opinion, that the City has aright under
the Statute above quoted to provide for and maintain the pension status of any em-
ployee under the Fire and Police Commissioners act, and the City may be ordinance,
provide for the payment in lieu of deduction of salary for such period of time as set
forth in the ordinance.
The Statute on both questions specifically says ar Act pertaining to civil service
and pension funds; thus the City has a right to protect the status of such employes
with reference to rank and re-employment, and also to maintain their pension status
by paying the monthly deduction in lieu of making such deduction from the salary.
To eliminate any confusion and to overcome any possible future litigation, the Municipal
League of Illinois is sponsoring an amendment to the above act so that it will include
Fire and Police Commissioners by name, instead of by reference as it now stands.
Accordingly, it is recommended that the City pass an ordinance to:
1. Preserve the Status of employees under the Fire and Police Commissioners,
entering the service.
2. Preserve and maintain, their pension status for a period of their service and
40 days thereafter.
It is also recommended that upon passage and adoption of this ordinance, that the Fire
and Police Commissioners amend their rules in conformity with such ordinance, and
that, they grant an order of furlough or leave of absence to such men as may be entering
the service of the United States in its armed forces; and that the Pension board accept
the monthly contributions in lieu of deductions from salary and maintain such status
as set forth in the ordinance.
It is also recommended that the City of
League in securing the amendment to the
Police Commissioners" Act by name, thus
the interpretation of the Statutes, and
that regard.
CC: F & P Commrs.
CC: Pension Board -Police
CC: Pension Board -Fire
Des Plaines cooperate with the Municipal
Act in question 41( by naming the "Fire and
eliminating any confusion that may result from
to eliminate and prevent future litigation in
Respectfully submitted,
FRANK M. OPEKA
City Attorney
The motion was made by Alderman Johnson and seconded by Lemke to instruct the City
Attorney to prepare an ordinance embracing the recommendations contained in the fore-
going opinion. The motion was voted upon by acclamation *hereupon the Mayor declared
the motion carried.
26
APPROVE PLAT OF MOUNT PROSPECT ROAD - PLAT #338: The Clerk then read
the following letter:
t
October 26, 1942
Mr. Edgar J. Friedrich, City Clerk
City Hall
Des Plaines, Illinois
Dear Sir:
Enclosed herewith please find a print showing dedication for highway pur-
poses of a section of Mount Prospect Road. Enclosed also are three copies
of a resolution approving the said dedication, to be submitted to the Mayor.
and City Cpuncil of Des Plaines.
Kindly submit this resolution to the ayor and City Council and return two
certified copies MX to this office when same is approved. This is necessary
in order that the plat may be recorded.
Very truly yours,
GEORGE A. QUINLAN
Supt. of Highways
as well as the proposed resolution attahhed thereto reading as follows:
RESOLUTION
A RESOLUTION APPROVING PLAT OF MOUNT PROSPECT ROAD, PLAT #338
Be IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF DES PLAINES,
COOK COUNTY, ILLINOIS, that the plat showing dedication of the proposed
Mount Prospect Road as submitted by the County Superintedent of Highways to
the Mayor and City Couhcil of the City of Des Plaines and.the same is hereby
in all respects approved, and
,BE IT FURTHER RESOLVED that a copy of this resolution signed and cert-
ified be forthwith forwarded to the Coundsy Superintendent of Highways and
'the Board of Commissioners of Cook County,
ATTEST:
Clerk of the City of Des Plaines
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
Mayor of the City of Des Plaines
•
I� , do hereby certify that I am the duly elected,
qualified and acting clerk for and in the City of Des. Plaines, Cook County,
Illinois.
I further certify that the above is a true and correct copy of a resolution
adopted by the Mayor and City Council of the City of Des Plaines at a special
meeting of said ouncil attended by the Mayor and Aldermen of said City and
that each and every Alderman voted in fa vor of the passage of said resolution.
