MINUTES OF THE EDUCATION OFFICERS ELECTORAL BOARD HEARINGS FOR SIX-YEAR TERM CANDIDATES OF COMMUNITY COLLEGE DISTRICT #502
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1 BOARD OF TRUSTEES OF COMMUNITY COLLEGE DISTRICT NO. 502 COUNTIES OF DuPAGE, COOK AND WILL, STATE OF ILLINOIS Approved 03/19/09 MINUTES OF THE EDUCATION OFFICERS ELECTORAL BOARD HEARINGS FOR SIX-YEAR TERM CANDIDATES OF COMMUNITY COLLEGE DISTRICT #502 TUESDAY, FEBRUARY 17, :30 P.M. HELD ON CAMPUS IN THE STUDENT RESOURCE CENTER, SRC-2052, 425 FAWELL BLVD., GLEN ELLYN, IL CALL TO ORDER: BEGIN SIX-YEAR TERM CANDIDATES ELECTORAL BOARD HEARING At 3:30 p.m., the Education Officers Electoral Board Hearing for the Six-Year Term Candidates in Community College District #502 was called to order by Mark Nowak, Chairman of the Electoral Board. (Complete comments attached to permanent A.M. 02/17/09 Education Officers Electoral Board packet of materials.) LEGAL MAKE-UP OF SIX-YEAR TERM EDUCATION OFFICERS ELECTORAL BOARD By law, the Six-Year Term Candidates Electoral Board consists of the Board Chairman (Mark Nowak), the Board Secretary (Karen V. Neely), and the Board Member with the longest continuous term of service (Kathy A. Wessel). ROLL CALL Present: Member Neely, Member Wessel, and Chairman Nowak. Absent: None. Serving as Attorneys for the Education Officers Electoral Board were Mr. Kenneth Florey and Ms. Sara Gadola of the College s law firm Robbins, Schwartz, Nicholas, Lifton & Taylor. Also present was Barbara Johnston, Court Reporter. REASON FOR SIX-YEAR TERM EDUCATION OFFICERS ELECTORAL BOARD HEARING This Board was called into session pursuant to the Call made by Chairman Nowak after objections were filed regarding the validity of petitions for candidates for the office of Board Member of Community College District #502 for the April 7, 2009 Consolidated Election. ADOPTION OF ELECTORAL BOARD HEARING RULES Neely moved, Wessel seconded, THAT THE EDUCATION OFFICERS ELECTORAL BOARD ADOPT THE RULES FOR THE ELECTORAL BOARD HEARING. On voice vote, motion carried unanimously. (Rules were entered as Board s Exhibit 1 for each case.) These rules were prepared by Attorney Florey. They are standard rules used by Electoral Boards across the State of Illinois, including the State Board of Elections, the Cook County Officers Electoral Board, and the Chicago Board of Election Commissioners. Copies of these rules were made available to the public at 9:00 a.m. on Tuesday, February 10, 2009, and at 10:00 a.m. on Page 1 of 9
2 Tuesday, February 17, They were also personally delivered to the parties and the Board Members along with the Call for this Hearing. NO PUBLIC COMMENTS Chairman Nowak made the following statement: Today s meeting is an open meeting under the Open Meetings Act in that any member of the public may attend the meeting but there is no public comment portion of the meeting. Today s meeting also is a quasi-judicial proceeding under the Illinois Election Code and, therefore, proper courtroom-like decorum must be observed. At the last meeting, members of the public did not act appropriately. Today, we will not tolerate any in appropriate behavior such as clapping, yelling out, or any other outburst which disrupts today s proceedings. Any person who fails to follow these rules of decorum will be escorted out of the meeting. 