===== PDF PAGE 6 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO - 475 Main Street CITY COUNCIL MINUTES Regular Meeting May 5, 2025 1. Call to Order. Mayor Pro Tem Joe Morano called the meeting to order at 7:00 p.m. on May 5, 2025. 2. Pledge of Allegiance. Alderman Brown led all in the Pledge of Allegiance. 3. Roll Call and Establishment of a Quorum. A timely and proper request to attend remotely was received from Aldermen Birch Ferguson. There was no objection from the City Council. Roll call found Dan Beebe, Sandy Dimas, Rebecca Stout, Melissa Birch Ferguson. Heather Brown, Alton Hallett, Joseph C. Morano, Jayme Sheahan, Christine Dettmann, Christopher Swiatek, John Smith, Jr. and John F. Banas were present. Also in attendance were City Administrator Michael Guttman, Assistant City Administrator Tia Messino, Finance Director Nikki Giles, Business & Community Relations Director Kelley Chrisse, Community Development Director Tom Dabareiner, Public Works Director Mehul Patel, and City Attorney Patrick Bond. Alderman Morano stated that he believed the incoming Mayor might have already selected pre- appointed positions he just wanted to allow the City Attorney to go over that with them. Attorney Bond said there was a question whether the incoming Mayor has the appointment power to fill in certain offices including the city administrator, city attorney and police chief. Attorney Bond indicated that he does, but it has to be on the agenda for him to do that according to the Open Meetings Act and with the advice and consent of the majority of the City Council. The City Code does not detail any basis to have an interim appointment for any of those three positions, which are specifically provided by State Statute as well as by City Code. There is no temporary appointment power. Attorney Bond concluded by sharing that there is a provision under Illinois law that any individuals who are not re-appointed remain in their positions until they are removed or replaced using the procedure he described and until their successor is duly sworn in and appointed. 4. Public Participation. None 5. Acceptance of the Official Canvas for the April 1, 2025 Consolidated Election. Alderman Brown made a motion, seconded by Alderman Swiatek to approve the Official Canvas for the April 1, 2025 Consolidated Election. Voting Aye by Voice Vote: Beebe, Stout, Birch Ferguson, Dimas, Brown, Hallett, Morano, Sheahan, Dettmann, Swiatek, Smith, Jr., and Banas. Motion carried. ===== PDF PAGE 7 ===== [Extraction: OCR (rendered-page OCR)] City of West Chicago Regular City Council Meeting May 5, 2025 Page 2 6. Qualifying the Newly Elected Officials. Ward 1 — Julieta Alcantar-Garcia Ward 2 — Heather Brown Ward 3 — Denise Carreto-Munoz Ward 4 - Sandy Dimas Ward 5 — Christopher Swiatek Ward 6 — Carlos Avifia Soto e Ward 7 —- Matthew Myers e Mayor — Daniel Bovey Mayor Pro Tem Morano asked if any of the Aldermen had any reason to believe that any of the newly elected officials were unqualified for their offices. No Aldermen raised any concerns. 7. Administration of the Oath of Office for Newly Elected Officials e Ward 1 — Julieta Alcantar-Garcia e Ward 2 — Heather Brown e Ward 3 - Denise Carreto-Munoz e Ward 4- Sandy Dimas e Ward 5 — Christopher Swiatek e Ward 6 - Carlos Avifia Soto e Ward 7 — Matthew Myers e Mayor — Daniel Bovey Judge Bonnie Wheaton performed the swearing in of the Aldermen in English, and the Mayor in both English and Spanish. Mayor Bovey reflected on how his childhood train trips fostered a strong sense of community and used that memory to emphasize the importance of unity in West Chicago. He posed the question “What unites us?”, arguing that while society is often polarized and disillusioned with democracy, there's hope in local engagement and shared values. He described how speaking directly with residents restored his faith in democracy, as the local issues they care about—like trash pickup or building permits—are deeply personal and bring people together. Bovey acknowledged the imperfections of the system, but stressed that democracy is rooted in listening, compassion, and common goals. He highlighted that what truly binds the community isn’t culture, language, or political views, but a shared desire for liberty, opportunity, safety, and care for one another. He closed by pledging to serve all residents—supporters and critics alike—and called on everyone to work together for a better future. Mayor Bovey stated he wanted to pull items 8 and 9 from the agenda and said he would not entertain any motion regarding agenda items 8 and 9. Alderman Brown raised a Point of Order and that these items are on the agenda for action by the City Council and that it is illegal foe them to be pulled. Alderman Morano, Smith Jr., Dimas, Sheahan, Stout, Hallett, Swiatek, Birch Ferguson and Beebe concurred with Alderman Brown. ===== PDF PAGE 8 ===== [Extraction: OCR (rendered-page OCR)] City of West Chicago Regular City Council Meeting May 5, 2025 Page 3 Alderman Smith Jr., requested a legal analysis from the Attorney Bond. Mayor Bovey requested two legal analyses: one from Attorney Bond and another from Jeff Jacobson. Attorney Patrick Bond stated that for an item to be pulled from the agenda, it would require a motion to table it to a specific or certain date and noted that such a motion would not be debatable. Attorney Jacobson stated that since the Mayor creates the agenda, he has the right to remove agenda items and that a motion to table wouldn’t be in order. Alderman Brown raised a Point of )rder and asked who