City of Peru City Council met Feb. 5.
Here is the minutes provided by the council:
A regular meeting of the Peru City Council was called to order by Mayor Scott J. Harl in the Peru City Council Chambers on Wednesday, February 5, 2020 at 7:00 p.m.
City Clerk Dave Bartley called the roll with Aldermen Ferrari, Waldorf, Lukosus, Radtke, Sapienza, Payton, Ballard and Buffo present; Mayor Harl present.
All joined in the Pledge of Allegiance to the Flag of the United States of America.
PUBLIC COMMENT
Peru Attorney Julie Ajster addressed the council to discuss the motion on the agenda regarding the engagement letter with Klein Thorpe and Jenkins (KTJ) for special counsel and legal services relating to FOIA. Ms. Ajster stated it is her opinion the motion is in response to her recent FOIA requests to the city. Ms. Ajster stated the letter is dated January 29, 2020; however, she has been receiving letters from KTJ since December 23, 2019. Ms. Ajster stated KTJ is already responding to FOIA request on behalf of the city and asked if the city is going to be billed for the last nine letters they sent in the last month and if so, they would predate the engagement letter if you were to approve it would the last nine be covered under the engagement letter or who would be responsible for paying those legal services. Ms. Ajster stated with regard to retaining KTJ, the public is entitled to the information; the law, specifically FOIA, allows the public to get certain documents from the city. Ms. Ajster stated Police Chief Doug Bernabei and the city have been complaining about FOIA requests for years, publishing articles in the paper, complaining people send to many FOIA requests, wasting our time. Ms. Ajster stated her position is that a pubic body works for the pubic and the public is entitled to most everything but conceded there are some things the public cannot have due to certain exemptions to FOIA. Ms. Ajster stated that if the city is not hiding anything, then give her the documents. Ms. Ajster stated she sends FOIA requests not just to the City of Peru but to other cities, but never had the problem getting responses like she does in Peru. Ms. Ajster stated she don’t have an issue getting requests from any part of the city besides the police department. Ms. Ajster stated she can send a request to the clerk’s office and get a response withing the 5 business or get a response the documents can be found online. Ms. Ajster asked if the clerks office can provide the documents and place them online within the 5 days, why is there such a problem with the police department that either this is always and extension and now they want special counsel to respond to FOIA requests and believes there has to be some reason for it and the question is why now, in response to these FOIA’s because she has sent FOIA’s to the police department in the past years. Ms. Ajster stated that even while they are trying to bring in KTJ to respond to these, certain FOIA’s they are responding to with out the need of special counsel. Ms. Ajster asked why it is necessary now and doesn’t feel it is necessary because she has requested like documents in the past and has never been an issue. Ms. Ajster stated all of the FOIA’s KTJ are responding to are all related to the police department. Ms. Ajster stated the first FOIA submitted to KTJ was in response to RFP’s (Request for Proposals) regarding proposed police station and stated the response she got was now the documents were available online. Ms. Ajster stated she went online and they were not there, went back and send the same FOIA request and got the same response they were online and they were put online. Ms. Ajster stated she didn’t hear back from the city for a month and until she sent a FOIA request asking for policies and procedures of the police department in regards to discipline and also asked for all officers suspended for past 24 months because at that time she was made aware of the fact four officers were currently on suspension. Ms. Ajster stated she believes that seems excessive and wanted a summary as to who has been suspended for past two years to make sure the discipline is proper. Ms. Ajster stated she believes that’s the reason her request is being denied but has in the past received law enforcement files, specifically with discipline not just from the Peru Police Department but from LaSalle Police Department, Oglesby Police Department and Spring Valley Police Department, along with Chief Bernabei’s file from Florida, so he knows she is entitled to it. Mayor Harl interjected the public comment was going to long and stated Chief Bernabei had some things to say as well.
Chief Bernabei addressed the council stating he wanted to respond to a few of those comments even though he doesn’t normally respond to Ms. Ajster due to their adversary relationship which exists since he testified against her in the IL Supreme Court. Chief Bernabei stated that what Ms. Ajster told the council lacks much facts. Chief Bernabei stated Ms. Ajster had not just FOIA’d the police department but sent two FOIA requests to the engineering department for records and was pointed to the website for things that were a matter of public record and other items that were denied because of copyright type items.
