It's Home Rule, It's Home Rule, It's Home Rule

A couple of Freeport officials, Mayor Jodi Miller and First Ward Alderman Tom Klemm, recently took it upon themselves to draft letters cementing their support for a one-percent  home rule sales tax increase within the City of Freeport.  The Mayor's letter is posted on the City's Facebook page and Alderman Klemm's is available.  I will provide copies if requested.

What I found odd was that niether official used the term "home rule" even once.

Let's be clear, this tax, without home rule power, would have to go to referendum.  For both Mayor Miller and Alderman Klemm to avoid using the term "home rule" had to be a conscious decision.  Why would either avoid this straight up fact?

Alderman Klemm wrote about his 17-years as First Ward Alderman, but he didn't talk about all the times he voted to use home rule to issue general obligation debt or create a tax without the consent of his constituency.  I am pretty sure Alderman Klemm can name numerous city council members that have voted to use home rule to borrow money or create a tax on the rest of us and then moved out of town, if he needs help with names, I can assist.

Mayor Miller wrote about "our shared responsibility to make Freeport a better place to live work and play".  I don't know, I think if the Mayor wants to "share" the responsibility then she needs to share the decision making process as well.  As it works now, nine-people, not necessarily committed to Freeport for the long haul, make all of our tax and spend decisions without any binding consent from the governed.  It's been like that for more than 30-years.  Not one dollar of debt or taxes has been decided by referendum, it's all been home rule decisions by the Freeport City Council, often made by people that have simply left Freeport.  Now these decisions have had consequences, the Mayor wants us to "share" the responsibility for their decisons.

I am of the opinion we've dug a hole with home rule that we can not escape unless we keep digging.  But that's another post or two.

If I was in charge I would follow the template Rockord has been using.  Rockford is not home rule, losing that power by referendum in 1983.  Rockford last had a referendum for a 1% road sales tax in 2021.  The ordinance is written with a sunset clause, meaning it ceases after five-years unless reauthorized by voters.  In this, a non-home rule way, Rockford officials can be held accountable for how the money is utilized.  The referendum passed in Rockford in 2021 with almost 80% or the vote (Rockford Register Star, Feb. 24, 2021).

One part of Mayor Miller's letter must be addressed and clarified once and for all.  Here is that segment:

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Clearly Mayor Miller, Alderman Klemm and other City officials are oblivious to the fact that minus a sunset clause there is no way for the city council to lock down the uses of the revenue genereated regardless of what the ordinance says.

Perhaps acting City attorney Aaron Szeto of the Rockford law firm, Sosnowski/Szeto is just as oblivious when it comes to home rule units and their ordinances.  A  brand new city council could be just a little more than a year away and a new council could do whatever they want to with this revenue stream.  What's a more, a citizen can not go to court to enforce a home rule ordinance and be successful. 

According to the book, "Home Rule and Intergovermental Cooperation and Conflict" that's used by the Illinois Institute for Continuing Legal Education, "A home rule municipality can decline to follow its own ordinances."  The Courts have held that they "cannot handle matters which in effect are attempts to overrule decisions of a legislative body based upon alleged failure to follow requirements imposed by that body on itself."  Below is the pertinent page of that book. 

So I would like to hear from any city council member that thinks that this ordinance somehow has the ability to control the actions of any future city council, or even this city council a couple months from now. 

Practically every Freeport ordinance ends with these two clauses:

a) All ordinances or parts of ordinances in conflict with this Ordinance are repealed insofar as they conflict.

b) If any section, clause or provision of this Ordiance is declared by a court of competent jurisdiction to be invalid, such invlaidity shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared to be invalid, and this City Council hereby expressly declares it would have enacted this Ordinance even with the invalid portion deleted. 

So I expect that acting City Attorney Aaron Szeto is full well aware that City officials are misrepresenting the ordinance in question when they claim that it will forever tie this home rule sales tax to specific purposes.  They lack the ability to legally handcuff themselves or their predecessors with home rule.  The present ordinance is only as good as the next ordinance in home rule units of government, that's the law.

So please Attorney Szeto, ask Freeport officials to stop misrepresenting that they somehow have future authority over the revenue produced by a proposed home rule sales tax ordinance.

Once again, if I was in charge the public would have accountability.  We would have a referendum, We would share in the decision making as well as the responsibility if approved.  We would have a sunset clause so you could hold the Freeport City Council accountable for how the the home rule revenue was expended.