Attorney Jacobson was. Mayor Bovey responded that he asked Attorney Jacobson to provide a legal opinion. Alderman Brown stated Attorney Jacobson is not the City Attorney, and therefore cannot provide a legal opinion. Alderman Morano stated City Council did not concur with Attorney Jacobson representing the City or the giving of his opinion. Mayor Bovey stated that was noted. He declared a vacancy in the Office of City Administrator. Aldermen Brown, Stout, Smith Jr., Morano, Beebe, Sheahan, Swiatek and Dimas raised Points of Order, that were not recognized. Mayor Bovey declared vacancies in the Office of Corporate Counsel and the Office of Police Chief. Aldermen Brown, Stout, Smith Jr., Morano, Beebe, Sheahan, Swiatek and Dimas raised Points of Order that were not recognized. Mayor Bovey appointed Colin Fleury as Interim Police Chief. He said he’s doing a great job, and Mayor Bovey told the Chief he needed to do his due diligence. Mayor Bovey will have a meeting with the Chief this week. Mayor Bovey said for the City Administrator position he is appointing Tia Messino, the current Assistant City Administrator to be interim. Mayor Bovey appointed Jeff Jacobson to be the Interim Corporate Counsel. He asked for all those people to take their places. Aldermen Brown, Stout, Smith Jr., Morano, Beebe, Sheahan, Swiatek and Dimas raised Points of Order. Alderman Swiatek stated this is not how City Council is run in that the City Council votes and hires and removes the employees in these positions. He said the current mayor may not know this, but the current Police Chief, City Administrator and City Attorney are still valid. Alderman Smith, Jr. stated that for removing or putting back someone in a position the mayor needs the concurrence of the city council to do that and he doesn’t think the Mayor has that authority to do it alone. ===== PDF PAGE 9 ===== [Extraction: OCR (rendered-page OCR)] City of West Chicago Regular City Council Meeting May 5, 2025 Page 4 Mayor Bovey responded that he agreed with Alderman Smith, Jr. in that if he was removing anyone from their positions, then he would require the City Council’s consent, but he said this is not that. He said the difference is that by state statute as well as by the West Chicago Code of Ordinances the terms of these three positions terminate at the end of the current City administration and so those contracts are up as soon as he’s sworn in. That is why he’s able to declare a vacancy and that he’s not removing them from their position or revoking their contract as their contracts were void from the moment he took Office. Mayor Bovey said he hears what the Aldermen are saying and that he really wanted to meet with all of them and that’s why he made such an effort to reach out to them, at least three times to meet. He didn’t want to have to do this as a surprise, but he does feel he’s bound and responsible to the people who voted him into Office. As the Chief Executive Officer, that is his position and for him to fail to act in that capacity would be to let down the people who voted and voted quite clearly that they wanted a change so he’s very appreciative of Mr. Guttman’s 27 years of service. He stated that when a new administration comes in, they are allowed to bring in new officials. He said that is done with the consent and advice of the Aldermen which is why he’s beginning a search for a new City Administrator and is inviting all of the Aldermen to begin communicating with him so that they can get together and chose that person. He’s inviting all of them to respond to his phone calls and emails and meet with him so that they can find the right person to be the permanent Corporate Counsel of West Chicago. He would greatly value their input in determining whether to continue the contract of the Police Chief, which he wants to do, but he can’t work with the Aldermen if they don’t return his phone calls. Alderman Dimas requested clarification from the current city attorney of what Mayor Bovey stated. Mayor Bovey asked Attorney Jacobson to respond. Attorney Jacobson said the law is quite clear and it states that those offices being replaced last only until the current mayor is in office. So when the City Administrator's contract was enacted the contract specifically states that the moment there’s a new mayor that’s when the contract, ends. So the current mayor now has the right to appoint those three positions the moment he was sworn in. Mayor Bovey asked Attorney Bond to provide a response too. Attorney Bond said those positions don’t automatically become vacant upon the expiration of time, which Attorney Jacobson indicated. The Code is very clear in both the incidents of the Mayor’s powers that he has the power to appoint and remove with the advice and consent of the City Council. He stated the City is a home-rule community and Mr. Guttman’s contract specifically authorizes the use of that authority. Any ordinance or resolution enacted by a home-rule unit of government supersedes any Statute. The law does not provide that there is a vacancy in the office of the city administrator at the end of a term an, there’s no authority for such under the City Code and the same is true for the Corporate Counsel and Police Chief positions. Under the City Code, the Mayor does not have temporary appointment power unless an appointed municipal officer ceases to perform the duties or hold office by reason of death, permanent physical or mental disability, conviction of a disqualified crime, or a dismissal or abandonment of law. The advice and consent of the City Council is needed, and that is the bedrock of democracy. The mayor can neither remove an item from the agenda that was properly placed there nor does he have the authority to appoint people into positions without following the specific requirements of the West Chicago City Code. ===== PDF PAGE 10 ===== [Extraction: OCR (rendered-page OCR)] City of West Chicago Regular City Council Meeting May 5, 2025 Page 5 Mayor Bovey said that while he respects Attorney’s Bond’s opinion, he’s going to ask Attorney Jacobson to take Attorney’s place at this point. He also asked Ms. Messino to take Mr. Guttman’s place. Aldermen Brown raised a Point of Order. Alderman Brown asked to continue with Item 9 and continue with City business per Attorney Bond's legal findings that the current offices are not vacant. 