Chief Bernabei stated she then asked the clerks office for invoices and was pointed to the website under proposed police station project.
Chief Bernabei stated that on January 20, 2020, Ms. Ajster sent a FOIA request to the clerk’s office for resumes, applications, etc. for any individual who applied for the position of Director of Parks, Recreation and Special Events. Chief Bernabei stated that request was forwarded by the City Clerk’s Office and the city FOIA Officer to KTJ. Chief Bernabei stated that under Illinois law, as we understand it now, applicants for jobs are not public documents and will be denied. Chief Bernabei stated the successful candidate’s information would be subject to public record. Chief Bernabei stated our FOIA Officer in the City Clerk’s Office is not going to respond to FOIA’s as a non-trained attorney in high liability type situations. Chief Bernabei stated we have approximately thirty people applying for jobs that are employed in other locations in the Illinois Valley and they know they have the ability to have confidential interviews with potential public employee, so the person gets hired, that becomes public information but the other twenty-nine people who applied is not public information because it would have a chilling affect on anyone every wanting to apply for public job and if she doesn’t know that, she should.
Chief Bernabei stated that on January 20, 2020, Ms. Ajster asked for resumes, applications, letters, documents for part-time police officer and any emails between the mayor and chief of police. Chief Bernabei stated we did have an application from a part-time officer who was hired as a part-time member of the police department.
Chief Bernabei stated on January 22, 2020 Ms. Ajster asked for the police collective bargaining agreement and had no problem releasing, along with the police policy manual and handbook. Chief Bernabei stated there is an exemption under IL law that states if we wish to do that there are certain policies we would not release, but we have chosen to be transparent and release the entire procedural journal and place it on the website. Chief Bernabei stated some departments and communities refused to do that because of safety issues, so if you want to see how the police department handles a whole host of things, just go to city’s website.
Chief Bernabei stated that on January 23, 2020 Ms. Ajster asked for a list of Board of Fire and Police Commissioners along with policies and procedures and stated yes, we should have that on the website and we did not, and it was immediately put on. Chief Bernabei thanked Ms. Ajster for making that request as it hadn’t occurred to any one to put it on the website; she asked for it and we happily obliged and was handled by FOIA Officer Stephanie Piscia.
Chief Bernabei stated that on January 24, 2020 Ms. Ajster asked for all police employees, that’s thirty-five employees including crossing guards, patrol officers, administrative assistants, etc. Chief Bernabei stated Ms. Ajster asked for every single work schedule form January 2018 to present. Chief Bernabei stated she asked for all time sheets, every piece of evidence when every one of our employees logged in and logged out. Chief Bernabei stated fulfilling the request would produce approximately 1900 pages and is 52 files the police department administrative assistant would have to gather and provide, therefore referred to KTJ.
Chief Bernabei stated that on January 29, 2020 Ms. Ajster requested entire employment file including all disciplinary records of a former peru police officer that was denied on February 4, 2020 because he indicated she made the very request for the same officer and was provided the information in 2017 and now asking for the same information again.
Chief Bernabei stated that along with CBA a list of all officers suspended in last two years with a date, length of suspension and reason. Chief Bernabei stated the records are a matter of public record to an extent, however, under the IL courts and IL Personnel Review Act, any municipality that has disciplinary and personnel records on a police officer has an absolute obligation to comply with FOIA laws but at the same time comply with the IL Personnel Review Act. Chief Bernabei stated there are sanctions that can be placed against a municipality if released information, inadvertently, intentionally or otherwise so it is high stakes stuff.
Chief Bernabei stated on January 29, 2020 Ms. Ajster sent a FOIA request based on the fact someone told her he has all kinds of surveillance equipment at his home. Chief Bernabei stated that FOIA was answered by Administrative Assistant and FOIA Officer Michelle Wagner because it was ludicrous that he would have any type of equipment at his home whatsoever. Chief Bernabei stated that any surveillance equipment is in the power, control and custody of special investigations unit.