How else can we honestly hold Freeport City officials accountable?  Suggestions, thoughts or complaints are welcome.

As always, yours in honesty, 

John Samuel Cook 

2024

tutty.baker@gmail.com

Mayor Jodi "Home Rule" Miller

 At a the October 2nd meeting of the Freeport City Council discussion centered on whether to allow the city's voters to vote on a sales tax proposal or continue the practice of using home rule to increase the sales tax in Freeport without a referendum.

Republican Mayor Jodi Miller seemed dead set against the referendum idea, arguing that by the home rule referendum passing in 2022, the council now has carte blanche authority from residents to do whatever the hell the Mayor and the city manager want and it's up to the city council to give them a rubber stamp.

Video of the meeting is available on YouTube or the City of Freeport's website.

A ridiculous analagy made by Mayor Miller during the discussion went like this:

"Just imagine, if a referee of a football game didn't want to make the hard calls, just pretend that for a moment, didn't want to make the hard calls and left it up to the fans in the stadium."

With all due respect Mayor Miller, the citizens of Freeport are not fans at a football game.

If you want to look at us, your constituentcy, as "fans in the stadum" know this, these fans own both the participating teams, the whole damn stadium and we're even the ones paying the referees' salaries.

This is our football game, not Mayor Miller's.  We are the ones underwriting the football game, not the Mayor. In the Mayor's analogy the fans are subordinate.  Therefore, she must believe that because they have home rule powers the public should just get in line and pay up.

So lets talk socialism.  The only thing local Republicans and their leader have been doing publicly is bashing Governer Pritzker and President Biden on social media.  All the while ignoring how their party brethren at the local level continue to use home rule worse than any tax and spend liberal could.  Genuine principles and values are demonstrated, not talked about or posted on Facebook.

Another thing that doesn't sit well with me is that it appears Mayor Miller is doing more to represent the city manager than the residents of Freeport.  Thus far she has not asked the finance department to come up with an alternative budget, one without this proposed tax increase.  Nor has she asked for other financial alternatives and what the positives or negatives of those would be, with home rule there are plenty of alternatives.  Please watch the Youtube video from the October 2, 2023 Freeport City Council meeting, you will get a much better idea of where the individual members of the city council stand on using home rule.

How would Mayor Miller and and the city manager govern in a non-home rule unit of government?  How could they possibly run Stephenson County, any school district,  or any size of municipality without their home rule bag of tricks?   Is our city manager even qualified to be a city manager in an Illinois' municipality that is not home rule?  Feel free to answer the questions contained herein Mayor Miller but please do so in writing.

Look around at the results that home rule as brought us--treating residents as "fans in the stadium"--nothing more than casual observers, has come at steep cost, figurative and literal, to the City of Freeport and her residents, this needs to change soon.

As always, yours in honesty,

John Samuel Cook

2024

tutty.baker@gmail.com 

The RISE Grant and Tonight's City Council Consent Agenda

 There has been much talk around Freeport City Hall regarding something being called a RISE grant from the State of Illinois and how it will be used in Freeport.  The City hosted two public "open houses" on February 15, regading a "Freeport Economic Revovery Plan" to be "Funded by the RISE Grant" according to the open house announcement.

Looking down the consent agenda for tonight's Freeport City Council meeting I ran across a payment to Fehr-Graham in the amount of $15,000 attributable to the DCEO RISE GRANT DWT with the acccount number 205-268-6315.  Below is picture of this page of tonight's  consent agenda with this item underlined.

So using the account number, I went back to the appropriations ordinance, approved by the City Council last December,  to look at the corresponding fund this payment was being pulled from.

What I found has only led to more questions.  Below is a picture of the appropriations ordinance regarding this RISE grant.

What I find troubling is that the account shows a negative $22,500 for last year.  What's the explanation for this number being there?  I'm no CPA but I  know numbers in an appropriation ordinance mean something.  I also suspect, although I am no CPA that somewhere within the appropriations ordinance this negative $22,500 should show up as a postive in the same amount lest the city council approved layout is not balanced.  The public and council should know if the appropriations ordinance was written unbalanced.

How much of this $75,000 grant is left?  What has it been used for thus far?  What percentage of these grants actually go into projects and what percentage in engineering fees?

