Legal issues prompt dissolution of Geneva Cultural Arts Commission

The Geneva City Council on Monday unanimously approved the repeal of an ordinance that created the Cultural Arts Commission and deleted it from its list of boards and commissions.

Council members were advised to act because of limits on its authority as a non-home rule municipality to foster cultural arts in the community.

A home rule municipality can exercise any power and perform any function unless it is specifically prohibited by state law. By contrast, a non-home rule municipality only has power as allowed by state law.

"A policy discussion will be held in the future to explore what role the city of Geneva should play in the fostering of arts in the community, given those limits of authority as a non-home rule municipality," City Administrator Stephanie Dawkins said.

Second Ward Alderperson Bradley Kosirog said he would hate to see it take years to address the issue.

"I hope that we really get on replacing this with something in the not-too-distant future," Kosirog said.

Third Ward Alderperson Dean Kilburg said he wanted to thank all the volunteers who contributed to the Cultural Arts Commission from when it began in 2006.

"The service of those community members who were volunteers over 17 years was commendable," Kilburg said. "As was explained, I think the legal ramifications related to the ordinance, the complexities and the fact that we are not a home rule community contributed to the decision of the council. This is no reflection on the service and the contribution that the commission has made over several years."

Kilburg said he agreed with Kosirog that he hoped they can find a path forward with the Geneva Foundation for the Arts or some other avenue to continue to foster arts in the community.

Officials had said the commission cannot raise funds or get sponsorships as a city entity.

The Geneva Foundation for the Arts, a 501c3 nonprofit created 10 years ago, can legally do fundraising.