How to get around local elections

On December 17, 2018 Arlington Heights Village Trustee Glasgow resigned from the village board as of January 1, leaving a vacancy on the board just prior to the municipal election of April 2, 2019. Five candidates have filed valid petitions with the Village Clerk for the four open trustee seats this election. 

 

This is an opportunity to allow voters to fill that vacant seat as well with the candidate who receives the lowest popular vote in the upcoming election. As any other replacement appointed by the President is certainly less democratic than allowing voters to decide all of the members on their village board.

According to the Arlington Heights Municipal Code (AHMC), Chapter 2 Elected Officers, Article II The Board of Trustees, Section 2-209 and 2-210, Vacancy in the Office of Trustee, the president has 60 days to appoint a Trustee replacement. (1), (2)

According to the AHMC, Section 2-209, Vacancy in the Office of Trustee:

a.) 'If a vacancy occurs in the office of Trustee with the unexpired portion of that term to be at least 28 months and there is at least 130 days before the next scheduled general municipal election, the vacancy shall be filled for the remainder of the term at that election'.

As of January 1, Trustee Glasgow had 28 months and 10 days remaining in his term. But, there is only 92 days until the municipal election on April 2. Since both conditions are not met, the President is allowed by the AHMC to appoint a replacement per:  

b.) 'An appointment by the President must be made within 60 days after the vacancy occurs. The appointment shall be forwarded to the corporate authorities, who must act upon that appointment within 30 days'. 

If trustee Glasgow would have resigned merely 38 days earlier, the open seat would have to be filled at the municipal election on April 2.  Even now, an appointment at 60 days and then approved by the corporate authorities at 30 days is only two days prior to the April 2nd election. It seems appropriate in this case, that in order to give more voice to the electorate, is to structure the President's appointment to be filled by the April election results that could still comply with the AHMC.

Unfortunately, President Hayes unilaterally, with no forbearance to include public input, decided to appoint Mr. Greg Padovani. There was no public notice of the open trustee position or request for applications for interviews from other residents, that may be interested in the open trustee seat. It also appears, according to local newspaper articles that President Hayes’ decision was made soon after Trustee Glasgow resigned on December 17, 2018. (3), (4)

Mr. Greg Padovani is a resident of Arlington Heights, a former board member of the Arlington Heights Chamber of Commerce, Arlington Park District, and chairman of the Veterans Memorial Committee.

Also, Mr. Greg Padovani has contributed to the village presidential campaign of Citizens for Thomas W Hayes as ‘Padovani Consulting, Ltd’. on February 16, 2013. (5)

At the Arlington Heights board meeting on January 22, 2019, I addressed the board regarding the appointment of Mr. Padovani with no attempt at public input by President Hayes. My comment was just prior to the unanimous approval by the board of the trustees.

Thank you, President Hayes

I would like to pass along a comment tonight about the process of appointing trustees to vacant board seats.

My comments tonight are about the lack of formal public input into this process of appointing trustees, to fill board vacancies. So, please accept my comment tonight on the process of this appointment, not the qualifications of the candidate.

Also, I do not dispute the authority of the president to appoint a trustee replacement.  The Arlington Heights Municipal Code says that, because of when trustee Glasgow chose to resign, the president must appoint a replacement to that vacant trustee position within 60 days from January 1 or by February 28 and then the board had another 30 days to approve that appointment.

Unfortunately, it appears this decision was already made long before January 1 even. In other words, the position was essentially filled before most residents even knew there was an opening.

There was no public posting of this vacancy, no formal request for resumes of interested, qualified residents for candidate interviews. To note: there are hundreds of qualified candidates that live in Arlington Heights.

President Hayes, talking to your friends, your neighbors, and existing board members does not constitute getting public input.

In my opinion, the president should have exhibited some restraint here and for the sake of community involvement and public input, formally interview many candidates for this open trustee vacancy. The president had until February 28.

Finally, I trust your appointment tonight will be an open-minded individual with new thoughts and ideas, and I trust he will represent all residents of Arlington Heights, those that are both above and below the median income line.

 References:

1). AHMC, Chapter 2, Elected Officers, Article II, The Board of Trustees Section 2-209, Vacancy in the Office of Trustees; a and b.

2). AHMC, Chapter 2, Elected Officers, Article II, The Board of Trustees, Section 2-210, Commencement of Term of Office

3) The Chicago Tribune, The Trib Local, January 17, 2019; Longtime community volunteer to replace outgoing village trustee, p.4.

4) The Daily Herald, Section 1, Mayor chooses a new member in Arlington Heights, p.3.

5) Illinois State Board of Elections, ‘Committee Search’, Citizens for Thomas W Hayes: https://www.elections.il.gov/InfoForCommittees.aspx