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R-300 - 04/14/1981 - GOVERNMENT LEGISLATION - Resolutions Supporting Documents w`r sir II, VILLAGE F OAK BROOK 200 OAK BROOK ROAD OAK BROOK, ILLINOIS 854-2220 April 10, 1981 'I MEND TO Village President and Board of Trustees FR ON: John H. Brechin -- Village Attorney SUBJECT: Attached Resolution -- it Ameudment to Civil Rights Act I' RECOMMENDATION: That the Board pass t attached Resolution. In the past months you have received much teriai fr ,m me ane Village Manager Carmignani concerning recent developments in the area of civil rights law. Recent United States Supreme Court decisions have significantly expanded the scope of poten- tii municipal liability in this area. As a result numerous organizations including the National Institute of Municipal Law Officers (NIMLO) and .-ur' own. Intergovernmental Risk Management Agency (IRMA) have begun ccrdinating,efforts seeking amendments to the Civil Rights Act to allow legitimate ofenses previously available to municipalities and co restore the Civil Rights Act more closely to its original purpose. Your con- sideration and passage of the attached Resolution is therefor recommended. II Respectfully submitted, 4 -,-a * j Iu.. John Brechi: I Village Attorney JUBlcak Attch. cc: Kenneth G. Carmignaii - Village Manager • • VILLAGE OF OAK BROOK VW.-• 300 • MINUTES OF REGULAR MEETING April 14, 1981 I. CALL MEETING TO ORDER The Regular Meeting of the Board of Trustees was called to order at 7:30 P.M. by President Cerne in the Samuel E. Dean Board Room of the Village Commons. A. Roll Call Present: Trustees George Congreve Walter C. Imrie Arthur W. Philip Barbara F. Reynolds • Joseph H. Rush William R. Watson President Vence F. Cerne II. APPROVAL OF MINUTES Trustee Philip moved - seconded by Trustee Congreve.... That the minutes of the Regular Meeting of March 24, 1981 be approved and waive reading of same. Voice vote: all in favor So ordered III. ORDINANCES, RESOLUTIONS, VARIATIONS, FLATS, ETC. A. ORDINANCE NO. G-290: ORDINANCE PROVIDING FOR THE DESIGNATION OF ADDITIONAL FIRE LANES (1220 A 1")0 Kensington Road) Proposed fire lanes to be designated at Deltac Incorporated, 1220 Kensington Rd., and International Harvester, 1300 Kensington Road. Trustee Watson moved - seconded by Trustee Philip.... To approve Ordinance No. G-290 as presented and waive reading of same. Roll call vote: Ayes: Trustees Congreve, Imrie, Philip, Reynolds, Rush and Watson Nays: none President Cerne indicated approval of the motion. So ordered �/ �8�, RESOLUTION NO. R 300: RESOLUTION - A"0 `T TO CIVIL RIGHTS ACT. Proposed resolution urges the Intergovernmental Risk Management Agency (IRMA) to seek amendments to the Civil Rights Ac'. to allow legitimate defenses previously available to municipalities and to restore the Civil Rights Act more closely to its original purpose. Trustee Reynolds moved - seconded by Trustee Rush.... To approve Revolution R-300 as presented and waive reading of same. Roll call vote: dyes: Trustees Congreve, Imrie, Philip, Reynolds, Rush and Watson Nays: none President Cerne indicated approval of the motion. So ordered IV. FINANCIAL A. Treasurers Reports Trustee Rush moved - seconded by Trustee Congreve.... That the Treasurer's Cash and Investment Report for the month of March, 1981 be accepted as presented. Village of Oak Brook Minutes -1- April 14. 1981 . , , ,, lkstillt....i•c) r S EUT Tc F H be ..1ST o , 1 , . Attached ;p eaasi "find a copy,of Resolution g-300 gassed and approved by the President and Board of T�tess of the-Village of Oak Brook. at their, Board meeting of Tuesday,•' April ';1$, 1981' dealing with our-support of the modifications of.