Mount Pulaski City Council discusses mayoral and water issues

[April 26, 2018] 

MOUNT PULASKI 

The Mount Pulaski City Council met on Tuesday, April 24, 2018 and discussed many items on the agenda. Primarily of importance were those issues involving the now former Mayor Jim Cole and the city's water issues.

With Mayor Pro Tem Darrell Knauer absent, and new City Attorney Jordan Klein present, Joyce Maxheimer served as the mayor pro tem for the evening.

After review of the usual business matters, Mayor Pro Tem Maxheimer said, "Okay we move on to the mayor's resignation."

There was a moment of unplanned silence.

Alderman Matt Bobell said to the city attorney, "Jordan, would you like to... (pause)."

Maxheimer chimed in, "Would you like to address that?"

Jordan Klein nodded and said, "Sure. I received via fax yesterday at 4:14 p.m. an unconditional resignation of former Mayor Jim Cole effective immediately upon receipt. I believe I had forwarded a copy of that to everybody."

Klein then asked the members if they had received the copy. Council members acknowledged with a nod. Klein continued, "I believe at that point then that becomes effective immediately,"

Worthy to note here, Mayor Cole had turned in his resignation on April 10th, just the day before the last voting session of the council. His letter included specific conditions, which were not in the best interest of the city of Mount Pulaski to accept. The council voted to table the matter to allow time to consult with the city attorney hired on that evening.

Klein continued, "I think then it would behoove the council to consider this resignation received and accepted as of yesterday's date (April 23, 2018) and I would recommend that the council deem the prior resignation that was received as withdrawn."

After another moment of silence, Klein said, "Meaning no action taken on it."

Bobell repeated those words of Klein. Then Alderman Andrew Neaville asked, "Can we take action just in case?"

Klein answered. "I think if the council is interested in putting something on record I would suggest that the council find that the prior resignation was simply withdrawn by virtue of the new superseding resignation, which is effective as of yesterday."

Bobell made a motion to accept the current resignation. The motion was seconded. All others said, "I."

Klein noted that the council then needed to recognize there is a vacancy in the position of mayor. The city of Mount Pulaski will need to file this information with the Logan County Board of Elections, in anticipation of getting a new mayor.

But there is still the issue of deciding on what actions should be taken on the former mayor, Jim Cole. The council discussed this item on the agenda, with Neaville speaking up first. "I've given this a lot of thought. I think the best way that we can handle this is, and with the council's approval I will make a motion for this in a second, I would just like to notify the Logan County State's Attorney of the situation and if any charges are brought, it's up to him to decide that, but I don't believe that's the council's decision to press those charges."

Klein clarified the situation. "To be clear, Andrew, I think what you are saying is the decision to press charges is not something that's in the purview of the city council, is that right?"

"Well put, yes," said Neaville.

Neaville was seeking the city council's approval to fill the state's attorney's office in on the situation and leave it up to him to file charges.

A motion was made, but not seconded, and there was a pause. Bobell spoke up and said, "Usually there is discussion before the vote. I don't feel that this is the best thing to do. You know, it's been in the papers, it's been in the news, and if the state's attorney's office wants to pursue that then they have that information out there for them. That's just my take on it."

Neaville said, "I mostly agree. However, I never want it to be said that we didn't do our responsibility in notifying them, and that's the only way. Do I want criminal charges to be brought against Jim? In short, no. I am going to express that concern to the state's attorney. However, I just want to fulfill our obligations in doing so."

"That's a point well-taken," said Bobell.

The Mount Pulaski City Council met on Tuesday, April 24th with Joyce Maxheimer acting as Mayor Pro Tem. 

Klein spoke up and said he would offer legal input on the issue but he was not prepared to make a decision or provide counsel on the matter at the moment. Klein offered that he would be happy to discuss the issue further before taking a vote on it. His advice was to table the motion for now.

There was then some discussion on how to handle the situation with the state's attorney. Mayor Pro Tem Maxheimer finally said, "At this time we will table Andrew's motion and the second, and our attorney will follow up on that."

Next there was the small issue on the agenda of "Nominate and vote on an acting or pro-tem mayor." Maxheimer noted that Darrell Knauer was still the mayor pro tem and that she was just filling in for him this evening.

City Clerk Kelly Cowan noted that Knauer had put the discussion of nominating and voting on an acting or pro-tem mayor on the agenda for the meeting.

The rest of the council members wanted clarification and further discussion on the matter. In a nutshell, they learned via Klein that there are 28 more months remaining in the term of mayor. But the mayor's position can be filled at the next general election. However, there is the issue of what happens in the meantime. Klein spoke with a representative from the Logan County Election Board and that next general election would be in April of 2019.

"So between now and then we need somebody to act as mayor," said Klein. No one raised their hand.

Following further explanation of how the Logan County Board of Elections works, Klein stated, "The next possible time that the county would allow an election for a four-year term mayor would be April of 2019."

Finally, Klein told the council it was his understanding that one of the current council members would have to be chosen to be the acting mayor. There are many issues involved in the difference between acting mayor and mayor pro tem and the council wanted to discuss those matters.

In reference to acting mayor, Klein said, "So it's basically going to be whether or not you want to resign your alderman position or not. If you resign your alderman position and you assume the rights and responsibilities and powers to exercise the mayor including veto and voting as a mayor, you basically become the mayor until the election. At the time of the election, the new mayor is sworn into office and then you are done. You don't become an alderman anymore if there's time remaining on your term."

The issue at hand is really how much power do you want. If you are acting mayor, once that job is over then you step away as alderman as well.

A Mayor Pro Tem would get the power of mayor but vote as an alderman. "Once the newly elected mayor is sworn in, you would return to your remaining term as an alderman if such term exists or remains," said Klein.

Maxheimer suggested waiting until the next meeting to decide this issue. Klein noted that was fine because the city council has 30 days to elect an acting mayor. An acting mayor does have to be elected and Klein reiterated that person has to come from one of the city council members.

There will be more discussion in the future on the mayoral issue. The council put the matter on the agenda for the next meeting.

The proper procedure to fill the newly vacated alderman's position would also be followed in the future.

As far as the city's water issue, it appears more input from citizens would be welcome. Only 20 people turned in the survey. Of the 20 people surveyed, 65 percent voted for the co-op and 95 percent voted for not selling the city's water system. It is suggested if you want a voice in the matter, contact your alderman or alderwoman. They are open to your opinions.

The city council also recognized the great job done by the Mount Pulaski High School Student Council in cleaning up the town square and painting the flower pots. In recent weeks both the Boy Scout Troop 122 and MPHS Student Council volunteered their time and efforts to make the town square look more beautiful.

The next city council meeting is May 8, 2018 at 6:30 p.m.

[Teena Lowery]

Previous related article:

Mount Pulaski City Council decides to table the decision regarding Mayor James Cole