Peru mayor presents veto statement to council’s decision to appoint full-time attorney

Peru Mayor Ken Kolowski presented his written statement at Monday’s City Council meeting explaining why he vetoed the aldermen’s decision to appoint current Corporate Counsel Scott Schweickert to a full-time position.

At the last council meeting Sept. 12, aldermen voted 8-0 in favor of adopting an ordinance editing the language of the corporate counsel position and 7-1 on a second ordinance to accept an employment agreement with Schweickert. Kolowski vetoed both decisions.

In his statement, Kolowski said he made the decision in the best interest of the citizens of Peru. He said he does not want to change the system and employing a full-time attorney would likely increase city expenses.

Some aldermen and the mayor disagreed on whether the appointment would save the city money.

Schweickert’s proposed employee agreement says he would be hired full-time and give up his private practice in exchange for a $150,000 salary, along with benefits and paid vacation. However, there are other additional costs to the city including insurance benefits, bar and other professional association dues, malpractice insurance, office supplies, a computer, legal software, paid sick leave, paid vacation, among other costs.

All associated expenses are projected to cost the city $220,453 annually for Schweickert to be full-time, according to projections from city staff. This estimate does not consider annual raises and pension.

Schweickert is billed per hour based on how often the city needs legal counsel. The past six billing years are as follows, according to city records: $81,434 in 2017, $128,016 in 2018, $147,282 in 2019, $175,687 in 2020 and $149,324 in 2021. As of August of this year, the city has been billed for $178,586 for Schweickert’s services.

Alderman Bob Tieman said he’s talked with residents in Peru and people outside the city about the topic. To do his job by the citizens of Peru, he said he looked past the numbers and came to the conclusion it’s worth it to have a full-time attorney and said the city needs it.

Tieman said there’s potential value in Schweickert because he could take on economic development duties for the city. Alderman Jim Lukosus said the cost savings also come into play when considering the amount of work that needs to be done rewriting ordinances in addition to legal counsel, and he said taking Schweickert on full-time would reduce long-term costs of those jobs.

Another point Kolowski made in his statement is the city’s payroll is growing faster than its revenue, and appointing Schweickert full-time would increase the city’s payroll. City payroll has grown by 18.5% over the past five years while the overall revenue generation grew by 12.76%. Those figures do not include Schweickert’s potential position.

Kolowski also said the city should continue to follow its hiring process.

“That policy starts by posting the job, reviewing applications and having the mayor hire with advice and consent of the council, not the other way around,” Kolowski said in his statement.

Another objection listed by Kolowski was the employment agreement with Schweickert was presented by Schweickert himself and not negotiated by the city. Kolowski specifically mentions the 20-week severance package, estimated to be $60,000, which is a special condition inconsistent with other departments at the city.

“I view this as unfair to every other employee at the city of Peru and an unfair requirement for the citizens of Peru to pay in case of termination,” Kolowski said in his statement.

Alderman Aaron Buffo, the one dissent vote to approve Schweickert’s employee agreement, said he has a problem with the 20-week severance package and the city didn’t offer the job for applications.

The decision to make the corporate counsel a full-time position was brought up about three years ago and the council voted no at the time. Buffo asked the aldermen who were there three years ago why they changed their mind.

To address Buffo’s question, Alderman Tom Payton said he didn’t know what Schweickert’s future looked like and whether he would stay in Peru. Alderman Mike Sapienza said he and his fellow aldermen didn’t know Schweickert very well at the time, but said now he knows Schweickert’s dedication to the city and said he’s proved himself worthy for the position.

“It would be financially foolish not to hire Schweickert as our full-time attorney, both because of financial reasons and for the character, work ethic and dedication to Peru he has,” Sapienza said.

The council will vote again on whether to appoint Schweickert to full-time city attorney at the next council meeting at 7 p.m. Monday, Oct. 10, at 1901 Fourth St. in Peru.