Disagreement over city attorney appointments at first meeting of new Harrisburg council

HARRISBURG -- A packed house at Harrisburg's first new city council meeting Thursday saw a question raised over who will serve as city attorney.​

New councilman Ron Morse, who has previously served as Harrisburg's mayor, said that council members could vote to appoint the city's attorney. Mayor John McPeek said current city attorney Todd Bittle would serve as city attorney until he decided to make a different appointment.​

"I'm not ready to make an appointment at this time," McPeek said.​

Morse said it was imperative for McPeek to make such an appointment or council members would.​

McPeek then moved to appoint Bittle city attorney, seconded by new council member Roger Angelly. McPeek and Angelly were the only two voting in favor.​

New council member Raymond Gunning then moved to appoint attorneys Kolby Smithpeters and Robert Wilson as city attorneys. Wilson had previously served as city attorney as well as mayor in previous years. Wilson ran against McPeek and John Okerson in the recent mayoral contest.​

"This is absolutely the craziest thing that's ever happened in the city of Harrisburg," a clearly agitated McPeek said.​

Gunning, Morse, Angelly and new councilman Raymond Johnson voted in favor, with McPeek the lone dissenting vote.​

"Absolutely the biggest no in my life. That is a crock. That is terrible. That's a terrible thing to do to the citizens of Harrisburg," McPeek said.​

Bittle then spoke up, advising that the motion was improper and that McPeek was the only person permitted to appoint a city attorney.​

Wilson then approached council, and cited language from the Illinois Municipal Code as reason to recognize the council's vote for him and Smithpeters.​

"The municipal code says the mayor with the advice and consent of the city council may appoint an attorney or corporate council. It says 'may.' Now, as I understand 'may,' that means it is permissive. Doesn't say 'shall.' It's not exclusive.The city council just voted. Four people on the city council, who are required to approve who is the attorney for the city council, have voted to employ Kolby Smithpeters ..."​

"No. You mean voted to employ you," McPeek interrupted. "You'll tell him what to do. Go ahead and admit that. Just go ahead and admit it."​

"I will be helpful," Wilson continued.​

"You'll be very helpful," McPeek said, with a sarcastic tone.​

"Yes, I will," Wilson said. "In any case, the council has spoken, and I respectfully submit that with four members of the city council indicating they want Kolby Smithpeters and Robert Wilson as city attorney, that absent any objection that it should continue, and there is no objection if the four of them have taken that ..."​

"There's an objection from the mayor," McPeek said.​

"And, Tuesday morning, you proposed to these four gentlemen that Todd Bittle and Robert Wilson would be the city attorneys. So two days ago, you proposed this," Wilson said.​

"What's wrong with Todd Bittle?" McPeek asked.​

"I don't know. Ask these guys. They just voted no," Wilson said, before taking his seat.​

Bittle then again addressed council, saying Wilson's interpretation of the appointment process was not accurate according to Bittle's understanding.​

"Mr. Wilson is kind of citing the wrong statute in this case," Bittle said. "The municipal city code says under 2-160 the city attorney shall be appointed by the mayor with the consent of council. 'Shall' means you're the one who has the appointment. Nobody else. They don't have the power do do that."​

Morse said he was uncertain about who to recognize at city attorney. McPeek said the Illinois Municipal League would be consulted, but that the city already had asked the question and had been given an answer favoring McPeek's position in an email.​

While the status of who, exactly, is city attorney remains unclear, the new council made some other changes. Council voted to appoint Terri Jenkins as city clerk, replacing Sally Wofford, and David Cox as city treasurer, replacing Linda George. Morse thanked Wofford and George for their service. McPeek again was the lone vote against the appointments.​

Current interim police chief Michael Riden was appointed police chief by Gunning with unanimous council approval. Gunning also moved to reappoint John Gunning fire chief, which also was approved unanimously. John Gunning is a brother to Raymond Gunning.​

Angelly moved to appoint Larry Greer as city water and sewer superintendent, replacing Kelly Hefner, who retired Monday. Greer was approved by council unanimously.​

Johnson moved to appoint Mike Owen as superintendent of streets and public improvements. Council unanimously approved the appointment.​

Council adjourned, though Morse said earlier in the meeting council may need to call a special meeting next week.