Chief Bernabei reiterated that some of the requests involve people who are trying for jobs in the City of Peru and their information is not subject, according to our attorney not subject to public consumption.
Chief Bernabei also stated that asking for disciplinary records against what he would argue the finest members of any law enforcement agency anywhere.
Ms. Ajster (unadudible). Chief Bernabei stated “I am talking”. Ms. Ajster could be heard asking Chief Bernabei why you keep suspending them for everything. Chief Bernabei stated it was none of her business. Ms. Ajster stated it is because he is a tyrant; when you have 15% of your police force suspended at one time, what is going wrong? Mayor Harl interjected and stated we are not in a debate here and had her chance at the podium. Mayor Harl stated that now Chief Bernabei is responding.
Chief Bernabei stated that in any event, the FOIA officers will handle and continue to handle routine FOIA matters that do not expose them or the city to unnecessary risk or liability of releasing information that they should not release. Chief Bernabei stated we are committed 100% to be transparent and will provide information as required by law. Chief Bernabei stated our FOIA Officers are not attorneys, they are not experts in the FOIA law, they have basic training as required by law. Chief Bernabei stated he credits FOIA Officers Stephanie Piscia and Michelle Wagner that when they get a FOIA request they are not personally comfortable with not responding to, they go to their department head and say the request is beyond me and want nothing to do with it. Chief Bernabei stated some information is high-risk business and is not going to expose the city or themselves to liability.
Chief Bernabei stated that yes, the engagement letter is on the agenda and yes, him and City Engineer Eric Carls engaged KTJ in December of last year regarding the information Ms. Ajster requested regarding the proposed police department that was clearly not public information. Chief Bernabei stated that since Ms. Ajster filed all of these FOIA’s regarding personnel records, disciplinary records, former police officers, current police officers, he retained KTJ. Chief Bernabei stated that as department heads we are permitted to retain attorneys; they are budgeted line items, approved by the city council well in advance, for legal expenses. Chief Bernabei stated that in conversation with KTJ, when we have this voluminous amount of requests from Ms. Ajster in an adversarial relationship with the city, we said is it appropriate, is it necessary if this will be more of an ongoing thing. Chief Bernabei stated KTJ advised him it is not legally required, and we do not have to obtain a letter of engagement, but if it is in your budget, put it on your agenda and be transparent. Chief Bernabei stated that KTJ attorney Mike Juresik is arguably one of the most well known and an expert in FOIA laws, he is a municipal attorney and have something that local attorneys do not have. Chief Bernabei stated KTJ represents many communities that handle this exact type of FOIA’s. Chief Bernabei stated they have redacting software where they can put in the reports or documents and computer will do the bulk of the work at a much more rapid pace then certainly a local attorney can do. Chief Bernabei stressed the fact it’s not a reflection on any local municipal attorneys, the Schweickert’s are great, the Andreoni’s are great, the McPhedran’s are great; they are all great lawyers but I would suggest if you have a hernia, you don’t go to a general practitioner you go to a surgeon and when we have high liability things, we go to the experts.
PRESENTATION
Mayor Harl presented introduced Henry and Deb Hackman to the council. Mr. Hackman, a State Farm agent with a downtown office, is retiring after 40 years in business. Mayor Scott Harl recognized Hackman as a “Peru Good Neighbor” and wished him a happy retirement. Mr. Hackman thanked Mayor Harl and stated it had been a good run and looked forward to the next chapter.
MINUTES
Mayor Harl presented the minutes of the Regular Meeting of January 20, 2020. Alderman Waldorf made a motion that the minutes be received and placed on file. Alderman Lukosus seconded the motion; motion carried.
FINANCIAL REPORTS
Mayor Harl presented the Sales, Home Rule, Use and Telecommunication Tax Receipts for October 2019. Alderman Radtke made a motion the report be received and placed on file. Alderman Buffo seconded the motion; motion carried.
ACTIVITY REPORTS
Mayor Harl presented the Police Department Monthly Report; Peru Volunteer Ambulance Service Inc. Activity Summary for December 2019 and Peru Volunteer Ambulance Service Inc. Activity Summary for Year 2019. Alderman Waldorf made a motion the report be received and placed on file. Alderman Payton seconded the motion; motion carried.
