We’ve occasionally pointed out how DeKalb’s ordinances don’t always match up to Illinois statutes. The most recent example is contained within the lawsuit filed last week against the city, which details how the language of the DeKalb Municipal Code differs from state law in the matter of mayoral voting.
So, too, does the language differ in the matter of the consent agenda. Here’s what the statute says (my emphases):
[65 ILCS 5/3.1-40-40] The yeas and nays shall be taken upon the question of the passage of the designated ordinances, resolutions, or motions and recorded in the journal of the city council. In addition, the corporate authorities at any meeting may by unanimous consent take a single vote by yeas and nays on the several questions of the passage of any 2 or more of the designated ordinances, orders, resolutions, or motions placed together for voting purposes in a single group.
And here are DeKalb’s rules:
c) The Consent Agenda may, in the initial discretion of the City Manager, include any of the items listed on the Regular Meeting agenda. Each and every matter contained on the Consent Agenda may be passed in an omnibus fashion and shall require the concurrence of a majority vote of the Aldermen holding office, with the right of the Mayor to vote as otherwise provided by law. At any Council meeting, any member of the City Council shall have the right to have any matter on the Consent Agenda removed therefrom and placed as a separate item on the agenda, within the appropriate category. At any time prior to a vote on the passage of the Consent Agenda, a member of the public may request of an Alderman that a matter be removed from the Consent Agenda and be placed as a separate item on the agenda. It is within the discretion of the Alderman to do so. (06-32)
DeKalb has once again created exceptions for itself. Instead of abiding by the rule that the consent agenda be approved by unanimous vote, it has lowered the bar to require a simple majority; and, in replacing the vote of the corporate authorities with aldermen only, is a rule that might exclude the mayor. Read the rest of this entry