1. CASE NUMBER , KORY ATKINSON v. TOM WENDORF Present: Objector Atkinson and Candidate Wendorf. OBJECTION: Objector Atkinson objected that Candidate Wendorf has filed nomination papers using two different variations of his name; i.e., Tom Wendorf and Thomas A. Wendorf. STATEMENTS: Statements were made by Objector Atkinson and Candidate Wendorf. RECORD EXAMINATION: The record examination by independent counsel Steven M. Ruffalo, pursuant to the Board Rules, showed that Candidate Wendorf filed 126 signatures and had 69 valid signatures using the name Tom Wendorf. There were 47 signatures on the sheets using the name Thomas A. Wendorf. The Board accepted the results of the record examination and struck the petitions sheets that contain the name Thomas A. Wendorf. Thus, the accepted nominating papers contain 69 valid signatures, or 19 more than the required number of 50 signatures. MOTIONS: Wessel moved, Neely seconded, THAT THE EDUCATION OFFICERS ELECTORAL REVIEW BOARD OVERRULE THE OBJECTIONS DECREED BY OBJECTOR ATKINSON BECAUSE THERE ARE, IN FACT, MORE THAN 50 REQUIRED SIGNATURES ON CANDIDATE WENDORF S NOMINATING PETITIONS. On voice vote, Wessel yes, Neely yes, McKinnon yes. Motion carried unanimously. DECISION: Therefore, Nomination Papers of Candidate Wendorf are ruled VALID. Page 2 of 9
3 ADOPTION OF WRITTEN DECISIONS CASE NUMBER KORY ATKINSON v. TERREL BARNES MOTION: Neely moved, Wessel seconded, THAT THE EDUCATION OFFICERS ELECTORAL REVIEW BOARD ADOPT THE WRITTEN DECISION TO SUSTAIN THE OBJECTIONS OF OBJECTOR ATKINSON TO THE NOMINATION PAPERS OF CANDIDATE BARNES. On voice vote, McKinnon yes, Neely yes, Wessel yes. Motion carried unanimously. The Board received a written, notarized withdrawal from Candidate Barnes at his hearing on February 17, Therefore, Nomination Papers of Candidate Barnes are ruled INVALID. CASE NNUMBER , KORY ATKINSON v. KIM SAVAGE MOTION: Wessel moved, Neely seconded, THAT THE EDUCATION OFFICERS ELECTORAL REVIEW BOARD ADOPT THE WRITTEN DECISION TO OVERRULE THE OBJECTIONS OF OBJECTOR ATKINSON TO THE NOMINATION PAPER OF CANDIDATE SAVAGE. On voice vote, McKinnon yes, Neely yes, Wessel yes. Motion carried unanimously. Therefore, Nomination Papers of Candidate Savage are ruled VALID. CASE NUMBER , KORY ATKINSON v. TOM WENDORF MOTION: Wessel moved, Neely seconded, THAT THE EDUCATION OFFICERS ELECTORAL REVIEW BOARD ADOPT THE WRITTEN DECISION TO OVERRULE THE OBJECTIONS OF OBJECTOR ATKINSON TO THE NOMINATION PAPERS OF CANDIDATE WENDORF. On voice vote, McKinnon yes, Neely yes, Wessel yes. Motion carried unanimously. Therefore, Nomination Papers of Candidate Wendorf are ruled VALID. ADJOURN SIX-YEAR TERM HEARING At 3:50 p.m., Wessel moved, Neely seconded, THAT THE SIX-YEAR TERM HEARING BE ADJOURNED. On voice vote, motion to adjourn the Six-Year Term Hearing carried unanimously. Minutes Taken By: Karen V. Neely, Education Officers Electoral Board Member Approved: 03/19/09 Approval By: Mark Nowak, Education Officers Electoral Board Chairman for Six-Year Term Candidates Page 3 of 9
4 BOARD OF TRUSTEES OF COMMUNITY COLLEGE DISTRICT NO. 502 COUNTIES OF DuPAGE, COOK AND WILL, STATE OF ILLINOIS MINUTES OF THE EDUCATION OFFICERS ELECTORAL BOARD HEARINGS FOR TWO-YEAR TERM CANDIDATES OF COMMUNITY COLLEGE DISTRICT #502 TUESDAY, FEBRUARY 17, :52 P.M. HELD ON CAMPUS IN THE STUDENT RESOURCE CENTER, SRC-2052, 425 FAWELL BLVD., GLEN ELLYN, IL CALL TO ORDER: BEGIN TWO-YEAR TERM CANDIDATES EDUCATION OFFICERS ELECTORAL BOARD HEARINGS At 3:52 p.m., the Education Officers Electoral Board Hearings for the Two-Year Term Candidates in Community College District #502 was called to order by Micheal E. McKinnon, Chairman of the Electoral Board. (Complete comments attached to permanent P.M. 02/17/09 Education Officers Electoral Board packet of materials.) LEGAL MAKE-UP OF TWO-YEAR TERM EDUCATION OFFICERS ELECTORAL BOARD