EAST PEORIA, Ill. — East Peoria firefighters had been working since May 1 without a contract going into Tuesday night’s city council meeting.
Following the meeting, they remained without a pact.
Commissioners voted 3-2 to table approval of a collective bargaining agreement between the city and the International Association of Fire Fighters, Local #1498.
After the agenda item was read aloud, Commissioner Michael Sutherland was the first to speak.
“Let me preface by saying I do support a contract,” he said, before proceeding to cite concerns over fellow Commissioner Dan Decker’s position as the city’s assistant fire chief.
Sutherland said Decker has received campaign contributions from the firefighters’ union and would benefit from any potential contract agreement, because it would also affect his salary.
Thus, Sutherland concluded, any discussion of a contract resolution should be delayed until a law firm can opine on whether or not Decker can legally vote.
Sutherland proposed contracting with Chicago-based law firm Ancel Glink, which he called the “gold standard for municipal law.”
He said prior to Tuesday’s meeting, the firm quoted him a price of $250 an hour to examine the situation, and told him it would take no longer than twelve hours to give an opinion.
Mayor John Kahl then said he reached out to the state attorney general for an opinion, but added he didn’t anticipate a quick response.
Decker chimed in next, and said City Attorney Dennis Triggs’s office of Miller, Hall, and Triggs told him it would be legal to vote.
Triggs affirmed Decker’s statement, but advised a law opinion is just an opinion.
“You could ask five attorneys and get five different opinions,” he said.
Commissioner Seth Mingus cautioned if the resolution were tabled, the matter could go to arbitration, which would cost money not built into the city’s budget.
As the discussion continued, Commissioner Mark Hill offered the opinion there would be no definite answer as to the legality of Decker’s vote other than from a court ruling, with which Kahl concurred, before concluding he supported tabling the matter for further legal counsel.
Sutherland then alleged Decker had been asked multiple times to provide a written copy of the legal opinion he got from Triggs’s office, which Decker denied.
“Mr. Sutherland has a history of exaggerating, and that’s what he’s doing here,” said Decker.
The vote was then taken.
Following the meeting, Decker expressed his situation of being both an assistant fire chief and council member is precarious, but he would vote in favor of the firefighters’ contract if given a vote.
“Sometimes I don’t want to vote on stuff,” he said.
“It wasn’t fun voting on the marijuana issues. I joke about my mom still being upset about it,” he said.
“I made that decision [to vote in favor of allowing businesses to sell pot] because of the facts that were presented.
“Same way with this decision. It’s because of the facts presented and accompanied by doing research and already getting opinions from a law firm that yes, it’s legal [to have a vote].”
He said negotiations have been ongoing since February between the council and firefighters’ union, and the end may not be near, even after council gets another opinion on whether or not Decker’s vote is a conflict of interest.
“It was already voted to go to arbitration by the firefighters after the city had given the final offer,” he said.
“My fear is, if any part of this [potential contract] is rejected [by council], that’s viably what’s going to happen.”