8. Filing any Vacancy in Elected Offices. — This item was removed from the agenda by Mayor Bovey. 9. Resolution No. 25-R-0039 — A Resolution Affirming the Employment Agreement with Michael L. Guttman — City Administrator. — This item was removed from the agenda by Mayor Bovey. 10. City Council Meeting Minutes of April 21, 2025. Mayor Bovey asked if there are any changes or amendments to the April 21, 2025 City Council minutes. No changes or amendments were suggested so Mayor Bovey said that they were approved. Aldermen Brown and Stout raised Points of Order, indicating that this approval process is not how it works. Mayor Bovey responded that according to Robert's Rule of Order they are approved in this manner. There doesn’t need to be a motion on approving meeting minutes. 11. Corporate Disbursement Report. Alderman Myers made a motion, seconded by Alderman Avifia Soto to approve April 21, 2025, Corporate Disbursement Report in the amount of $747,601.04. Mayor Bovey asked Ms. Messino to please call the roll. Ms. Messino responded that it’s not clear that she is able to take that role due to differing legal opinions, and therefore she doesn’t believe she can do so. Mayor Bovey responded by saying he understood. Mayor Bovey then said he would call the roll. Voting Aye by Voice Vote: Beebe, Alcantar-Garcia, Carreto-Mufioz, Avifia Soto, Myers. Aldermen Brown, Sheahan, Hallett, Dimas, Birch Ferguson, Smith, Jr., Swiatek, Stout, and Morano abstained. Motion carried. Mayor Bovey wanted to close with a couple of things, saying that obviously this is a rough transition and he gets that. He stated that respects Attorney Bond’s opinion that it is not legal, but he has done his due diligence, he’s read the Code and State Statutes, he’s consulted with ===== PDF PAGE 11 ===== [Extraction: OCR (rendered-page OCR)] City of West Chicago Regular City Council Meeting May 5, 2025 Page 6 many attorneys and what was done is legal and how our system works. He added that an attempt to pass a contract for a city administrator, for the chief of police, or corporate counsel that extends past the end of the previous mayor's administration is an illegal contract. So the four months’ notice clause in the City Administrator's contract was not a legal clause which renders that contract void. Mayor Bovey asked Attorney Jacobson to spell out the differences between removing an administrator and a contract that has ended at the end of the previous Mayor's term. Attorney Jacobson said that’s the Statute that those three positions are not allowed to extend passed the current mayor's term. Any other employee contracts can last longer, just not those three. Alderman Beebe raised a Point of Order. He said that although he agrees that certain contracts do not extend beyond the current Mayor’s term, he does not see where he can appoint anybody to those positions alone. So now we currently do not have a city administrator, potentially no police chief, because he removed them from office, and we potentially don’t have a city attorney, because he cannot make appointments. Mayor Bovey responded that we do have an interim police chief, interim corporate counsel, and interim city administrator who will continue to carry out their duties as they have. In response to the question whether the Mayor has the power to appoint an interim Alderman Beebe is correct. The Municipal Code does not speak to that so one has to go to the State Statute and in one of the letters provided, it points out the procedures for filling a vacancy in office. The Mayor can determine whether a vacancy exists in the offices of the city administrator, chief of police and corporate counsel. If there is or could be a vacancy during the passage of time or contract date, the Mayor may declare a position vacant. The Mayor may remove an official appointed by the Mayor, however the Mayor must report the reason for the removal to the City Council. Alderman Beebe asked Mayor Bovey what the reason for removal was because that should be stated. Mayor Bovey said that their contract was up. It was not a removal. Under Illinois Statute and our West Chicago City Code, as of 20, 30 minutes ago when he was sworn in we did not have a contract with those three individuals. He clarified that the declaration of a vacancy is not the same as a removal. That is why it does not require Council approval. What he needs the City Council's advice and consent on is appointing a permanent person for that role. That’s why he has requested to meet with the Aldermen and most refused to do so. Alderman Brown asked if they could vote right now. Mayor Bovey said no, and said that an attempt was made to circumvent the statutory authority of the Mayor by putting in the City Administrator's contract