By law, the Two-Year Term Candidates Electoral Board consists of the Board Chairman (Micheal E. McKinnon), the Board Secretary (Karen V. Neely), and the Board Member with the longest continuous term of service (Kathy A. Wessel). ROLL CALL Present: Member Neely, Member Wessel, and Chairman McKinnon. Absent: None. Serving as Attorneys for the Education Officers Electoral Board were Mr. Kenneth Florey and Ms. Sara Gadola of the College s law firm Robbins, Schwartz, Nicholas, Lifton & Taylor. Also present was Barbara Johnston, Court Reporter. REASON FOR TWO-YEAR TERM EDUCATION OFFICERS ELECTORAL BOARD HEARING This Board was called into session pursuant to the Call made by Chairman McKinnon after objections were filed regarding the validity of petitions for candidates for the office of Board Member of Community College District #502 for the April 7, 2009 Consolidated Election. ADOPTION OF ELECTORAL BOARD HEARING RULES Neely moved, Wessel seconded, THAT THE EDUCATION OFFICERS ELECTORAL BOARD ADOPT THE RULES FOR THE ELECTORAL BOARD HEARING. On voice vote, motion carried unanimously. (Rules were entered as Board s Exhibit 1 for each case.) These rules were prepared by Attorney Florey. They are standard rules used by Electoral Boards across the State of Illinois, including the State Board of Elections, the Cook County Officers Electoral Board, and the Chicago Board of Election Commissioners. Copies of these rules were made available to the public at 9:00 a.m. on Tuesday, February 10, 2009, and at 10:00 a.m. on Tuesday, February 17, They were also personally delivered to the parties and the Board Members along with the Call for this Hearing. Page 4 of 9
5 NO PUBLIC COMMENTS Chairman McKinnon made the following statement: Today s meeting is an open meeting under the Open Meetings Act in that any member of the public may attend the meeting but there is no public comment portion of the meeting. Today s meeting also is a quasi-judicial proceeding under the Illinois Election Code and, therefore, proper courtroom-like decorum must be observed. At the last meeting, members of the public did not act appropriately. Today, we will not tolerate any in appropriate behavior such as clapping, yelling out, or any other outburst which disrupts today s proceedings. Any person who fails to follow these rules of decorum will be escorted out of the meeting. ADOPTION OF WRITTEN DECISIONS CASE NUMBER , KORY ATKINSON v. JEFFREY HANDEL MOTION: Neely moved, Wessel seconded, THAT THE EDUCATION OFFICERS ELECTORAL REVIEW BOARD ADOPT THE WRITTEN DECISION TO OVERRULE THE OBJECTIONS OF OBJECTOR ATKINSON TO THE NOMINATION PAPER OF CANDIDATE HANDEL. On voice vote, McKinnon yes, Neely yes, Wessel yes. Motion carried unanimously. Therefore, Nomination Papers of Candidate Handel are ruled VALID. CASE NUMBER KORY ATKINSON v. GINO IMPELLEZZERI MOTION: Neely moved, Wessel seconded, THAT THE EDUCATION OFFICERS ELECTORAL REVIEW BOARD ADOPT THE WRITTEN DECISION TO SUSTAIN THE OBJECTIONS OF OBJECTOR ATKINSON TO THE NOMINATION PAPERS OF CANDIDATE IMPELLEZZERI. On voice vote, McKinnon yes, Neely yes, Wessel yes. Motion carried unanimously. Therefore, Nomination Papers of Candidate Impellezzeri are ruled INVALID. CASE NUMBER , DANIEL CHAMBERS v. MARK NOWAK MOTION: Neely moved, Wessel seconded, THAT THE THAT THE EDUCATION OFFICERS ELECTORAL REVIEW BOARD ADOPT THE WRITTEN DECISION TO OVERRULE THE OBJECTIONS OF OBJECTOR CHAMBERS TO THE NOMINATION PAPERS OF CANDIDATE NOWAK. On voice vote, McKinnon yes, Neely yes, Wessel yes. Motion carried unanimously. Therefore, Nomination Papers of Candidate Nowak are