1 00:02:31,480 --> 00:05:07,575 I apologize. You But I turned it on. 2 00:05:07,575 --> 00:05:11,360 Excuse me. This is the electoral board hearing 3 00:05:11,360 --> 00:05:13,840 for January the seventeenth of twenty twenty three. 4 00:05:14,400 --> 00:05:15,840 And the order of business now is to 5 00:05:15,840 --> 00:05:18,080 call the the meeting to order, which I 6 00:05:18,080 --> 00:05:19,840 have done. So madam clerk, if you do 7 00:05:19,840 --> 00:05:24,080 a roll call, please. Yes. Mayor Smith? Here. 8 00:05:24,080 --> 00:05:27,635 Madam clerk Gray? Here. Trustee Hall? Here. Okay. 9 00:05:27,635 --> 00:05:32,595 We have a call. Okay. Very good. And 10 00:05:32,595 --> 00:05:35,315 board, we need the adoption of the electoral 11 00:05:35,315 --> 00:05:38,595 board rules of procedure. Mr. Mayor, I'll make 12 00:05:38,595 --> 00:05:43,370 that motion. Okay. I'll second. Alright. Very good. 13 00:05:43,610 --> 00:05:47,050 We have a motion and a second. The 14 00:05:47,050 --> 00:05:52,810 roll call, please. Mayor Smith. Yes. Madam Clerk 15 00:05:52,810 --> 00:05:57,615 Gray. Yes. Trustee Hall. Yes. Motion passes. Alright. 16 00:05:57,615 --> 00:06:01,935 Thank you. Next is citizens' comments, and I'll 17 00:06:01,935 --> 00:06:04,095 read it as I always do. Citizens wishing 18 00:06:04,095 --> 00:06:06,975 to address the electoral board with respect to 19 00:06:06,975 --> 00:06:09,569 any questions or statements are asked to sign 20 00:06:09,569 --> 00:06:11,650 up in advance with the deputy village clerk 21 00:06:11,650 --> 00:06:14,129 prior to the hearing. Comments will be limited 22 00:06:14,129 --> 00:06:17,090 to three minutes for each speaker. Do we 23 00:06:17,090 --> 00:06:19,969 have any speakers? Yes. We have three. Okay. 24 00:06:19,969 --> 00:06:22,289 Very good. You may call your first speaker. 25 00:06:22,289 --> 00:06:31,955 Gary Wilson. Good day, Mister mayor, rest of 26 00:06:31,955 --> 00:06:34,835 the board. I've kind of used a of 27 00:06:34,835 --> 00:06:37,960 times I'll sit back listen and watch as 28 00:06:37,960 --> 00:06:39,560 a prior board member some of the things 29 00:06:39,560 --> 00:06:42,280 that are going on. Several years ago, or 30 00:06:42,280 --> 00:06:43,400 I guess three or four years ago when 31 00:06:43,400 --> 00:06:45,480 this petition came up to go into district, 32 00:06:46,520 --> 00:06:48,040 I'll be honest, I was not in favor 33 00:06:48,040 --> 00:06:49,560 of it because I don't feel that it's 34 00:06:49,560 --> 00:06:52,715 a true representation of Rantoul. And I think 35 00:06:52,715 --> 00:06:57,195 that this, going into districts is not only 36 00:06:57,275 --> 00:06:59,835 not made Rantoul better, but it's divided. I 37 00:06:59,835 --> 00:07:03,435 think that, this has divided the people into 38 00:07:03,435 --> 00:07:06,820 the who said, they said. I don't agree 39 00:07:06,820 --> 00:07:09,700 with it. On that petition that we signed 40 00:07:09,700 --> 00:07:11,220 four years ago, three and a half, four 41 00:07:11,220 --> 00:07:13,620 years ago, it asked for your name and 42 00:07:13,620 --> 00:07:16,980 your address, and that was basically it. Nowhere 43 00:07:16,980 --> 00:07:19,220 on there did it ask for your color 44 00:07:19,220 --> 00:07:21,675 or skin or your ethnic group or anything 45 00:07:21,675 --> 00:07:23,995 of that nature. And I I just you 46 00:07:23,995 --> 00:07:25,995 know, I'm tired of everything in Rantoul being 47 00:07:25,995 --> 00:07:28,315 about race. That's not what we are. That's 48 00:07:28,315 --> 00:07:29,595 not who we are. That's not where we 49 00:07:29,595 --> 00:07:32,715 came from. And I think that just further 50 00:07:32,715 --> 00:07:35,435 divides this country and further divides this village. 51 00:07:36,810 --> 00:07:40,250 Now I would ask that when we go 52 00:07:40,250 --> 00:07:42,490 to the board or go to, to the 53 00:07:42,490 --> 00:07:44,729 elections in April, that this be placed and 54 00:07:44,729 --> 00:07:47,050 let this be a democracy just like The 55 00:07:47,050 --> 00:07:48,729 United States was founded on. Let the people 56 00:07:48,729 --> 00:07:51,705 of Rantoul decide whether we should have districting 57 00:07:51,705 --> 00:07:54,505 or whether we should not. And then that's 58 00:07:54,505 --> 00:07:56,265 the way a democracy was was made and 59 00:07:56,265 --> 00:07:57,945 the way it was created. We're not a 60 00:07:57,945 --> 00:08:00,505 dictatorship or an authoritarian type leadership in this 61 00:08:00,505 --> 00:08:02,425 village as far as I know. And I 62 00:08:02,425 --> 00:08:04,505 think that, we should continue and allow that 63 00:08:04,505 --> 00:08:06,450 to be put on the ballot. Let the 64 00:08:06,450 --> 00:08:08,370 people at Rancho