a clause that he had to be notified four months before any non-renewal of his contract. He mentioned four months ago was January, and he wasn’t the Mayor then. That handcuffs the Mayor by creating a contract which extends passed the inception of the new administration and so that is illegal and why the contract is now void. He’s very willing to meet with all of them as he has been, and he hopes everyone is now willing to meet with him. 12. Adjournment. ===== PDF PAGE 12 ===== [Extraction: OCR (rendered-page OCR)] City of West Chicago Regular City Council Meeting May 5, 2025 Page 7 Mayor Bovey said he would entertain a motion to adjourn. Alderman Morano made a motion to approve item 9, which was seconded by Alderman Brown. At 7:54 p.m., Alderman Myers made a motion to adjourn. Mayor Bovey said item 9 has been dealt with. Alderman Alcantar-Garcia seconded the motion to adjourn. Alderman Brown made a motion to move into Executive Session, which was seconded by Alderman Swiatek. Mayor Bovey stated he did not want to go into Executive Session as he believed the people present deserved to know what’s going on. Voting Aye by Roll Call: Alcantar-Garcia, Carreto-Mufioz, Avifia Soto, and Myers. Voting Nay: Beebe, Brown, Sheahan, Hallett, Dimas, Birch Ferguson, Smith, Jr., Swiatek, Stout, and Morano. Motion failed. Mayor Bovey stated they needed specific language on the agenda to go into Executive Session under what Code, which isn’t present, so they can’t vote on that. At 7:57 p.m., Alderman Myers made a motion, seconded by Alderman Carreto-Mufioz to adjourn. Voting Aye by Roll Call: Alcantar-Garcia, Carreto-Mufioz, Avifia Soto, and Myers. Voting Nay: Beebe, Brown, Sheahan, Hallett, Dimas, Birch Ferguson, Smith, Jr., Swiatek, Stout, and Morano. Motion Failed. Mayor Bovey said he had more prepared remarks. As a City we have been put together as a community and there’s democratic processes that unite us so they may disagree like they are doing right now about the reading of that law specifically about whether the mayor has the ability to declare a vacancy, but he respects all of them and their opinions. He knows they’re sincere in their beliefs on that. He trusts that they also respect his sincerity and his diligence in spending many hours speaking with multiple attorneys. So he didn’t go into it lightly or without thought. He said there’s a little bit of a stalemate and he wants to end the meeting. He said that he understands that they want to reappoint Mr. Guttman as their City Administrator, but that would clearly not involve his role as a Mayor. He said what they’re trying to do is take the statutory authority of the Mayor, and that is illegal. He feels completely convinced that he’s accountable to the 26,000 residents to ensure that we follow the City Code, which states that it is the Mayor’s duty to see that all laws and ordinances are faithfully executed. To appoint and remove, with the advice and consent of the City Council, the City Administrator, the Chief of Police and the Corporation Counsel. He said what they are trying to do is divest him from that process. He will not let them take that right away from the Office of the Mayor. At 8:05 p.m., Alderman Avifia Soto made a motion, seconded by Alderman Alcantar-Garcia to adjourn. Voting Aye by Roll Call: Beebe, Alcantar-Garcia, Carreto-Mufioz, Avifia Soto, and Myers. Voting Nay: Brown, Sheahan, Hallett, Dimas, Birch Ferguson, Smith, Jr., Swiatek, Stout, and Morano. Motion failed. ===== PDF PAGE 13 ===== [Extraction: OCR (rendered-page OCR)] City of West Chicago Regular City Council Meeting May 5, 2025 Page 8 Mayor Bovey said he would not entertain a motion on Items 8 or 9. He asked if there was anything else anyone would like to make a motion on. Alderman Smith said that he disagrees with what Mayor Bovey has done here, regarding the City Attorney, City Administrator and Police Chief, but asked Mayor Bovey if he agreed that for any future appointments he makes he needs advice and consent from the City Council. Mayor Bovey responded he needs advice and consent from the Council to hire a permanent City Administrator Chief of Police and Corporate Counsel. He needs and wants their advice and consent. He has heard that there’s a great team of people on staff, and he’s confident that Ms. Messino will keep the ship headed in the right direction while we work to find our next City Administrator. He reiterated that he wants to do that with the City Council and that’s why he tried calling them, but they refused to respond to him, which is why he had to do it this way. He said he will not consent to an end run that strips his statutory authority as Mayor. He said the only reason why the State Statute allows a corporate authority to appoint interims is so the ship does not go down in the transition period. Alderman Dimas said she’s unclear because there are two attorneys saying two different things. Therefore she can’t vote one way or another until she has clear understanding. Mayor Bovey said he understands that because when he was talking to attorneys there were points where they disagreed. He mentioned he has a third voice, Attorney Konewko who was formerly the Administrative Adjudicator for the City of West Chicago. Attorney Konewko agrees with Attorney Jacobson’s interpretation. Mayor Bovey said he’s not asking anyone to vote on anything. He has the statutory authority to appoint any temporary interim person to fill those roles. Alderman Beebe said with both attorneys present, he wanted to know how long an interim can stay in office without