FINANCE AND SAFETY COMMITTEE
Alderman Buffo presented the following disbursements for payment on February 5, 2020:
FUND NAME TOTAL EXPENSES
General Fund $1,766,538.62
Insurance Fund 100,237.68
Utility Fund 644,522.01
Airport Fund 3,073.00
Total $2,534,371.37
Alderman Buffo made a motion that the report be received, placed on file and the bills be paid in the usual manner. Alderman Radtke seconded the motion. City Clerk Dave Bartley called the roll with Aldermen Ferrari, Waldorf, Lukosus, Radtke, Sapienza, Payton, Ballard and Buffo voting aye; motion carried.
Alderman Payton made a motion to reinvest the following Utility and General Funds:
$150,000 at 1.90% in Wells Fargo Bank for 36 months
$250,000 at 1.90% in Wells Fargo North America for 36 months
$50,000 at 1.70% in BMW Bank of North America for 30 months
$50,000 at 1.60% in Veritex Community Bank for 9 months
$50,000 at 1.65% in Bank of Baroda for 12 months
$50,000 at 1.60% in Haven Savings Bank for 7 months
Alderman Ferrari seconded the motion. City Clerk Dave Bartley called the roll with Aldermen Ferrari, Waldorf, Lukosus, Radtke, Sapienza, Payton, Ballard and Buffo voting aye; motion carried.
Alderman Sapienza made a motion to approve $150.00 donation to the 2020 LaSalle Peru Founders Patrol Breakfast. Alderman Radtke seconded the motion. City Clerk Dave Bartley called the roll with Aldermen Ferrari, Waldorf, Lukosus, Radtke, Sapienza, Payton, Ballard and Buffo voting aye; motion carried.
PUBLIC SERVICES COMMITTEE
Alderman Ballard made a motion to approve Engineering Services Agreement with Chamlin & Associates for the design and inspection of the Area 5 Phase 1 IEPA mandated sewer separation project. City Engineer Eric Carls stated the project location would be East of Route 251-7th Street Monks Avenue Area. Alderman Ferrari seconded the motion. City Clerk Dave Bartley called the roll with Aldermen Ferrari, Waldorf, Lukosus, Radtke, Sapienza, Payton, Ballard and Buffo voting aye; motion carried.
Alderman Lukosus made a motion to seek bids for bucket truck for Electric Department. Alderman Waldorf seconded the motion. City Clerk Dave Bartley called the roll with Aldermen Ferrari, Waldorf, Lukosus, Radtke, Sapienza, Payton, Ballard and Buffo voting aye; motion carried.
REPORT OF CITY ATTORNEY/ORDINANCES AND RESOLUTIONS
Corporate Counsel Scott Schweickert presented the minutes of Planning/Zoning Commission hearing held on January 29, 2020 concerning the petition of MVAH Holding LLC for property located east of North Peoria Street and North of Midtown Road, Peru, IL. Alderman Lukosus made a motion the minutes be received, placed on file and concur with the recommendation. Alderman Radtke seconded the motion. City Clerk Dave Bartley called the roll with Aldermen Ferrari, Waldorf, Lukosus, Radtke, Sapienza, Payton, Ballard and Buffo voting aye; motion carried.
Corporate Counsel Scott Schweickert presented the minutes of Planning/Zoning Commission hearing held on January 29, 2020 concerning the petition of Robert Grivetti concerning property located at 2702 May Road, Peru, IL. Alderman Ballard made a motion the minutes be received, placed on file and concur with the recommendation. Alderman Waldorf seconded the motion; motion carried.
Corporate Counsel Scott Schweickert presented a proposed ordinance entitled:
ORDINANCE NO. 6454
AN ORDINANCE GRANTING SPECIAL USES AS SOUGHT BY THE PETITION OF ROBERT GRIVETTI FOR PROPERTY LOCATED AT 2702 MAY ROAD, PERU, IL
Alderman Buffo made a motion the ordinance be adopted as written and read. Alderman Ballard seconded the motion. Finance Officer Justin Miller stated the ordinance combines all separate policies (credit card policy, travel expenses, bidding policy and general purchases). City Clerk Dave Bartley called the roll with Aldermen Ferrari, Waldorf, Lukosus, Radtke, Sapienza, Payton, Ballard and Buffo voting aye; motion carried.
