The Village has posted the agenda for Monday evening’s Village Board meeting. Topics for discussion include:
- 911 Dispatch Consolidation
- Special Counsel Ordinance
- Barrington Hills Farms
- Horse Boarding Amendment President’s Veto Report
- Appointment Special Counsel
A copy of the agenda can be downloaded here or viewed via the Village Google calendar here.
The President of the Village of Barrington Hills has had the authority to hire special counsel, at his sole discretion, per Village Code for 25 years:
1-6-6: VILLAGE ATTORNEY:
(D) Special Counsel; Appointment, Compensation, Duties:
1. Appointment: Legal counsel in addition to the village attorney may be retained at the discretion of the president.
2. Compensation: The compensation of special counsel shall be fixed by the board of trustees.
3. Duties: The duties of such special counsel may be for such purposes as the president may deem necessary or appropriate. (Ord. 90-2, 1-29-1990)
That authority was last questioned by the Board of Trustees in April and May, 2008:
Meeting minutes from Village Administrative Records of BOT minutes:
April 28, 2008 page 4
VBH Special Counsel – Trustee Smithe motioned to change the current process whereby the Village President has the ability to appoint Special Counsel without restriction. Trustee Mallen seconded. Trustee Smithe is proposing that if an appointment is to last more than 45 days, continued engagement of Special Counsel would require Board approval. President Abboud discussed the fact that the Village Code allows the President to have this right to provide a wider view for Village decisions. He argues that the Board has monthly veto power on this appointment by choosing not to pay Special Counsel bills or by calling the President to discuss their position. He discussed the importance of separation of powers in Village government and that the code is designed to provide checks and balances. Discussion continued about last year’s legal budget and the fact that the Village had significantly exceeded the legal budget. Further discussion ensued about a method to improve the budgeting process. Both motion and second were rescinded and the Board asked Attorney Wambach to create language for a modification to existing Village code for discussion at next month’s meeting.
May 19, 2008 page 7
Special Counsel Ordinance 08- – Trustee Smithe motioned to approve an amendment to the existing Village Code which would require Board approval if a Special Counsel appointment by the Village President is to last more than 45 days. Trustee Schueppert seconded. Discussion continued from last month’s Board meeting. Trustee Gohl was concerned that attorneys would be uninterested in accepting appointments if they knew a 45-day limit existed. President Abboud explained that the existing Code is in place because the Village President has a unique need for Counsel as being the Chief Executive with the highest liability of the elected officers. While Trustees have the advice of their respective committees, the President does not. The present provision of Special Counsel allows for clear and unfettered advice for the President, which is especially important when the Board and President have differing views. The Village Attorney was asked what happens if the Board would refuse to pay the bill of Special Counsel for work completed. Attorney advised that most likely they would try to settle and it is likely that Attorney would be paid eventually after litigation. Roll Call.
Ayes: 3 (Mallen, Schueppert, Smithe)
Nays: 4 (Ramesh, Knoop, Gohl, Abboud)
Absent: 0