Rock Island County Litigation Committee addresses policy changes
The Rock Island County Litigation Committee met Jan. 9 to address policy changes.
Here are the meeting's minutes, as provided by the committee:
Litigation Committee Minutes Monday January 9, 2017 11:00 am OPEN SESSION
The Litigation Committee of the Rock Island County Board met at the above date and time in the Conference Room of the Administration Office on the second floor of the County Building, 1504 Third Ave, Rock Island, IL. Chair Pat Moreno called the meeting to order at 11:05 a.m. Minutes as follows:
1) Call to order and roll call
Committee members present: Pat Moreno, Don Johnston, Scott Terry, Mia Mayberry
Committee members absent: None
Others present: Jerry Clyde, Hayleigh Covella, Patricia Castro, Kathy Swett, Kenneth Maranda
2) Approval of the minutes from the December 14, 2016 meeting
Motion to approve: Scott Terry 2nd: Mia Mayberry Voice vote Motion carried
3) Public Comments
There were no public comments.
4) Closed session as per 5 ILCS 120/2(c) (11) – Litigation: when an action against,
affecting, or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent
Motion to enter into closed session: Mia Mayberry 2nd: Don Johnston Roll call: Moreno – yes; Johnston – yes; Terry – yes; Mayberry – yes The Litigation Committee entered into closed session at 11:06 a.m.
5) Enter into open session
Motion to enter into open session: Don Johnston 2nd: Scott Terry Voice vote The Litigation Committee entered into open session at 11:15 a.m.
6) Consider action as necessary based on closed session discussion
Motion to approve recommended authority on the Gajewski v. Puckett case: Don Johnston 2nd: Scott Terry Voice vote Motion carried
Mr. Terry thanked Ms. Castro and Ms. Swett for all their hard work on the Bradley case as well as everything they do every day.
Ms. Mayberry asked if the committee is going to discuss [the policy]. Mr. Maranda explained that in their last meeting, this was drafted up by Mr. Ross, he believes, and sent to the State’s Attorney for approval. He has talked to Ms. Castro, Ms. Swett, and Mr. McGehee about this. He just wants to say one thing. If they think this is going to lead into a lot of discussion, they probably need to have another meeting or something. Ms. Swett said they should probably table this. There are some things they need to chat about. Mr. Maranda said they’ll get another meeting together to discuss this.
Mr. Johnston noted, for the record, that he doesn’t think $5,000 or any amount should be approved without the authority of this committee. Mr. Maranda said maybe that needs to be put in there because there’s something that concurs with the State’s Attorney’s Office. Mr. Johnston explained that several months ago, almost a year ago, they went through this and Mr. Ross was going to draft something up. Then it died and was never mentioned again until what he’s looking at here. That’s been almost a year. Absent workman’s comp, which is another matter altogether, any amount of money that is approved by one individual that doesn’t at least have this committee’s knowledge of it beforehand is wrong.
Mr. Moreno asked if this something that has already been approved or is going to be approved. Mr. Maranda noted that this has been approved. Mr. Johnston said this has never been approved. Ms. Castro noted that it has an effective date. It appears as though it has been. Mr. Johnston said he remembers this distinctly. They can pull the minutes of when this was brought up. Mr. Ross was going to bring back a number. They talked about $2,500, $2,000, $5,000. It died and they were going to bring it back at the next meeting and it never came before this committee. He doesn’t think he’s missed one.
Mr. Maranda asked if it was in closed. Ms. Covella said she doesn’t remember if it was closed, but she did print the minutes for Mr. Maranda. Ms. Covella explained that it was approved as part of the policies that the whole board approved. Ms. Swett and Mr. Johnston said tucked into the whole manual, then. Mr. Moreno said then this committee didn’t approve it. It was the whole Board that approved it. Ms. Mayberry asked through which committee. Ms. Covella said she thinks it was through HR because it was the employee manual.
Ms. Mayberry asked if they are going to readdress this, then. Mr. Maranda said if it needs to be looked at and readdressed, then. Mr. Johnston said he moves to bring it up at the next Litigation Committee or whenever they want to do it. Mr. Terry said or GHA because they handle all the internal stuff. Ms. Mayberry said either GHA or Litigation. It seems more applicable to this committee to her. Ms. Swett noted that it specifically refers to this committee and its members in the policy, but it’s up to them. If they want another committee making decisions about what they do.Ms. Mayberry asked Mr. Moreno if he thinks it should come back to this committee. Mr. Johnston said he wants a voice in it. Ms. Castro explained that it speaks to the County Board’s process where they want to initiate that. Mr. Moreno said it’s up to this committee to vote on it, but he wants Ms. Castro’s and Ms. Swett’s opinions. Mr. Maranda said to leave it for discussion for the next Litigation Committee. They’ll discuss the policy and procedure.
Ms. Mayberry asked Ms. Castro and Ms. Swett if they have something coming up where they can coordinate that with this. Ms. Swett said they can. The committee can set it and if they have anything to add, they can get with Ms. Covella ahead of the posting deadline to add it.
Ms. Mayberry asked what the timeframe is on this. Mr. Maranda said there’s nothing coming.
Mr. Johnston said he wants this on the record: he’ll move that the $5,000, Section 3, County Administrator Authority, should be considered before it goes into effect by this committee as soon as possible. Ms. Mayberry asked if they can do that when it’s not on the agenda. Ms. Swett said it was on the list she gave Ms. Covella. She doesn’t know what happened. Mr. Maranda said he had her take it off after talking to Mr. McGehee. Mr. Moreno said they’ll table it until the next meeting.
Mr. Moreno asked if they can set another meeting for the 23rd. Ms. Castro said she won’t be here but if. the only thing she would ask of the committee is what role they want from the State’s Attorney’s Office. Mr. Terry explained that it’s a policy thing. After the committee approves it, it will go to the State’s Attorney’s Office. He doesn’t see why they have to be here. Ms. Castro agreed. She said if the committee has any questions ahead of time for them to consider, they are happy to assist. If the committee wants them to be part of that process, that’s what they’re here for. Mr. Moreno suggested letting the
committee decide and talk about it, then letting Ms. Castro and Ms. Swett look at it and yea or nay it.
Mr. Johnston said the only legal question is if they can. He knows they can forbid that or not offer it. Mr. Moreno said if they approve anything, they want them.
Ms. Mayberry asked for confirmation that the next meeting will be January 23rd. Mr. Moreno suggested 9:00. Everyone agreed.
Mr. Terry noted that since this is current policy, once they consult and come up with a way to change it, it would go to the Board to amend. Mr. Maranda said that’ll be February. They have time.
Mr. Johnston said maybe they ought to start reading all of these changes. He’s guilty of it. Stuff sneaks through. Mr. Moreno said he knows it didn’t come before this committee. Ms. Mayberry said it came before HR. Mr. Maranda noted that, like he said, it went over to the SAO too. Ms. Castro noted that there’s not a legal question. They can’t speak to procedure.
Meeting adjourned at 11:24 a.m. by Chair Pat Moreno.