City Clerk Dave Bartley presented a proposed resolution entitled:
RESOLUTION NO. 2020-01
RESOLUTION FOR MAINTENANCE OF STREETS AND HIGHWAYS BY MUNICIPALITY UNDER THE ILLINOIS HIGHWAY CODE (Supplemental Resolution-for expenditure of MFT funds for the N. Peoria Street roadway improvements)
Alderman Waldorf made a motion the resolution be adopted as written and read. Alderman Sapienza seconded the motion. City Engineer Eric Carls noted the $1.5 million in MFT funds total. City Clerk Dave Bartley called the roll with Aldermen Ferrari, Waldorf, Lukosus, Radtke, Sapienza, Payton, Ballard and Buffo voting aye; motion carried.
PROCLAMATIONS UNFINISHED BUSINESS NEW BUSINESS
Alderman Waldorf made a motion to approve an Engagement Letter with Klein, Thorpe and Jenkins, LTD. For Special Counsel Legal Services relating to FOIA matters. Alderman Sapienza seconded the motion. City Clerk Dave Bartley called the roll with Aldermen Ferrari, Waldorf, Lukosus, Radtke, Sapienza, Payton, Ballard and Buffo voting aye; motion carried.
PETITIONS AND COMMUNICATIONS
Clerk Bartley presented a communication from Terri Chamberlain requesting permission to use Baker Lake/shelter for a small wedding ceremony of Saturday, June 27th. Alderman Ferrari made a motion the communication be received, placed on file and permission granted. Alderman Ballard seconded the motion; motion carried.
Clerk Bartley presented the Peru Veterans Memorial Group Annual Report. Alderman Radtke made a motion the report be received and placed on file. Alderman Waldorf seconded the motion; motion carried.
Clerk Bartley presented a communication from Jacey Etscheid requesting division of real estate, waiver of requirements of subdivision ordinance and variances for property located at 2601 5th Street and 914 Herbert Street. Corporate Counsel informed the council he is representing Ms. Etscheid, therefore special counsel will need to be appointed to represent the city. Alderman Ferrari made a motion the communication be received, placed on file, referred to Planning/Zoning Commission and appoint special counsel. Alderman Waldorf seconded the motion; motion carried.
Mayor Harl read a communication from Classic Pageants Inc. requesting the city to attend and send a representative to represent the city at the Mrs. Illinois/America Pageant Super Bowl 2020. Alderman Waldorf made a motion the communication be received and placed on file. Alderman Payton seconded the motion; motion carried.
PUBLIC COMMENT
Ms. Ajster addressed the council in regard to Chief Bernabei’s comments in the opening public comment. Ms. Ajster stated that FOIA requests to engineering department for schematics regarding the new proposed police station, that the request was not sent directly to the engineering department, it was sent to the clerk’s office. Ms. Ajster stated she only ever sends requests to the clerk’s office to Stephanie Piscia or to Mr. Bartley directly or to Michelle Wagner at the police department. Ms. Ajster stated it appears that now all the FOIA requests are going through Chief Bernabei and stated she wasn’t sure if it is due to the clerk’s office accidentally giving out the schematics that said Bernabei Boulevard for the proposed police department. Ms. Ajster stated that it appeasers that all FOIA’s are going through Chief Bernabei now rather than the appropriate FOIA officers which are designated with the States Attorney Generals office to who the FOIA officer is trained and does have a certificate of training in FOIA.