the consent of the Council. He said if it's an extended period of time, it takes away the authority of the City Council in both State law and the City Code. Mayor Bovey said that’s a fair question because he agrees that someone cannot just bring someone in as an interim and just keep them. Attorney Jacobson said an interim can’t be made a four-year person. Attorney Bond stated that there is no authority under Illinois law for there to be an interim appointment. Mayor Bovey said there are two excellent attorneys with different opinions and going back and forth is not going to be helpful. He then stated to the City Council that if the only item they are willing to bring a motion on is item 9, he will not bring that one and that he will talk all night. He then said that we need to end at 9:30 p.m. as detailed in the Code. Alderman Brown said they also have item 8 to discuss and that all the elected officials are elected by the people and should have a right to the vote, and that the Mayor is tie breaker on those votes. ===== PDF PAGE 14 ===== [Extraction: OCR (rendered-page OCR)] City of West Chicago Regular City Council Meeting May 5, 2025 Page 9 Mayor Bovey they can’t bring another motion on something that is not on the agenda or on items that have been removed. He said if they want to discuss something they can, but there are people present who would like to leave. He reminded everyone that if someone feels like the system is broken, then they should get involved and not just by voting every four years, especially if they feel strongly that those who have been elected are not representing them well. He thanked those for being present. He mentioned that everyone cares about this community and wants a better place for our kids. He said they had two more hours before the meeting had to end. He said by voting to adjourn they’re not agreeing that what he’s doing is right. Alderman Avifia Soto asked the reason(s) from those that are challenging Mayor Bovey’s decision on why they want to renew the City Administrator's agreement. Mayor Bovey said he would like to hear the rationale why they would like to do that without his input because he’s not trying to do something without them. He’s trying to prevent them from doing something without him. He wants to do it together, and if they can present a coherent argument of why the City Council should push thru the City Administrator's contract without any input from the Mayor whose role is to appoint the City Administrator, then he’d like to hear that. Alderman Beebe said the doesn’t think anyone here is trying to deny you the right as Mayor to make appointments to the City Administrator, Corporation Counsel and Chief of Police positions. What he is questioning, and he’s not speaking for anyone else, is that how can this be done in a way that doesn’t harm the way the City functions, how we can pass the knowledge from those that have been doing this for years/decades on to those who take those positions in the future whoever he chooses to appoint with their consent. He does interpret that those contracts cannot extend beyond the term of the current Mayor or greater than four years. He feels the Mayor is doing an end round of round of the Council authority by removing these officers, as the law is pretty clear that removal requires the advice and consent of the City Council. He feels the Mayor is not working in good faith with the Council at this point in time. He suggested that Mayor Bovey delay his decisions to the next meeting. Mayor Bovey responded by saying that when he was elected he didn’t get a customary call congratulating him. He said he reached out to the previous Mayor and Aldermen in good faith. Some of them did talk to him. That's why he doesn’t understand why he’s being told he’s not doing this in good faith. He said they are responsible to the voters not to him. He asked that they respect his wishes which is customary in any municipality to change the course of his administration as outlined in the Municipal Code and that’s three people. He said that Mr. Guttman has run the City for a very long time, but he’s not the person he’s choosing to help his new administration. He has respect for Ms. Messino and doesn't feel things will fall part with her running it. So as the Chief Executive Officer, it seems fair to him that he should be able to say he’s going a different direction. Alderman Smith suggested that we look to a higher authority for guidance, especially with the two differing legal opinions. He doesn’t feel it’s going to be adjudicated here. He has been through four mayors and four different transitions going back to 1991 and has never seen anything like this. He doesn’t feel things have been done right. If there’s a way to get this looked at by someone totally objective in a court of law. Mayor Bovey responded that it is ultimately the people to whom we are responsible to and yes the courts are a remedy. He said he has been researching this for quite some time and is not asking the Aldermen to agree with him, and courts are certainly a way his opinion on this can be ===== PDF PAGE 15 ===== [Extraction: OCR (rendered-page OCR)] City of West Chicago Regular City Council Meeting May 5, 2025 Page 10 overturned. He said that he hopes that it doesn’t go that direction, because it will be an expense to the city. He feels compelled by the 2,200 conversations with families that they wanted him to bring change and use his legal power to do that. Alderman Dimas said she couldn't meet with the Mayor because of scheduled