ruled VALID. HEARING FOR CASE NUMBER , KORY ATKINSON v. SANDY KIM Present: Objector Atkinson and Candidate Kim. OBJECTION: Objector Atkinson objected that Candidate Kim has filed a false Statement of Candidacy with regard to her statement that she is a qualified voter residing in West Chicago, Illinois. Objector believes candidate actually lives in Bartlett, Illinois which is outside of said district. Candidate Kim will make no comment until her Attorney is present; she requested a continuance until 1:00 p.m. when her attorney can be present. Electoral Board agreed with request for continuance. STATEMENTS: Statements were made by Objector Atkinson and Attorney for Candidate Kim. Candidate Kim offered several exhibits and affidavits which attested to her residency in West Chicago for the requisite period of at least one year prior to the April 7, 2009 Consolidated Election. Page 5 of 9
6 MOTIONS: Neely moved, McKinnon seconded, THAT THE EDUCATION OFFICERS ELECTORAL BOARD OVERRULE OBJECTOR ATKINSON S MOTION TO EXCUSE MEMBERS MCKINNON AND NEELY FROM SERVING ON THIS ELECTORAL REVIEW BOARD DUE TO SUBSTANTIAL PECUNIARY INTEREST. On voice vote, Neely yes, McKinnon yes, Wessel no. Motion carried. Neely moved, McKinnon seconded, THAT THE EDUCATION OFFICERS ELECTORAL BOARD OVERRULE CANDIDATE KIM S MOTION TO DISQUALIFY MICHEAL MCKINNON FROM PARTICIPATING AND TO DISSOLVE IMPROPERLY EMPANELLED ELECTORAL BOARD. On voice vote, Neely yes, McKinnon yes, Wessel no. Motion carried. Neely moved, Wessel seconded, THAT THE EDUCATION OFFICERS ELECTORAL BOARD DENY OBJECTOR ATKINSON S REQUEST TO DENY CANDIDATE S MOTION TO QUASH SUBPOENAS. On voice vote, Neely no, Wessel no, McKinnon yes. Motion failed. Neely moved, McKinnon seconded, THAT THE EDUCATION OFFICERS ELECTORAL BOARD UPHOLD CANDIDATE KIM S MOTION TO QUASH SUBPOENAS. On voice vote, Neely yes, Wessel yes, McKinnon no. Motion carried. Neely moved, Wessel seconded, THAT THE EDUCATION OFFICERS ELECTORAL BOARD UPHOLD OBJECTOR ATKINSON S MOTION TO WITHDRAW PART OF VERIFIED OBJECTION PETITIONS. On voice vote, Neely yes, Wessel yes, McKinnon yes. Motion carried. RECESS HEARING At 5:05 p.m., Neely moved, Wessel seconded THAT THE EDUCATION OFFICERS ELECTORAL REVIEW BOARD RECESS. On voice vote, motion carried unanimously. RETURN TO HEARING At 5:15 p.m., McKinnon moved, Neely seconded, THAT THE EDUCATION OFFICERS ELECTORAL REVIEW BOARD RETURN TO THE HEARING. On voice vote, motion carried unanimously. OBJECTOR ATKINSON S ARGUMENTS FOR THE MERITS OF THIS CASE Objector Atkinson stated his arguments for the merits of this case. MOTION: McKinnon moved, Neely seconded THAT THE EDUCATION OFFICERS ELECTORAL REVIEW BOARD ACCEPT EXHIBIT 6. On voice vote, Neely no, Wessel no, McKinnon yes. Motion failed. MOTION TO ALLOW CANDIDATE KIM S TESTIMONY McKinnon moved, Neely seconded, THAT CANDIDATE KIM BE ALLOWED TO GIVE HER TESTIMONY IN RESPONSE TO OBJECTOR ATKINSON S ARGUMENTS AND QUESTIONS. On voice vote, McKinnon yes, Neely yes, Wessel no. Motion carried. Page 6 of 9
7 CANDIDATE KIM S TESTIMONY Candidate Kim answered questions presented by Objector Atkinson. MOTIONS: Wessel moved, Neely seconded, THAT THE EDUCATION OFFICERS ELECTORAL REVIEW BOARD OVERRULE OBJECTOR ATKINSON S LINE OF QUESTIONING TO CANDIDATE KIM. On voice vote, McKinnon no, Neely yes, Wessel yes. Motion carried. McKinnon moved, Neely seconded, THAT THE EDUCATION OFFICERS ELECTORAL REVIEW BOARD HEAR BOTH SIDES OF THE CASE. On voice vote, McKinnon yes, Neely yes, Wessel no. Motion carried. Wessel moved, Neely seconded, THAT CANDIDATE KIM S MOTION FOR DIRECTED VERDICT BE