-the Civil Rights Act .have sent persona]. letters to each of our federal :legislator's encouraging,.theta to support liodifyiag ,legislation., A. copy of that letter is also attached. are most intert'eetidf` in fo lowi ''the progress of this Act and ask. that I'•Rs•M.A.. and the DuPage• or* *n4.anger$ Conference do everything in their power to assist the.stodifica- it tion of this pr-mb7.14012 B ce�ell► , .; • Ken, th G cant'. Village Malta, get RGC/catc ;Attch;. . :„ wi _ o The Village of oak Brook has been most concerned over the United States Supreme Court ruling dealing with Section 1983 of the Civil Rights Act of 1871. The interpretation of the Court in the case of en u. City of Independence, Mo., essentially eliminated the good faith 4111011flity which had heretofore been applied to municipalities, their officers, or employees. The expansion of the liabilities and II' potential liabilities of municipalities, under this Section 1983 and 1988, has greatly iy increased the. expenees of municipalities in defending civil rights, actions and in ping ing. judgments and attorneys fees to successful plaintiffs, thereby causing serious l concern for the 'financial stability of our communities. The Village of Oak brook, recognizing these problems, enacted Resolution R-300 at their Board meeting of Tuesday, April 14, 1981. A copy of this Resolution is attached encouraging the amendments to the Federal Civil Rights Act, Section 1983 and 1988,. to overcome the affects of the Supreme Court decision to protect the fiscal integrity of local governments. We are asking your support for federal legislation which could be enacted to over- come this serious deficiency. We thank you for your support of this effort and look forward to' federal corrective action in this regard. Sincerely yours, Kenneth G. Carmignani Village Manager KGC/cak Attch. . Viiit-300 . • ,1 1 1 1 ..p....s...w.. .....,._.•... ,..yCaeae•,.aw.RS a....v _ I i' ILLINOIS MEMBERS OF 'LIRE 96th CONGRESS 19794989 4 UNITED STATES SENATORS • Charles H.Percy tR) Adel E.Stevehron,111 CD) • 306 Linden Ave..Wilmette 60091 1619 N.Dearborn Si..Chicago 00.0610 II UNITED STATES REPRESENTATIVES j let DISTRICT 7th DISTRICT 13th DISTRICT 19th DISTRICT 1st Cong. Card*Wiles(D)1438 South Rids- Robert McClory(RI 840 •roepact Av- Too Rallabba bit R i 2800 Twsthh l Avg.Chicago 60628 enue.Lake Slut 60044 Street. . Plateau ca Stewart. 6i?0 E. Stith 14th DISTRICT '11t DISTRICT ■ Place.Chicago 60619 3tA DISTRICT • Tad DISTRICT Dan Rpe�co+�o (DI 1372 West John N. Erkenbeen(RD 446 Saban* Paul Fhrdtey(R) 115 West J rsoa Morgue F.Murphy(D) 10416 South Euergaaen Await*. SAN Court.Glen Ellyn 60137 Spit.P)aetleld 6St11S Bell Avenue.Chicago 00653 • lath DISTRIcr i5ah DISTRICT lint DISTRICT 3rd DISTRICT Sidney R.Yates(D)*500 North Lek* T 61360 (IL)Rtl No.2.Ottawa Edward LbI. adigen (R) 403 Wi l Nis:rtin A.Russo(D)1116 East 160th Shere Drive.aka.60887 i. Piace. South Holland 60473 10th DISTRICT 16th DISTRICT S2nd DISTRICT'. 4th DISTRICT er J. Micro (Dl 1015 Sheridan John B.Anderson(R)2711 Higherast bon,Daniel B.Crane 61 (S)3570 N.Verri. 1 Edwand J. Dere�aid(R)016 Bony Rand.Evanston 6 Road.Radc(anl 64107 Dtuhvtlle 382 Lone.Fic moor SAN 11th DISTRICT 11th DIITEI(,'I Ilird DISTRICT 6th DISTRICT - Frank Annunzio io(Di 6315 North Knox Geoff M.O'Brien(R)1006 Buell Av- >i (D)426 North 0th St..E. John G. Far) (D)3600 South Damao Avenue.Chloe 60646 wore.Joliet Q0486 Mime.Chiiiip 36609 12th DISTINCT 0th DISTRCT 34th DISTRICT Oh DISTRICT Philip M. Crane (R) XS Man Agra . Retort H. Michel(R) 1029 N. Glen- Paul 6 CD)011 Wok Ida*straetl Henry J.Hyde(5$)1819 Peterson As. Tian.Mount Prospect 60066 wood.Peoria 61606 Carbondale enue.Park'C+.id6r 90066 '1 Because Congress is in session longer than the Illin representatives ois General Ascembl�'.U.S. senators and U.S.represeatives receive most of titter* legislative correspondence at Washington. Here are the Washington addresses: Senators n shnUHone Mee Fsu4dmc Wmhin¢um.0 C t)0 w•a.hhnguhn.0 C.20315 i. A more complete directory. giving maps of the congressional and legislative districts, as well as committee assignments foil, . ... a, . i+.. ..I •_ 6%.. ...-I, 6.. .....61:..03.4-r.•. r i4 • ..•f'.e►.. Oran :nfnr.e...renn iS aa•aitah)N l i • II i it I Ii , II i • . • • • • VILLAGE OF OAK BROOK 1200 OAK BRZOOK R.OAD OAK BROOK, ILLINOIS • it i.eril 20, 1981 65 4-2220 j. Mr. td Manson • Risk Imager Intergovernmental Risk Management Agency • 4900 Main Street - Box 579 Downers Grove, Illinois 60515 Dear :. Attached please find a copy of Resolution 8.300 Passed and approved by the President and Board of Trustees of the Village of Oak Brook at their Board meeting of Tuesday, April 14, 1981 dealing with outs support of the modifications of the Civil Rights i! pct. We have sent personal letters to each of our federal legislators -encouraging them to support modifying legislation. A copy of that letter is also attached. We are most interested in following the progress of this Act and ask that' I.R.M.A. and the DuPage Mayors and Managers Conference do everything in their power to assist the modifica- tion of this problem. Si cere1y„,ygurs Kenn th G. Carmignanl ' Village Manager. . KGC/cak , Attch,`. • • • • • . j :a k f . .