commitments, however she also wasn’t sure if he was going to be Mayor. She feels that is the reason why the other Aldermen might not have met with him. She doesn’t disagree that the Mayor should choose who he wants to lead the City, but only with the City Council's input. Alderman Avifia Soto said he disagreed with Alderman Dimas because Mayor Bovey was not the only one who tried to reach out. He tried to reach out and none of them responded to his email(s). He said they are not responding to the residents, Mayor Bovey or himself. Mayor Bovey said he felt the frustration and anger expressed when they were going through the agenda, and that’s the frustration and anger that he was hearing from the citizens with whom they talked. They were saying they need change and the City is not listening to them. Also that City Hall is not helping and is not friendly. The residents don’t want to keep the momentum going like the previous Mayor said. They want a change. City Administrator Guttman spoke and said that he disagrees with the decisions made tonight and that he also believes that he has certain contractual and statutory rights that he has to explore. That said, this isn’t going to be resolved tonight so, from his perspective, they should perhaps just look to adjourn and it will have to be taken up at another time and place. Mayor Bovey asked if they wanted to entertain a motion to adjourn. At 8:45 p.m., Aldermen Alcantar-Garcia made a motion to adjourn, which was seconded by Alderman Carreto-Mufioz. Voting Aye by Roll Call: Beebe, Alcantar-Garcia, Carreto-Mufioz, Avifia Soto, and Myers. Voting Nay: Brown, Sheahan, Hallett, Dimas, Birch Ferguson, Smith, Jr., Swiatek, Stout, and Morano. Motion failed. Mayor Bovey said he would still like to hear a rationale from those who are voting no. Alderman Brown reminded everyone that an elected official in West Chicago is not a full-time job, but a volunteer one. It is one that takes an incredible amount of effort for the job to be done well. She added that Mr. Guttman has received strong annual evaluations reflective of his job performance. Ever since she began, she has never heard one bad comment over the years of his job as city administrator especially when they have questions and they don’t know who to reach out to. She doesn’t only serve Ward 2, she also serves other people who call her. She makes sure she represents the people in the City of West Chicago. Michael Guttman has made sure she has the most knowledge information so she can respond to the constituents to the best of her ability. Mayor Bovey responded by saying that he chose to change administrators because the voters clearly wanted a different direction. He appreciates Alderman Brown's opinion of Mr. Guttman, and hopefully they will all have adequate opportunity to address their gratitude towards him. In government, it’s practice that a new executive comes in, they bring their own administration as they are allowed by the Municipal and State Codes. He read a section in the City Code about ===== PDF PAGE 16 ===== [Extraction: OCR (rendered-page OCR)] City of West Chicago Regular City Council Meeting May 5, 2025 Page 11 the City Administrator's appointment. He said it’s the Chief Executive Officer’s ability and right to appoint someone for his or her administration. Attorney Jacobson cited state law where it says a contract cannot exceed the term of the present mayor. Mayor Bovey said it’s in both the State and City Codes. He said yes we are home-rule, but that doesn’t mean we can violate State law. Alderman Myers said while he doesn’t doubt that Mr. Guttman has done an amazing job and he’s received high marks from all the Aldermen that were here before, he did not go through that process of reviewing him since he just got here about an hour and half ago so he doesn’t have any information to advise and consent for his appointment tonight. He thinks the process they’re going through right now is pretty logical. There’s a vacancy, Mayor Bovey appointed an interim City Administrator and if Mr. Guttman would like to apply for the job it will be open. Then they can give their advice and consent at that time for a new City Administrator. Mayor Bovey said he is still waiting on a rationale for voting on this though the newly elected Mayor is explicitly asking you not to. He said it was brought up that this is not how it usually goes and he gets that and they can throw blame around 0 who it is that doesn’t help us any. This is where we are at. He said that he asked Alderman Morano to bump this back to the following meeting agenda because he didn’t want to make this decision within an hour of his appointment. The citizens have given him the responsibility as Mayor to set the new course for the City. Alderman Dimas said that she’s trying to decide the legality of any of this. She would suggest that everyone remains in their positions until the next City Council meeting when they can all hopefully have a time to speak with the Mayor and/or anyone else they need to talk to about the legality. She also said they should forego doing anything the Mayor would like to do tonight and postpone it until the next city council meeting. Mayor Bovey responded to Alderman Dimas that to him the process that led to the council approving the administrator's current contract is in question. He said that it is an illegal contract and if he acquiesced to what is being asked of him, then he would be acquiescing to something he thinks is illegal. He said as the Chief Executive Officer of the City, he believes he’s responsible