Board of Aldermen 05-25-2021 Page 41
Alderman Lopez
OK | just wanted to clarify because | understand what you are saying about we can’t just arbitrarily make
decisions about what we think will happen at City Hall without actually providing some kind of guideline or law
that we ask you to review and vet.
Attorney Bolton
But they are not guidelines. A guideline is something entirely different. Ordinance is law, guideline is
recommendation, guideline is you hope you do this.
Alderman Lopez
OK well the existing recommendations as the Board of Public Health has laid them out are that we remind the
public and support local businesses that may choose to operate in a certain manner. So that was my intention
was to point out that businesses do still have the right to operate as they see fit. Private individuals do not have
the right to tell them how to operate their businesses. In terms of public buildings, it is your legal opinion that
we wouldn’t just make rules without consulting the public. We would need to run it by Legal and put that in the
form of an ordinance.
Attorney Bolton
You don’t have to run it by Legal, that’s generally the procedure, but you can write it yourself if it is your desire.
So it is not essential that the Legal Department write these things; we are willing to, we do that on a regular
basis. But that’s not required. For most ordinances it is not required to have a public hearing. Your practice
has been to at your meetings allow public comment and to that extent the public gets ample opportunity but
that’s most often not required. And as | say, there’s no enforcement mechanism at all in these
recommendations. Whether they get sort of appended to this repeal ordinance or not, any violation of those
recommendations are not punishable.
Alderman Lopez
Thank you Attorney Bolton. Then | mean | reiterate that it is my opinion that if Public Health makes
recommendations, that is there job that’s their role, it is prudent to consider those recommendations and
include them in the language, understanding that as Attorney Bolton has pointed out they are not
recommendations, not the individual ordinances.
President Wilshire
OK are you all set Alderman Lopez?
Alderman Lopez
Yes, thank you.
President Wilshire
Thank you. Anyone else that wishes to speak on the amendment. Alderwoman Kelly.
Alderwoman Kelly
Thank you. Through you to Attorney Bolton | just had a clarifying question around the school buildings. The
recommendation from public health that they would like to leave it up to the Board of Education. Just wanted to
make sure legally they have that authority.
