Roti v. Washington

450 N.E.2d 465, 114 Ill. App. 3d 958, 71 Ill. Dec. 30, 1983 Ill. App. LEXIS 1822
CourtAppellate Court of Illinois
DecidedJune 10, 1983
Docket83-1146
StatusPublished
Cited by11 cases

This text of 450 N.E.2d 465 (Roti v. Washington) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roti v. Washington, 450 N.E.2d 465, 114 Ill. App. 3d 958, 71 Ill. Dec. 30, 1983 Ill. App. LEXIS 1822 (Ill. Ct. App. 1983).

Opinions

JUSTICE JIGANTI

delivered the opinion of the court:

Both the plaintiffs and the defendants in this case have sought the aid of the courts in order to resolve several legal issues that arose during the course of the legislative process. This lawsuit requires the court to address the legal issues stemming from a dispute that arose in the Chicago city council between the plaintiffs, 29 aldermen, and the defendants, 21 aldermen and Harold Washington, the mayor of Chicago. We stress at the onset that this court’s function is not to question the wisdom of any legislation or to examine the distribution of power in the city council. Those are legislative concerns which do not bear upon the judiciary’s traditional responsibility to decide the rights of the parties. Nor shall this court delve into the many personalities that have been thrust into this highly publicized era of Chicago history. Crucially, this court’s sole function in this lawsuit is to decide the legal issues of the case as defined by the plaintiffs and the defendants. In its ruling, the trial court appealed to the parties, “*** to work out their differences, political and personal, to assist Mayor Washington in effecting the goals he has so eloquently expressed, to make our great City a place where the strong are just and the weak secure ***.” We join in this plea. In the meantime, we must accomplish the business of this court by deciding the legal issues that have been identified and submitted by the parties to this court for resolution.

The focus of this lawsuit revolves around a meeting of the city council on May 2, 1983. Upon commencement of the meeting, the mayor, acting as the council’s presiding officer, entertained a motion to adjourn. A voice vote was taken and the mayor declared that the motion to adjourn had carried. The mayor and 21 aldermen immediately left the council chambers. After one of the aldermen was elected as temporary presiding officer, the remaining 29 aldermen voted against the motion to adjourn and continued the meeting. The propriety of the mayor’s adjournment and the subsequent actions of the remaining aldermen is the first issue submitted by the parties to this appeal.

Following these events, the 29 remaining aldermen adopted by resolution “Rules of Order” for the 1983-87 council. These rules changed the rules from the 1979-83 city council by amending the number of standing committees from 20 to 29. The resolution further assigned aldermen to the 29 committees and elected a vice-mayor, a sergeant-at-arms and a president pro tempore. The defendants contend that the resolution is invalid not only because the meeting was allegedly adjourned, but also because the new rules violated a rule of the 1979-83 council that provided that the rules could not be repealed, altered or amended absent a vote by two-thirds of the aldermen. The defendants therefore argue that the changes in the rules were invalid because only 29 aldermen voted for modification, a number five votes shy of the 34 votes needed to comprise a two-thirds majority. In contrast, the plaintiffs argue that the 1979-83 council rules cannot bind the 1983-87 council because each council may enact its own rules of order. These arguments comprise the second issue before this court on appeal.

The final action taken at the May 2 meeting was the passage of an ordinance which set May 6, 1983, as the date of the next regular city council meeting. The mayor vetoed this ordinance but no questions are raised on this appeal concerning this veto.

On May 6, a special meeting of the city council was called for May 7 at the request of 24 aldermen. The purpose of the special meeting was to approve the journal of proceedings for the regular council meetings held on April 13, April 29 and May 2. The minutes of these meetings were adopted by a vote of 29 aldermen and the meeting was adjourned. The minutes for the special meeting were adopted at the next regular council meeting on May 11. The validity of the actions taken at the May 7 special meeting is the third issue raised by the parties on appeal.

At the May 11 meeting, the mayor communicated a message to the council in which he vetoed two of the resolutions which had been adopted at the May 2 meeting by the 29 remaining aldermen. The resolutions at issue concerned changing the number of committees and appointing aldermen to those committees. The validity of these vetoes is the final issue on appeal.

On May 6, the plaintiffs sought a declaratory judgment in the trial court. Later that day, the mayor filed an action seeking to enjoin the city clerk and the plaintiffs from implementing the rules and resolutions which they had previously adopted. On May 11, the cases were consolidated and the 21 defendant aldermen were allowed to intervene. The city clerk was dismissed from the suit. The cause came to trial on May 13 and the court heard the evidence presented by the parties. On May 16, the court rendered its memorandum decision and on May 17, the judgment order was entered in favor of the plaintiffs. Both the mayor and the intervening aldermen immediately filed appeals and all parties to the suit requested the Illinois Supreme Court to accept the case for direct appeal. The application was denied. The supreme court ordered this court to decide the matter by June 10, 1983. A briefing schedule was established and oral arguments were heard on June 2,1983.

As a threshold matter, we must first decide whether the mayor lawfully adjourned the May 2, 1983, city council meeting pursuant to a voice vote. Significantly, if the adjournment was proper, the remaining issues in this case become moot and the defendants will prevail on all issues. On the other hand, if we find that the mayor’s adjournment was improper, we must determine the other issues raised in the case.

The record reveals that the events surrounding the purported adjournment were emotionally charged and highly tumultuous. However, in essence, the evidence adduced at trial discloses that a regular city council meeting was held on April 29, during which the mayor and all of the aldermen of the 1983-87 city council were inaugurated. At the close of the ceremonies, the meeting was recessed until May 2. When the session was resumed on May 2, the roll was taken. The mayor recognized an alderman who immediately moved for adjournment. The mayor stated, “You’ve heard the motion. All in favor, signify by saying aye.” This statement was followed by a chorus of ayes. The mayor then asked, “Opposed, no?” A chorus of nos followed. The mayor announced, “The ayes have it. Council is adjourned.” Immediately thereafter, the mayor left the council chambers accompanied by 21 of the aldermen.

The journal of proceedings of the council meeting reflects that after the motion to adjourn was made but before the mayor called for a voice vote, “various aldermen requested a roll call vote on the motion.” The journal does not indicate the names of the aldermen who requested a roll call vote. Another transcript of the proceedings was produced by a court reporter hired by the defendants. This second transcript reflects that the ruling to adjourn was made after a voice vote but before any request for a roll call was made. Also introduced into evidence were the city clerk’s tape recording of the meeting, network video tapes, a transcript produced by a court reporter hired by the plaintiffs, and the stipulated testimony of the city clerk and at least 32 aldermen.

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Cite This Page — Counsel Stack

Bluebook (online)
450 N.E.2d 465, 114 Ill. App. 3d 958, 71 Ill. Dec. 30, 1983 Ill. App. LEXIS 1822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roti-v-washington-illappct-1983.