Legal Battle Dominates City Council

In early November, I was asked to cover the Forum’s City Council column for Lynne Ingersoll. I cannot compare to the detail she writes regarding all the committees, so please bear with me. I will focus on highlights that I think will be informative for the community from the November 12th meeting.  

Present were Mayor Domingo Vargas, Clerk Randy Heuser, Treasurer Carmine Bilotto, Attorney Cary Horvath, and Aldermen Annette Alexander, Fred Bilotto, Raeann Cantelo-Zylman, Candace Carr, William Cazares, Kevin Donahue, Bill Fahrenwald, Tom Hawley, Johnny Hill, Dexter Johnson, James Klinker, Mike Mech, and Nancy Rita. Alecia Slattery was absent.

First, Mayor Vargas acknowledged Veteran’s Day because if not for the sacrifices made by them, none of us would be able to express our rights and have such a meeting as city council.

Early on, it seemed there was a possible setup of a snare when Ald. Donahue wanted to ensure that council rules be followed to a tee. City Attorney Horvath repeated this to be clear, “to a tee.” His tone was concerning and I thought this could come back to bite Donahue. It was like being mirandized – “Anything you say can and will be used against you …”

Ald. Fahrenwald requested an update on MetroSouth Hospital. Horvath explained a recent conversation between him, a rep from Quorum and MetroSouth’s CEO John Walsh, “The original proposed agreement was time-sensitive, which included a $2 million payment from Quorum and possible future control of the hospital by Blue Island, was completely off the table now. While Quorum still wants to engage with Blue Island for cooperation purposes … hands-on participation will not materialize because this council chose not to act.”

Fahrenwald was clearly miffed and stated, “The city council dithered away $2 million. Nice going. Plus, we have no control over the property.”

Donahue brought up Resolution 2019-033 (an independent investigation for the purchase of two Chevy Tahoes that Mayor Vargas was involved with last year and vetoed a previous attempt for said investigation). Vargas interjected that before he (Donahue) goes any further, he needs to hear from the city attorney.

Horvath slowly and methodically stated, “The matter according to city council rules, case law and the Open Meetings Act, which you placed on the agenda is not properly placed on the agenda and is in violation of the Open Meetings Act because it does not inform the public that you want to reconsider the resolution and the intention to move  to override the decision of the mayor to veto the resolution.”

Donahue responded that he did indeed send it in writing and made a motion to approve. Ald. Bilotto seconded it while Horvath said it was out of order. Donahue then made a motion to override the chair, Bilotto seconded it and was again told it was out of order.

Horvath said, “In accordance with these rules the motion should be reduced in writing and case law states that parliamentary rules, the proper acts need to be taken … it was not a proper subject for a legislative council to decide.”

Donahue stated this is business of the city council, not the city attorney and made a motion to override the rule of the chair. Horvath rehashed that it was out of order, needs to be in writing, it’s an attempt to avoid the rules and remember, “the rules were to be followed to a tee.” Donahue made a motion to suspend the rules, seconded by Bilotto. It was deemed out of order for not following rules. Bilotto made a motion to silence the attorney on the chair, seconded by Ald. Rita.

Fahrenwald wanted to move the meeting along, save the city money, and interjected. “This is not important enough and it’s a waste of time having two attorneys billing us over this nonsense. We just learned that the city decided to spend NO time taking a $2 million offer with no strings attached and would have given us six months to research and review the hospital with an option to purchase the property with another $3 million. We passed up potentially $5 million and we’re arguing over this? It will result in nothing new. This is political nonsense, this is vendetta against vendetta, lawyers against lawyers, spending money the city doesn’t have. I’m ashamed to be here.” 

Rita respectfully disagreed stating this was immoral and ethically wrong to purchase Tahoes without anyone knowing and getting a city discount. She asked, “Can you imagine if I did that, with my name? Are you kidding? The whole city council would be in an uproar!”

Vargas wanted to “make it clear that no city money was used.” Vargas said at least four times, “I’ve got all night.” I wondered if he packed a sleep-over kit ahead of time. He let the three aldermen know that he was disgusted with them. “This investigation has been handled by the Cook County State’s Attorney and FBI for a year and four months. So, if you want spend another $15,000 for the same results … it’s not your money, it’s the taxpayers,” he said.  

Photo by Pixabay

We’ve heard of political footballs but this would best be described as a political volleyball because it was getting passed back and forth between multiple players facing each other. Instead of a net, imagine a wall of stone that literally resulted in stonewalling. There were so many motions getting tossed back and forth, motion sickness was a possibility.

Every time Donahue brought up a motion, Vargas said, “You’re out of order.” This stalled Clerk Heuser to take a vote. Heuser was stuck in the middle with Horvath and Vargas holding one arm firmly and three aldermen trying to pull him to their side like a tug-of-war. Horvath reminded Donahue of his intention to “follow the rules to a tee” several times.

Throughout the tournament, Aldermen Johnson and Alexander looked downward with each folding their hands as if in prayer. Longtime community activist, Carol DiPace-Greene shouted, “WHERE’S THE POPCORN?!” I knew I was going to miss the beginning of my beloved NCIS New Orleans at 9:00.

Attorney Matt Ingersoll from Montana & Welch, LLC, representing the city council, approached the podium THREE TIMES to read rules from the Open Meetings Act. “With respect to the Open Meetings Act, you are entitled to suspend rules, the topic needs to appear on the agenda and the action needs to be germane to the topic.” He also became part of the game as he admitted he was repeating what he said before. The aldermen involved were lacking in legal skills, which Horvath and Vargas used as their trump card, hence the presence of Ingersoll.

It seemed that Donahue may have struck the stone wall too many times or maybe he was trying to kill with kindness when he stated to Horvath – “ I understand your advice, you’re a good attorney, for what it seems, I do like you, I think you’re a really good person, I really do. I’m not just trying to butter you up.” Horvath smiled. There were some chuckles. Rita seconded it with “And we really like your tie.” It added some much-needed comic relief. However, it wasn’t long before they were back to tossing the volleyball.

Bilotto may have also suffered a blow to the head from the stone wall when he was tripping over his exact words for Horvath. “Can a chair of a city, mayor, alderman, be overruled by any scenario and by what scenario can they be overruled?” He was trying a different approach but lacked the proper tools. At least a hammer was needed and the closest resemblance was the gavel that Vargas had, which was pounded a few times throughout.

However, Bilotto’s approach was working as he chipped away − “I’m asking the clerk to take a roll call to overrule the chair.” Horvath said, “There’s nothing to vote on.” Bilotto said, “That’s not what I’m asking. You keep giving your advice, which I respect but it is our meeting. It’s a state statute that the clerk is charged with taking a roll call. I was a clerk myself for four years and Clerk Heuser is an effective clerk and knows he has to take roll call.” Heuser indeed knew because he kept turning to Horvath who kept stating, it was out of order.

Stones were loosening and falling out of the stone wall as Horvath turned to Vargas and they quietly discussed. Heuser finally announced the motion to override the chair by Bilotto, seconded by Rita. Donahue moved to his original motion to override the mayor’s veto. Heuser called it as well, with both motions passing by a 10-to-3 vote. Fahrenwald, Hawley, and Johnson dissented. The stone wall crumbled.

The tournament lasted approximately 40 MINUTES. It has clearly set the stage for the playoffs in the coming year to prepare for the 2021 election.

This article was published in the December 2019 issue of the Blue Island Forum newspaper.

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