Instead of striking illegal provisions in the voter-approved E-Verify employment ordinance, Springfield City Council opted last night to repeal the controversial measure designed to require businesses to use the free federal worker verification system.
In
September, the city settled a lawsuit brought by members of the business community who took issue with provisions in the law penalizing businesses that wouldn't agree to use the software or may not have properly responded to allegations that the software isn’t being used. The suit was filed in May, three months after the measure’s narrow approval by voters.
As part of the settlement, the city agreed to remove portions of the bill it believed to be illegal, such as the penalties. At last night’s meeting, council members had two options: pass a “clean-up” bill that effectively gutted the ordinance, or repeal the bill altogether.
Before the vote for repeal, two council members expressed concern about the message it could send to residents to completely remove the ordinance from the books.
Councilman Jerry Compton said the top 10 employers in Springfield all use the system designed to ensure workers are eligible to be employed in the U.S., and expelling the ordinance could be seen as a repudiation of the practice.
Councilman Scott Bailes said he didn’t like the idea of eliminating an ordinance approved by voters, indicating it would be the second time in recent history council had moved to alter a voter-approved measure. In May, council approved a series of amendments to the city’s smoking ordinance ahead of a ballot measure calling for the repeal of the ordinance in June.
“I don’t feel good about that,” Bailes said.
Mayor Bob Stephens, Councilman Doug Burlison and Councilwoman Cindy Rushefsky, however, felt it was important not to leave remnants of the old bill intact.
“This was just a messy piece of legislation,” Rushefsky said, pointing to broad definitions of a “business entity” and “unlawful worker.”
“It just needs to be off the books," she said.
State Farm Insurance agent Joe Robles, who was one of four parties to sue the city to stop the ordinance from being enforced, argued at the meeting there was no reason not to repeal the ordinance.
“The law we have bears no resemblance to the original ordinance,” said Robles, the only member of the public to speak last night on the issue.
Passing the repeal required a unanimous vote. All eight council members voted to repeal the ordinance, removing the need to vote on the clean-up bill.
The initiative petition measure was organized by the Ozarks Minutemen, who asked council to approve the ordinance it said would prevent the hiring of illegal workers in the city - or to send the measure to voters. Last fall, a divided council voted to put the bill on the February ballot despite concerns from the city attorney that language and rules contained within the proposal were illegal. With initiative petitions, council has two options under city charter: pass the initiative, whereby council then could have amended it; or send it to the ballot. The divisive measure passed with roughly 51 percent of the vote in February. Under the charter, council cannot repeal a voter-approved ordinance within six months of its passage, and then only with a unanimous vote of council.