for what the Code says he needs to do and that’s on him if he doesn't. Alderman Brown said she understands where Mayor Bovey is coming from and Aldermen Avifia Soto but she would like to address the fact that deep down within her heart there are two opposing attorneys and personally don’t want as a City to be wasting more money in court for potentially being wrong. As Aldermen, they want what's best for the City and for their constituents, but they don’t want to waste money if they don’t have to. If they can postpone it for two weeks, Mr. Guttman can also be helping someone else learn how to do the position instead of just saying you want to get rid of him. That’s her thought process and how she would be able to agree with extending to the 19° and make sure the legality does not end them up in court. Mayor Bovey responded by asking what she meant by the City spending a lot of money. Going back to something Alderman Dimas said about not responding to him because they didn’t know if he was going to be Mayor it rings a little hollow because all of them as incoming people ===== PDF PAGE 17 ===== [Extraction: OCR (rendered-page OCR)] City of West Chicago Regular City Council Meeting May 5, 2025 Page 12 Aldermen Alcantar-Garcia, Carreto-Mufoz, Avifia Soto and Myers reach out to their counterparts and outgoing people asking them to work with them and work with them. The last meetings they all had with people asked them to be willing to listen. He heard that the outgoing people did not want to dialogue with them and that was the problem. It wasn’t our willingness to listen, it was your willingness to dialogue and to engage with them. He feels that was very unprofessional. He said his legal situation with the greenhouse is in the Appellate Court later this month. There’s no outstanding debt, as he went ahead and paid it anyways because he was concerned that there would be in attempt to prevent him from taking office if he didn’t. He paid the $20,000 so that it couldn’t be a tool that could be used against him. He doesn’t feel that was right before he had exhausted his legal remedies, but he felt he had to do it so it wouldn't cause the City go through more turmoil. He said that a lot of money has been spent on lawyers and the people don’t feel that money has been used to represent them. So if he needs to spend more money so the people he represents have a voice, then he’s going to do that. Mayor Bovey asked if they could agree to a ten-minute bathroom recess. At 9:09 p.m., Alderman Dimas made a motion to recess until 9:24; the motion was seconded by Alderman Avifia Soto. The motion passed unanimously by Voice Vote. After the recess, Mayor Bovey called the meeting to order. Mayor Bovey spoke about the expressed fear that the City would not have a City Administrator, Chief of Police, and Corporate Counsel and conveyed that the argument doesn’t hold water because if what he did is correct, there are interims in place. If what he did is not correct, then there are no vacancies. He conveyed that a part that is not agreed upon is that he earlier in the meeting declared the positions vacant, which he believes is statutory correct in addition to the power to appoint interims in those roles. He again asked for a response on why they are trying to push through a contract without him. Alderman Swiatek said that the agenda shows the items for which they can talk about and discuss, and that the declaration of vacancies and the interim appointments were not on the agenda for them to vote on. He doesn’t feel Mayor Bovey had the right to pull anything off of the agenda without having it go through a motion. Mayor Bovey responded by saying that he believes there’s some confusion as to when a motion is needed. A motion is needed when an item requires a vote, but not for the discussion they’re having at this time. The reason he did not need a motion was because it did not require a vote. Alderman Myers said to Alderman Swiatek’s point, the agenda was created by the previous Mayor and City Council. He was not there to provide input. He did receive the packet and what was on the agenda. So he finds it strange he comes in today and being asked to vote on something that was placed by the previous City Council. Mayor Bovey asked the remaining Aldermen how they are forcing four new people to vote on something that not only did they not get a chance to look at or have access to the documentation or the chance to research or look into. The agenda was forced on him and he asked for it to be changed. He asked if anyone can point out to something that says he cannot remove an item from the agenda. ===== PDF PAGE 18 ===== [Extraction: OCR (rendered-page OCR)] City of West Chicago Regular City Council Meeting May 5, 2025 Page 13 Alderman Dimas said the incoming Aldermen should have received a copy, if not they could have seen it on the website to see what was on the agenda and discuss those items prior to the meeting if they had questions. Alderman Myers responded by saying he did receive it in his email, but he doesn’t feel three days is enough to evaluate a contract for a City Administrator. Alderman Morano said if he’s hearing the new Aldermen correctly, they need more time to review this, so if they can table this to the next meeting to review it he feels that would be the compromise. Alderman Myers said that’s not the only issue. He said his strong feeling is that the Mayor should appoint a City Administrator and they should work together to build the West Chicago that the voters asked for. That’s the most