Ms. Ajster stated in regard to retaining KTJ to respond to FOIA requests, specifically with regard to police officers, she stated this is probably the only time she will agree with Chief Bernabei on anything other than the fact that our officers are fantastic, however she thinks they deserve better than Chief Bernabei. Ms. Ajster stated that is the reason for her FOIA requests and currently there is a controlling letter from the Attorney General’s Office which was sent to Chief Bernabei two days before the city retained KTJ. Ms. Ajster stated the letter refers to former LaSalle police officer James Strand to which she requested his employment files years ago and the Attorney General’s Office ordered the City of LaSalle to turn over the documents. Ms. Ajster stated she sent Chief Bernabei that letter as an opinion and in regard to the IL Personnel Review Act she is aware of that because she sent it to you as well two days before the city retained KTJ and advised Chief Bernabei to the specific portion of the act where it states the act no way diminishes FOIA.
Ms. Ajster spoke regarding former Peru Police Commander Shawn Anderson, stating Chief Bernabei said she asked for his entre personnel file years ago. Ms. Ajster stated she did not ask for his file but for his “clear and present danger”, due to an hour long standoff with a fire arm, that should have been sent to the IL State Police, which he Ms. Ajster stated he did not send. Ms. Ajster stated she requested the entire personnel file last week to make sure the discipline he received in response to striking his wife, operating his vehicle drunk to his house and then having an hour long stand off with police was commiserate with the discipline the officers are receiving now for being tarty or whatever else they are being disciplined for and that is what she is trying to determine.
Ms. Ajster responded to her request regarding timesheets. Ms. Ajster stated the request may be voluminous and a daunting task but stated if Chief Bernabei is going to discipline officers for being tardy or missing days from work, she wants to make sure all the officers who miss time are all being disciplined accordingly and not some officers and not others, which is the reason for the request.
Ms. Ajster responded to her request for the police department policies and procedures. Ms. Ajster stated she sent a FOIA for the policies and procedures, handbook and the list of officers suspended for past 24 months. Ms. Ajster stated that prior to any FOIA request, she checks the website first and she don’t like to FOIA documents unnecessarily because she don’t necessarily like the people she is requesting documents from know what she has or what she is looking into. Ms. Ajster stated that when she sent the FOIA, there were no policies and procedures online for the police department and if there were, perhaps KTJ, your fancy Chicago firm, where your attorneys walk on water, would have responded that way to my request, but instead they asked for a 5 day extension because the documents requested are not kept at this location or they are voluminous or they require redacting, so that is not necessarily accurate either.
Ms. Ajster stated lastly, Chief Bernabei mentioned our adversarial relationship to which she agrees, however, she stated Chief Bernabei did not testify against her at the IL Supreme Court, it was the ARDC and if he would like, she would make the transcripts made public so people can see how Chief Bernabei testified, stating it would not be good for him. Ms. Ajster stated the next day Chief Bernabei told the police officers of the City of Peru that if they are friends with her, they are his enemy.
Chief Bernabei interjected (inaudible). Ms. Ajster told Chief Bernabei to be quiet.
Mayor Harl informed Ms. Ajster she is finished with her public comment and let her go on longer than public comment is normally allowed. Ms. Ajster asked Mayor Harl to clarify Public Comment.
CLOSED SESSION
Alderman Lukosus asked for a motion to go into closed session. Alderman Waldorf made a motion to into closed session for meetings to consider the appointment, employment, compensation, discipline, performance, or dismissal of specific employees, including the public body’s legal counsel, or to hear testimony on a complaint lodged against an employee to determine its validity. Alderman Sapienza seconded the motion. City Clerk Dave Bartley called the roll with Aldermen Ferrari, Waldorf, Lukosus, Radtke, Sapienza, Payton, Ballard and Buffo voting aye; motion carried.
Closed session began at 7:56 p.m.; ended at 8:30 p.m.
Alderman Radtke made a motion to reopen the meeting. Alderman Ferrari seconded the motion. City Clerk Dave Bartley called the roll with Aldermen Ferrari, Waldorf, Lukosus, Radtke, Sapienza, Payton, Ballard and Buffo present; Mayor Harl present.
ADJOURNMENT
Alderman Waldorf made a motion that the meeting be adjourned. Alderman Sapienza seconded the motion and motion carried. Meeting adjourned 8:35 p.m.
https://www.peru.il.us/city-government/minutes/regular-council-meeting/2020-rm/february-2020-cm/4753-regular-meeting-minutes-02-05-20/file
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