GRANTED. On voice vote, McKinnon no, Neely no, Wessel yes. Motion failed. RECESS HEARING At 6:34 p.m., Neely moved, Wessel seconded THAT THE EDUCATION OFFICERS ELECTORAL REVIEW BOARD RECESS. On voice vote, motion carried unanimously. RETURN TO HEARING At 6:51 p.m., McKinnon moved, Neely seconded, THAT THE EDUCATION OFFICERS ELECTORAL REVIEW BOARD RETURN TO THE HEARING. On voice vote, motion carried unanimously. ATTORNEY REPRESENTATION From this point forward, until the adjournment of this hearing, Attorney Sara Gadola of the College s law firm Robbins, Schwartz, Nicholas, Lifton & Taylor represented the Education Officers Electoral Review Board. AFFIDAVITS ON BEHALF OF CANDIDATE KIM Candidate Kim s Attorney provided the Education Officers Electoral Review Board with affidavits substantiating the West Chicago residency of Candidate Kim. MOTIONS: McKinnon moved, Neely seconded, THAT THE EDUCATION OFFICERS ELECTORAL REVIEW BOARD ACCEPT THE AFFIDAVIT OF IAN RICHTER, TENANT IN CANDIDATE KIM S WEST CHICAGO APARTMENT BUILDING, WITH THE EXCEPTION OF THE FIRST SENTENCE IN PARAGRAPH 3. On voice vote, McKinnon yes, Wessel yes, Neely yes. Motion carried unanimously. McKinnon moved, Neely seconded, THAT THE EDUCATION OFFICERS ELECTORAL REVIEW BOARD ACCEPT THE AFFIDAVIT OF SANDY RICHTER, TENANT IN CANDIDATE KIM S WEST CHICAGO APARTMENT BUILDING, WITH THE EXCEPTION OF THE FIRST SENTENCE IN PARAGRAPH 3. On voice vote, McKinnon yes, Wessel yes, Neely yes. Motion carried unanimously. Page 7 of 9 McKinnon moved, Wessel seconded, THAT THE EDUCATION OFFICERS ELECTORAL REVIEW BOARD ACCEPT THE AFFIDAVIT OF YUNG KIM IN WHOLE. On voice vote, McKinnon yes, Wessel yes, Neely yes. Motion carried unanimously.
8 McKinnon moved, Wessel seconded, THAT THE EDUCATION OFFICERS ELECTORAL REVIEW BOARD ACCEPT EXHIBITS J AND K. On voice vote, McKinnon yes, Wessel yes, Neely yes. Motion carried unanimously. CLOSING STATEMENTS Objector Atkinson and Attorney for Candidate Kim made their closing statements. MOTION: Wessel moved, Neely seconded, THAT THE EDUCATION OFFICERS ELECTORAL REVIEW BOARD OVERRULE THE OBJECTIONS OF OBJECTOR ATKINSON TO THE NOMINATION PAPERS OF CANDIDATE KIM. On voice vote, Wessel yes, Neely yes, McKinnon no. Motion carried. DECISION: Therefore, Nomination Papers of Candidate Kim are ruled VALID. RECESS HEARING At 7:50 p.m., Wessel moved, Neely seconded THAT THE EDUCATION OFFICERS ELECTORAL REVIEW BOARD RECESS AND RETURN TO ADOPT LEGAL DOCUMENT OF CANDIDATE KIM HEARING DECISION. On voice vote, motion carried unanimously. RETURN TO HEARING At 8:34 p.m., McKinnon moved, Neely seconded, THAT THE EDUCATION OFFICERS ELECTORAL REVIEW BOARD RETURN TO THE HEARING. On voice vote, motion carried unanimously. ADOPTION OF WRITTEN DECISION CASE NUMBER , KORY ATKINSON v. SANDY KIM MOTION: Neely moved, Wessel seconded, THAT THE EDUCATION OFFICERS ELECTORAL REVIEW BOARD ADOPT THE WRITTEN DECISION TO OVERRULE THE OBJECTIONS OF OBJECTOR ATKINSON TO THE NOMINATION PAPER OF CANDIDATE KIM. On voice vote, McKinnon no, Neely yes, Wessel yes. Motion carried. Therefore, Nomination Papers of Candidate Kim are ruled VALID. Page 8 of 9
9 ADJOURN TWO-YEAR TERM HEARING At 8:35 p.m., McKinnon moved, Wessel seconded, THAT THE TWO-YEAR TERM HEARING BE ADJOURNED. On voice vote, motion to adjourn the Two-Year Term Hearing carried unanimously. Minutes Taken By: Karen V. Neely, Education Officers Electoral Board Member Approved: 03/19/09 Approval By: Micheal E. McKinnon, Education Officers Electoral Board Chairman for Two- Year Term Candidates Page 9 of 9
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