I further certify that said resolution has been duly spread upon the -record
of proceedings of said Mayor and City Council of said City and that the
original is intrusted to my care and custody, and that I am the custodian of
said record of proceedings.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate
seal of said City this day of A.D. 194 •
CITY CLERK
(RESOLUTION - cont'd)
The motion was made by Alderman Johnson and seconded by Lemke to adopt this proposed
resolution. ,The Mayor put the question and the Clerk (balled the roll with the
follbwingr•resilt: yes; Aldermen Johnson, Pflughaupt, Dopheide, Friott, Lemke and
Campagna. Nays; None. The Mayor thereupon declared the motion carried and the said
resolution adopted.
GRANT CARNIVAL PERMIT: The Clerk then read the following letter:
Des Plaines, Illinois
October 26, 1942
Mayor Charles Garland
City Council
Dear Sirs:
We are again asking for your permission to have a carnival at Rand
Park June 28 to July 4th, 1942.
Enclosed you will find self addressed envelope and would appreciate
an answer by mail. Thanking you, I am
Sincerely yours,
JULIUS KRANZ
Ways and Means Chairman
AMERICAN LEGION POST 36
The motion was made by Alderman Campagna and seconded by Lemke that the said request
be granted. The motion was voted upon by acclamation whereupon the Mayor declared
the motion carried and the said request granted.
APPROVAL OF MINUTES: Each member of the 'douncil having been supplied a
copy of the minutes of the regular Council meeting held Monday, October 19, 1942,
the motion was made_by Alderman Dopheide and seconded by Lemke that the said min-
utes bd approved. The motion was voted upon by acclamation whereupon the Mayor
declared the motion carried and the said minutes approved.
APPROVAL OF BILLS: The Finance Committee through its chairman Alderman
Pflughaupt then introduced the following proposed resolution:
RESOLVED THAT THE FOLLOWING BILLS AND WAGES ARE DUE AND PAYABLE
AND THAT THE MAYOR AND CLERK BE AUTHORIZED TO ISSUE PROPER WAR-
RANTS IN PAYMENT OF SAME.
12884 Tele. Service & Tolls $ 138.50 12885
12886 City Clerk's Petty Cash 3.25 12887
12888 Des Plaines Agency,Inc. 3.00 12889
12890 Homer Coffman 55.00 12091
12892 Oscar "apes 25.00 12893
12894 Hess Tire " Battery Serv. 76.96 12895
12896 Frank Scharringhausen 36.15 12897
12898 Fred Huebner 30.00 12899
12900 Lagerhausen Lbr. & Coal 4.77 12901
12902 H. Kenaicott 4.80 12903
12904 Socony-vacuum Oil Co. 4.59 12905
12906 Mike Mihalo 32.40 12907
12908 C.&N.W. Railway Co. .30 12909
12910 Earl Warnicke 20.00 12911
12912 James B. Clow ec Sons 24.53 12913
12914 P.H. Money 2.04 12915
12916 Mrs. J.M. Colas 5.00 12917
12918 Brd.Trust.Police Pens.Fd. 55.75 12919
Public Serv. Co.
D.P. Journal,Inc.
Arthur Hintz -
Robert Steckbauer
W.S. Darley & Co.
Nagle Sales 'c Service
Arthur Rieck
Mike Mihalo
Frank M. Opeka:
A -W Equipment do.
Fred Huebner
Earl Warnicke
Socony-Vacuum Oil 6o.
Math Okus
City `clerk's Petty
S1gward Engh
F.T. Lind
Brd.Trust.Fire Pens.Fd.
$ 1,706.78
49.30
55.00
50.42
20.23
8.18
14.40
34.80
4.48
2.13
37.20
7.50
15.30
12.00
Cash 20.04
2.85
2.08
5.35
27
The motion was made by Alderman Pflughaupt and seconded by Johnson to adopt this pro-
posed resolution. The Mayor put the question and the Clerk called the roll with the
following result: Ayes; Aldermen, Johnson, Pflughaupt, Dopheide, Friott, Lemke and
Campagna. Nays; None. The Mayor thereupon declared the motion carried and the said
resolution adopted.
ADJOURNMENT: The motion was made by Alderman Lemke and seconded by Johnson that the
meeting adjounn. The motion was voted upon by acclamation whe a he Mayor declared the
motion carried and the Council regularly adjourned.
.
EDGEDRICH, City Clerk