important thing here. The other technicalities are not the main reason. Alderman Morano stated that they wanted to offer an option to the incoming City Council to be able to reaffirm a contract that was already in place, which has yielded different opinions from two attorneys. He still feels it should be moved to the next meeting and they might uncover some things that might be useful. Mayor Bovey responded by saying that he didn’t hear Attorney Bond say whether the contract can go past the end of the previous Mayor's term. Attorney Bond said that this issue has already been decided by a higher power and the Appellate Court supports that a contract can exceed past that term. The contract therefore is valid. Should the City Council want to remove the City Administrator, then there’s a provision in the Contract on how to do that and also should the City Administrator want to end the contract, he/she can do that. Mayor Bovey said he will have Attorney Jacobson clarify, but it’s pretty clear in both City Code and State Statute. Attorney Jacobson said that he agrees there’s a difference of opinion, but there is a case from Westmont, Illinois that states that home-rule doesn’t apply to these positions. He offered to provide that case information to them. Mayor Bovey said that’s the distinction that if Mayor Pineda had won, the contract would have continued. Alderman Morano asked Attorney Bond what would be the legal ramifications if Attorney Jacobson is incorrect. Mayor Bovey said he was not going to give the floor to Attorney Bond because he doesn’t recognize him as the City Attorney. Alderman Stout made a motion to table the issue. Mayor Bovey said he wasn’t entertaining that motion. ===== PDF PAGE 19 ===== [Extraction: OCR (rendered-page OCR)] City of West Chicago Regular City Council Meeting May 5, 2025 Page 14 Alderman Stout says that’s not debatable. Mayor Bovey said it wasn’t on the agenda. Alderman Stout said it didn’t have to be on the agenda. Mayor Bovey said that was not a valid motion because she did not state what her motion was, so he’s not recognizing it. He asked the interim City Attorney, Mr. Jacobson, to say if that was a valid motion. Attorney Jacobson said he doesn’t know what the motion was. It was just a motion to table. Alderman Brown made a motion to table item 9. Mayor Bovey said he’s not recognizing that motion and that Alderman Brown didn’t have the floor. He said one of the duties of the Mayor is to preside over the meetings. At 10:02 p.m., Alderman Myers made a motion, seconded by Alderman Alcantar-Garcia to adjourn. Voting Aye by Roll Call: Beebe, Alcantar-Garcia, Carreto-Mufioz, Avifia Soto, and Myers. Voting Nay: Brown, Sheahan, Hallett, Dimas, Birch Ferguson, Smith, Jr., Swiatek, Stout, and Morano. Motion failed. Mayor Bovey said that what he said stands. He still owes the community the change that they are requesting. The voters didn’t agree that there was no change needed. He said the remaining elected got the City upset and the incoming elected gave them an option. He asked Alderman Myers to pull up the voting results so they can be read to prove the voters asked for change. Alderman Swiatek said he sees four new Aldermen and one new Mayor, that was the change people were seeking; there were seven returning Aldermen and three re-elected Aldermen. There were no conversations on change for the city administrator, city attorney, or chief of police. Alderman Avifia Soto said the remaining elected are happy with the City Administrator, but he hasn’t worked with him. He wanted to know who’s been doing the duties of the City Administrator because he’s been doing more than he should be doing. Alderman Birch Ferguson left the meeting at 10:15 p.m. Alderman Brown said he’s doing double the work and not getting paid more. Alderman Myers read the voting results. He mentioned it was a great voter turnout, and he believes everyone should have a voice. Mayor Bovey said that was his point because they were all double-digit margins of victory. Alderman Smith, Jr. said the issue is not related to change, but that it is simply the mechanism used here to create vacancies and steal vacancies and the legality specifically. ===== PDF PAGE 20 ===== [Extraction: OCR (rendered-page OCR)] City of West Chicago Regular City Council Meeting May 5, 2025 Page 15 Mayor Bovey he understands that and respects that, but the reality is that he is confident he is correct, and if he’s wrong, he can be overturned. He says that the City Hall culture needs revamping, and therefore he can’t keep the same administration, except for the Chief. Alderman Dimas says Mayor Bovey is appointing Ms. Messino and Mr. Jacobson yet they still don't know if that is legal. Mayor Bovey asked Attorney Jacobson to respond. Attorney Jacobson said that Attorney Bond was relying on a home rule case that pertains to an IT contract, not these three positions. Alderman Morano asked if the meeting can be extended to May 19"? Mayor Bovey said at first that he would not entertain that. He then asked if that was a regularly scheduled meeting and talked to Attorney Jacobson. He then said that he stood corrected and he would love to have a motion to that effect. At 10:29 p.m., Alderman Morano made a motion, which was seconded by Alderman Alcantar- Garcia, to extend the meeting to May 19, 2025 at 7:00 p.m. Voting Aye by Voice Vote: Beebe, Brown, Sheahan, Hallett, Dimas, Smith, Jr., Swiatek, Stout, and Morano, Alcantar-Garcia, Carreto-Mufoz, Avifia Soto, and Myers. Respectfully Submitted, Valeria Perez Executive Office Manager