Taking a look at fire and police commissioner eligibility

With retired teacher, coach and driving instructor Kerry Anders out and long-time politico Mike McLaughlin in on the Board of Fire and Police Commissioners, perhaps Mayor Mike Troup and the Quincy City Council now have a golden opportunity to reexamine the eligibility for such positions.

Troup initially proposed Jason Finney to take Anders’ seat.  Finney, a former alderman, would have been a good pick for many reasons, among them to continue the tradition of minority membership on the board.  Diversity alone should never be THE criterion for membership. However, with the disproportionate number of minorities who are arrested and in prison, broad-based community relations and the effort to hire more officers of color takes on more importance.

The voice of Finney, as was Anders, is important to our community when picking police officers and especially a chief.  That voice has been lost.

Finney, a human services caseworker for the Illinois Department of Human Services, was disqualified because Section 40.082 of the Quincy Municipal Code reads: “No person holding a lucrative office under the United States, this state or any political subdivision thereof, or a municipality, shall be a member of the Board of Fire and Police Commissioners or the Secretary thereof.”  

The “lucrative office” language scuttled the Finney appointment. 

But should it?

Quincy’s “lucrative office” language was derived from a state law that governs boards of fire and police commissioners.  It’s Section 10-2.1-3 (65 ILCS 5/10-2.1-3).  

Years ago, the City Council opted to bypass state law and adopt its own provisions for the board.  Section 40.104 of the Quincy Municipal Code says the city was using its home rule power to preempt or override state law, including Section 10-2.1-3, and so it did.  Even so, it picked bits and pieces from state law including the “lucrative office” language at one time on the books.  

State law dumped the “lucrative office” limitation years ago.  Section 10-2.1-3 now reads: “No person holding an office under a municipality shall be a member of the board of fire and police commissioners or the secretary thereof.” That means no more “lucrative office” limitation under state law, but it remains in the Quincy Municipal Code.

Troup called Finney’s disqualification a “gray area.” Wouldn’t Finney have had a better chance to accept the nomination had Quincy adopted the current language from state law? That’s for the city’s attorneys and the ones they sub-contract to decide.

Finney’s employment as a state human services caseworker isn’t really an “office under a municipality.”  State law (65 ILCS 5/1-1-2) also adds that a “‘municipality’ does not include a township, town when used as the equivalent of a township, incorporated town that has superseded a civil township, county, school district, park district, sanitary district or any other similar governmental district.” 

Seems like that would make a whole lot of folks eligible to serve on the Board, including Finney.

State employees have been on the Quincy City Council before. Democrats Terry Grussenmeyer, Steve Duesterhaus and the late Raymond “Skip” Vahlkamp come to mind. Members of the Quincy Fire Department also are eligible to serve on the City Council. Firefighter Jerry Smith ran for alderman back in 2013.

So some state workers and some city employees can serve on the city’s top legislative body, but they can’t serve on what is, in essence, a sub-committee? Government is funny.

So why not consider removing some limitations? I mean, a city employee being on the body that determines his or her salary and benefits doesn’t seem right, but why not from other governmental bodies (non-elected) unless there is a more direct conflict such as funding? Other than perhaps barring from appointment another elected office holder or a City of Quincy employee. 

Fewer are willing to serve in non-paying or low-paying public service roles these days.   We can’t afford retaining an outdated provision restricting eligibility. 

The Police and Fire Commission should be free to conduct the testing and interviews necessary to fill positions and promote within the ranks. There needs to be a check and balance to prevent political shenanigans.

Finney’s now-aborted appointment was more questionable because of his friendship with a member of QPD who has ambitions to be the next chief than it was due to his state employment.

But that’s a column for another day.

Another change may be warranted. Some suggest members of the board should be reappointed so long as they wish to continue to serve, but evergreen appointments are never healthy in such positions.  Limiting members to a couple of terms would seem plenty enough.      

It does the Quincy community a disservice when an appointment as important as a member of the Board of Fire and Police Commissioners is approved by a 7-5-1 vote (Alderman Mike Farha (R-4th Ward) was absent…again).  We’ve had enough 51-49 governance.  Our chiefs need the support of an independent board that enjoys wide consensus and approval.  

A little less “just hearing” and a bit “more listening” of each other by the mayor, aldermen and board members wouldn’t hurt.  Who might take a first step?  

J. Robert Gough is the publisher/general manager of Muddy River News.