April 21, 2004
The meeting was called to order by President Pro Tem, Cayce Baxley
The Pledge of Allegiance was said.
President Pro Tem Baxley shared a piece she heard on the radio with Council – The evening before the fighting Abraham Lincoln’s officers came to him and asked to let them pray that God is on their side. Mr. Lincoln said no, he would not let them pray that God is on our side but would pray that we are on God’s side.
Roll Call: Thompson, Baxley, Fertig, Herndon, Maloney, Stasny
On the topic of Rule 20 and calling to seek the Solicitor’s advice, Solicitor Lemire said that if someone calls to ask his opinion such as” what do you think about this?” there is no legal reason he can not respond or give advice on the phone. Solicitor Lemire said preventative, legal services, is really what it’s all about, and Council should have the right to call their lawyer. . The Solicitor told Council that to keep everyone informed, when he receives a call asking for his opinion either by phone or e-mail, his response will be directed to all of Council. If it is a request for a legal opinion, it should be in writing, It doesn’t have to be fancy, an e-mail would do. From a financial point of view, Council is paying for 20 hours a month, whether you use it or not; if you go over 20 hours then it’s $150 an hour. At this time Solicitor Lemere said there is no problem of over use. A lot of research and review of issues uses up time, but as a rule there is not a problem of maxing-out and overspending on your lawyer,
Rule 20 (changes and Chapter 234.02 (changes):
Council members may request additional formal, legal opinions from the solicitor by way of written or electronic form. All Council members shall be provided a copy of the Solicitor’s Formal Legal Opinion so requested, along with a copy of the written or electronic request for same.
The Solicitor may be contacted by members of Council for legal advice pertaining to Village business by telephone or other means as needed
Council of the Whole asked to have an ordinance with the changes at the May 3rd Council meeting.
Motion by Stasny to adjourn
2nd
Roll: All yea, motion carried.
Meeting adjourned 7:52 p.m.