Any member of the Freeport City Council can ask for an item to be removed from the consent agenda for full council discussion.  I would like to see that happen in the case illustrated here.  That negative $22,500 needs explanation and the public, as well as the city council, need to know exactly what they've gotten for the $15,000 Fehr-Graham is billing us for in regards to this grant.

Surely, Mayor Miller or City Manager Boyer should be able to explain both of these issues to the satisfaction of the City Council withou too much effort or time.

As always, yours in honesty,

John Samuel Cook
2024

tutty.baker@gmail.com

Another Home Rule Sales Tax Proposal--Same Tired Justifications

 I watched with interest the discussion regarding Freeport streets and how to fund the repairing of the same at the Committee of the Whole meeting of the Freeport City Council on February 12th this year.  The video of the meeting is available on YouTube.

Second ward alderman James Monroe appeared to speak in favor of using home rule to raise Freeport's sales tax yet again, the substance of what Mr. Monroe said is below and quoted verbatim.

"It's something that has to be addressed and we have to figure a path forward and the only way to do that is to work to together and to continue to push forward, to continue to execute on a plan and and that's the only way it ever gets done.  It's just like a business, and we're looking at this from a standpoint, and this is why earlier--the conversations--because a tax increase only gets us part of the way there; the conversations with the Greater Freeport Partnership and the growth of Lamm Road TIF district and other TIF districts in the city, other economic zones is the important piece because bringing new blood, new money in the community, new jobs will fund all this."

This is basically the same argument that has always been used by City officials when they want to use home rule to raise the sales on the rest of us living in the city...or at least on those who have no choice and lack the ability to purchase goods and services outside of Freeport.

In the fall of  2009 the administration of Mayor George Gaulrapp proposed a sales tax increase at the same time the Wal-Mart and Menard's shopping complex was under construction.  Mayor Gaulrapp using the same justification, went so far as to tell the public that once these new mega-stores "come on line" this new tax "will go away."  My alderman, Tom Klemm, should remember this as plain as day.

The fact is, as stated in the prior post, "The increases in Freeeport's home rule sales tax has literally paralleled Freeport's decline."  There is an anolagy somewhere about doing the same things over and over expecting different results if my recall is correct.

Another issue I will take with Mr. Monroe's statement is where he stated, "It's just like a business."  Really?  I've worked my whole life in the private sector;  vegetable farms, manufacturing, service and distribution industries and retail, from ma and pa outfits to a Fortune 100 company and I've yet to see a private sector business that can just conjure up revenue as the City of Freeport can with home rule powers.

If Mr. Monroe can point out a business that can simply raise it's bottom line by placing an involuntary tax upon its own shareholders, I'd be interested in hearing more about that business.  If the company I work for sells considerably less product this year than last and they are short of revenue they have to make adjustments on the expense side of the ledger.  An Ivy League degree should not be needed to understand this simple business truth.

Freeport households have to behave as businesses do, very few of us have the ability, skills, or time to magically increase the stream of money coming into our homes.  If a household's expenses continue to outstrip its revenue, something has to give. 

While we citizens can do little to nothing to raise our incomes the Freeport City Manager, Mayor Jodi Mill and the Freeport City Council have little problem using home rule to pick our pockets without so much as an official public hearing much less a referendum.

How does Rock Falls,Sterling, Dixon and even Rockford mangage without home rule powers to instantly increase their revenue when the money pot runs dry?

Have Freeport administrations simply lacked or are lacking, whether mayoral or city manager, in the managereial skills of these other communities?  Or have they simply become reliant on the get out jail free card that home rule gives them, knowing they can finance every decision regardless of how poor a decision it was?

Since the turn of the century Freeport has been bleeding profusely for a number of  reasons, while all Freeport elected officials do is cling to the status quo.  It is past the time that Mayor Miller and City Manager Bloyer do the hard job of governing that's required in 2024 and bring our expenses in line with present revenue the same way practically every other Freeport business, household or public body has to do it....the home rule card has been played far too often to what appears to be the detriment of Freeport and its citizens.

There will be more to come on this issue.

As always, yours in honesty

John Samuel Cook

2024

tutty.baker@gmail.com

Pedestrians...Freeport's Second Class Citizens

There has been so much talk about the condition of Freeport streets the last few months.  I agree they are terrible, however, as a city we need a much broader conversation on our transportation needs.  Thinking we can tax our way out of this ongoing dilemma (the condition of Freeport streets have been a topic for at least the last three decades) is laughable.  The increases in Freeport's home rule sales tax has literally paralleled Freeport's decline.

