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File #: 17-4717    Version: 1 Name: REQUIRING BOARD APPROVAL FOR CERTAIN CIVIL SUITS
Type: Ordinance Amendment Status: Filed
File created: 8/9/2017 In control: Legislation and Intergovernmental Relations Committee
On agenda: 9/13/2017 Final action: 11/15/2017
Title: PROPOSED ORDINANCE AMENDMENT AN AMENDMENT REQUIRING BOARD APPROVAL FOR CERTAIN CIVIL SUITS WHEREAS, the Cook County Sweetened Beverage Tax went into effect on August 2, 2017 following a legal challenge that took a month to resolve, and WHEREAS, the temporary restraining order cost the County about $17 million, and WHEREAS, Cook County filed suit against the Illinois Retail Merchants Association seeking damages in that amount, and WHEREAS, this retribution for a valid lawsuit is unacceptable, and WHEREAS, no citizen or group should face such dire consequences for filing a valid lawsuit against a government that implements any sort of tax, and WHEREAS, the Cook County State's Attorney's Office is already overly burdened, as assistant state's attorneys prosecuting misdemeanors have 5,700 cases rather than the nationally recommended 400, and WHEREAS, the County Board has the fiduciary duty to its citizens to spend County resources in a fair, reasonable manner rather than as a tool ...
Sponsors: RICHARD R. BOYKIN, TIMOTHY O. SCHNEIDER, SEAN M. MORRISON
title
PROPOSED ORDINANCE AMENDMENT

AN AMENDMENT REQUIRING BOARD APPROVAL FOR CERTAIN CIVIL SUITS

WHEREAS, the Cook County Sweetened Beverage Tax went into effect on August 2, 2017 following a legal challenge that took a month to resolve, and

WHEREAS, the temporary restraining order cost the County about $17 million, and

WHEREAS, Cook County filed suit against the Illinois Retail Merchants Association seeking damages in that amount, and

WHEREAS, this retribution for a valid lawsuit is unacceptable, and

WHEREAS, no citizen or group should face such dire consequences for filing a valid lawsuit against a government that implements any sort of tax, and

WHEREAS, the Cook County State's Attorney's Office is already overly burdened, as assistant state's attorneys prosecuting misdemeanors have 5,700 cases rather than the nationally recommended 400, and

WHEREAS, the County Board has the fiduciary duty to its citizens to spend County resources in a fair, reasonable manner rather than as a tool for retribution.

BE IT ORDAINED, by the Cook County Board of Commissioners, that Chapter 2 - Administration, Article III County Board, Division 2 Rules of Organization and Procedure, Section 2-103 Interpretation, force and effect of the Cook County Code is hereby amended as Follows:

Sec. 2-103. - Interpretation, force and effect.

(a) Applicability. The meetings and actions of the Board, including all of its committees, shall be governed by this division.

(b) Effect of State law. Except as otherwise specifically provided in this division, this division supersedes all provisions of Illinois statute to the extent of any conflict or inconsistency, except for statutes that, by their terms, specifically limit home rule units pursuant to Article VII, Section 6(g) or 6(h) of the 1970 Constitution of the State of Illinois.

(c) Effective date. This division shall be in full force and effect upon adoption, and shall remain in full force and effect except as amended in accordance...

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