• . _ _ , . . vridit . io., .. H • 1 • VILLAGE OF OAK BROOK . • 1200 OAK BROOK ROAD • OAK BROOK, ILLINOIS . April 20, *1981 054.2220 Mr. Steven Aveang . Director, DuPage'County Mayors . and Managers Conference .II 31 South Prospect n , . Roselle, Illinois 60172 ' . , Dear Steve Attached please find;a copy of s aolutio R-300-passed and approved by the President and Board of Trustess of the Village of Oak Brook at their Board meeting of Tuesday, j April 14, 1981 dealing with our support of the modifications of the Civil Rights • • Act. ' ire have sent personal letters to each of our federal legislators encouraging them to • support modifying legislation. A copy of that .letter is also attached. -lie are most interested in following the progress of this Act and ask that l.R.M.A. and.the DuPage . .Meyore-and Managers .Conference do everything in their power to assist the.modifica-- tion of this problem. . 7cerelYty?urs . ' A m • a h C. Cnrsstf gca L • • • • . • Village °°_""':.'• KGC/cak • Attch, . • i , • • • rr A ✓ • .171%\„, VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 654-2220 April 23, 1981 MEMO TO: Village President and Board of Trustees q . FROM: John H. Brechin - Village Attorney SUBJECT: Amendment to Civil Rights Act As a follow-up,to. the Board's recent passage of Resolution R-300 urging amend- ments to the Civil Rights Act, you should be aware that Senator Hatch of Utah, Chairman of the Subcommittee on the Constitution of the Senate Judiciary Committee, has introduced two,Bills, S-584 and S-585, concerning this issue. Bearings are planned on the general topic of the amendment tentatively scheduled for May, 1981. . S-584 would limit the federal "laws" whose violations triggers a 1983 cause of action to laws "providing for equal rights of citizens or of all persons within the United States". This would limit 1983 to actual civil rights violations. �j 8-585 would address the problem of (wen v. Ci of IndeP.D.14 nce by barring an 1I action against a local ; overnment which has "acted in good faith with a reasonable ' belief that the actions of the political subdivision were not in violation of any rights, privileges or immunities secured by the Constitution or bylaws providing for equal rights of citizens or persons". This Bill essentially would restore the good faith immunity defense previously enjoyed by municipal officials and munici- palities. I will of course advise as to any future developments regarding these two,Bills or any other Bills introduced in regard to the subject of civil rights liability. Respectfully submitted, John H. Brechin Village Attorney . JHB/cak 1 cc: Kenneth G. Carmignani - Village Manager ^ i'. 01.016414044 lli u* 4 Ile Pais Cowry Como - _. - 4111 issaws Comm Mesa .lumina MN!' "wet OW 411114417 , CA4Of 47 tibehlOok ili.e. 20514 4 �I May 11, 1981 I; Mr. Kenneth G. Carmignani € Village meager Village o Oak. Brook 1200 0a*c, Brook Road Oak Ste, Illinois 60521 Dear Mr. Csrmignan-i i This is to acknowledge receipt of Resolution R-300, which r you recently forwarded to me, in support of amendments to Sec- tion, 1903 and 1988 of the Civil Rights Act of 1871. Senator Orrin Hatch has introduced two bills (S. 584 and , ''', S. 585) which, I understand, are designed to overcome the Supreme Court decisions mentioned in the resolution and, thus, to provide the protection you seek of the fiscal integrity of local govern- 1' meta. To the best of my knowledge, similar measures have not yet been introduced in the House, but I assume the national as- c$ Lions to which the Village belongs are discussing the mat- ter with rs of the House Judiciary Committee. '� . Please be assured I will be following developments with regard to the Hatch and related bills. a . ' Y Ver truly yours, f 411 ... , '' J :. ohn N. Erlenborn, M.C. II 2206 House Office Building JNE/cas _ .i3,