One common misconception is that "everyone" or that "all" of us use Freeport roads equally.  In talking to his fellow city council members at the most recent committee of the whole meeting, alderman James Monroe said that "all of us are affected by them (bad streets)...we all drive on these horrible roads."  That's not a true statement.  Many Freeport housesholds have no automobile and have little care about the condition of Freeport streets.

Writing extensively on transportation issues in the 1990s and living in Freeport without driving a car for more than 20-years has given me a unique perspective.  I've come to the conclusion that driving a vehicle is the most goverment subsidized activity most people partake in, gas and road use taxes don't come close to covering the cost of automobile travel upon society, they never have.  Hence, those that choose not to drive are forced to subsidize those that do.  Just look at the $2.00 road fee on your water bill, despite the fact that many residents don't even have off street parking;  or the proposed sales tax hike to fix Freeport streets.  Those that, for whatever reason, don't drive must pay the aforementioned taxes all the while being treated as second class citizens.

Just take a look at the recent snowstorm and the two weeks of heavy snowpack that followed.  There were numerous places in Freeport, at both private and public parking lots, snow was pushed on to sidewalks leaving them impassable for pedestrians...despite an ordiance purportedly in place to prevent such actions.  Here are just two examples:

Yes, there is a sidewalk underneath that huge mound of snow along the east side of the 100 block of North Walnut Avenue.  What's particularly egregious about this pile of snow is that, despite a city ordinance prohibiting such activity, numerous Freeport police officers had to see this mountain of snow as they use the alley right across the street, to enter and exit the police station parking lot.

Here is another pile of snow plowed from a private lot onto the sidewalk on the east side of Locust Avenue, near the foot of Lincoln Boulevard.  As a matter fact, pedestrians coming from the west on Lincoln wishing to get downtown, had no easy route to the foot of Main Street, they had to climb over the snow piles the plows had pushed up.

Larger intersections are as much, or more of a challenge for pedestrians, as the islands they rely upon to keep them from getting killed are never cleaned of snow and ice in Freeport, just the opposite, they are used to collect the snow. (the picture below was taken after much of the snow had melted)

We spend thousands of dollars in equipment and manhours hauling snow from downtown when it's not much of an impediment to vehicle or pedestrian commerce.  Couldn't some of these resources be used where the need is more urgent?

Despite being taxed heavily for "roads" those in Freeport without cars have a very difficult time conducting the necessary commerce that many Freeport drivers take for granted.  Freeport drivers can expect to have the roads cleared of snow and ice while Freeport pedestrians can  expect the snow and ice to be plowed up becoming obstacles for them to overcome...if they're young and healthy enough to contemplate a winter walk in Freeport.

Freeport is a small enough town that it should be easy to conduct at least some commerce by foot.  However, in the newer parts of Freeport pedestrian accessibility appears to have  never been contemplated, despite the city council spending huge sums on "transportation" projects and looking to spend yet more.

A common problem cited by Freeport employers is the lack transportation for their workforce.  Many people taking Freeport's entry level jobs do not have their own cars.  I'd like to see the mayor or any member the city council walk from Farm and Fleet to Starbucks, it's only a short distance. I can cite dozens, if not a hundred short distance walks that are darn near impossible for anyone without youthful athleticism.  Just try to walk to the nearest neighborhood elementary school in any weather and consider what pedestrians, many of them children, are up against.

If people can conduct more business by foot it is is good for all involved.  Walking is good for one's health, not driving saves money for the individual and the community. Freeport taxpayers have paid for numerous recreational walking trails, however we need a much greater emphasis on improving our infrastructure to make walking for commerce--point A to point B trips--possible and more inviting to all Freeport residents and visitors.

While the 2024-2026 City of Freeport Strategic Vision and Goals, as adopted by the Freeport City Council, plainly states "Whether you drive a car, use Pretzel City Transit, a ride-share or taxi, ride a bike, or walk, getting around Freeport is easy." I'd like to see Freeport Mayor Jodi Miller and the Freeport City Council begin working to make their certified statement something beyond fiction.

As always, yours in honesty

John Samuel Cook

2024

tutty.baker@gmail.com