Public bodies such as Wheeling City Council are required, by law, to follow certain rules and procedures in how they vote -- particularly when public money is being spent.
One of those procedures deals with any agenda item that will come up for a vote, either by the full council or one of its committees. For that vote to legally take place, the item must be listed on council's or the committee's agenda -- or it must be approved as an emergency measure.
That is there so not only council members can be aware of upcoming legislation, but also members of the public.
Recently, though, it appears council's Health and Recreation Committee fell afoul of these rules. Councilman Dave Palmer has questioned the legality of a vote from May 12 where the committee gave its approval for two new splash pads to be built in Wheeling -- and at Heritage Port, and one in Warwood. The splash pad projects were not on the agenda for discussion, and Palmer is now questioning whether the city should start the process over.
"This was not on the (Health and Recreation) agenda. Is that a proper thing to do or is that a legal thing to do? Can they take that action when it's not on the agenda?" Palmer asked.
"Any items that are not on the agenda are not subject to official votes of business of the body, whatever the topic or the subject matter is," City Solicitor Rosemary Humway-Warmuth said.
Councilwoman Rosemary Ketchum called the splash pads not being on the committee's agenda a "technicality."
"It was intended to be on the agenda, but mistakenly not added," she said.
Time is of the essence, as the splash pad projects are on Tuesday's City Council agenda for approval. Palmer also questions just how the determination to use American Rescue Plan funds for the work was made, as the project's funding never came before the Finance Committee, which he chairs.
It's clear mistakes were made during this process. The right thing for Wheeling leaders to do, for the sake of transparency, would be to restart the process and legally list all agenda items.