decide. If they decide, yes, 65 00:08:08,370 --> 00:08:10,530 we'll keep a district, so be it. We'll 66 00:08:10,530 --> 00:08:12,370 move on. We'll let the people decide from 67 00:08:12,370 --> 00:08:24,505 that point. Thank you. Next we have John 68 00:08:24,505 --> 00:08:40,829 Kraft. I'm gonna speak to the referendum. I'm 69 00:08:40,829 --> 00:08:43,309 honestly disappointed that was that it was even 70 00:08:43,949 --> 00:08:48,704 collected signatures and presented, number one, because the 71 00:08:48,704 --> 00:08:52,225 village hasn't been operating for four years under 72 00:08:52,704 --> 00:09:02,650 the district. Moving away from districts, essentially limits 73 00:09:02,650 --> 00:09:06,570 or maybe even eliminates any chance of minority 74 00:09:06,570 --> 00:09:10,330 representation that that the statute provides for a 75 00:09:10,330 --> 00:09:14,170 city. You can do that in a city, 76 00:09:14,170 --> 00:09:16,464 but it doesn't essentially provide that for a 77 00:09:16,464 --> 00:09:20,625 village other than through a districting process. And 78 00:09:20,625 --> 00:09:24,545 to get rid of the districting, especially prior 79 00:09:24,545 --> 00:09:28,930 to operating under the district System for four 80 00:09:28,930 --> 00:09:40,370 years. Does a disservice to the residents. And 81 00:09:40,370 --> 00:09:51,975 next we have Kirk Allen. Thank you. My 82 00:09:51,975 --> 00:09:53,975 name is Kirk Allen. I'm co founder of 83 00:09:53,975 --> 00:09:56,295 Edgar County Watchdogs. We're a local government accountability 84 00:09:56,295 --> 00:09:59,290 organization. And I'm just gonna speak to a 85 00:09:59,290 --> 00:10:01,210 couple things that have nothing to do with 86 00:10:01,210 --> 00:10:03,530 your referendum. They have to do with your 87 00:10:03,530 --> 00:10:07,610 public comment. On your policy, or well, actually, 88 00:10:07,610 --> 00:10:11,530 on your agenda, it outlines comments will be 89 00:10:11,530 --> 00:10:13,755 limited to three minutes for each speaker. And 90 00:10:13,755 --> 00:10:17,755 this is a village of Rantoul Letterhead. That 91 00:10:17,755 --> 00:10:19,915 may be an adopted policy you have for 92 00:10:19,915 --> 00:10:22,635 the village, but this is a public body 93 00:10:22,635 --> 00:10:25,675 separate and distinct. Has this public body ever 94 00:10:25,675 --> 00:10:28,840 adopted a public comment policy? I'm not expecting 95 00:10:28,840 --> 00:10:30,440 to answer a question. I'm just throwing that 96 00:10:30,440 --> 00:10:31,560 out there to think about it in the 97 00:10:31,560 --> 00:10:33,320 future, and I don't think anybody here is 98 00:10:33,320 --> 00:10:34,920 gonna speak more than three minutes. It's not 99 00:10:34,920 --> 00:10:37,000 like it's an issue. But this is an 100 00:10:37,000 --> 00:10:41,885 electoral board, not the village. This body would 101 00:10:41,885 --> 00:10:44,045 need to adopt a policy that would restrict 102 00:10:44,045 --> 00:10:47,084 people's time frame, and I don't think that's 103 00:10:47,084 --> 00:10:49,645 happened. The other thing on the sign up 104 00:10:49,645 --> 00:10:52,925 sheet, it referenced that the speaker has to 105 00:10:52,925 --> 00:10:58,680 address the board, not individual trustees. Well, you 106 00:10:58,680 --> 00:11:01,480 folks aren't trustees. You're electoral board members in 107 00:11:01,480 --> 00:11:04,440 this capacity. But even if you were trustees, 108 00:11:05,080 --> 00:11:08,120 the public has the right to address each 109 00:11:08,120 --> 00:11:11,785 and every board member individually. And that's clearly 110 00:11:11,785 --> 00:11:14,584 spelled out in OMA with the person's right 111 00:11:14,584 --> 00:11:17,785 to address their elected officials, not as one 112 00:11:17,785 --> 00:11:20,505 whole body. So I'd ask that you take 113 00:11:20,505 --> 00:11:21,704 a look at that in the future and 114 00:11:21,704 --> 00:11:23,950 try to clean that up. That's probably not 115 00:11:23,950 --> 00:11:25,630 been an issue, but these are things that 116 00:11:25,630 --> 00:11:27,310 we look at as an organization to try 117 00:11:27,310 --> 00:11:30,110 to focus on more transparency because when an 118 00:11:30,110 --> 00:11:31,950 issue of concern to the public does come 119 00:11:31,950 --> 00:11:34,430 up, it becomes an issue if somebody wants 120 00:11:34,430 --> 00:11:35,790 to talk for more than three minutes and 121 00:11:35,790 --> 00:11:38,135 you don't have a policy. Thank you. Appreciate 122 00:11:38,135 --> 00:11:47,975 it. There are no other speakers. All right. 123 00:11:47,975 --> 00:11:50,535 Then that ends the public comment section. Thank 124 00:11:50,535 --> 00:11:54,590 you. Item four is the presentation of a 125 00:11:54,590 --> 00:11:57,950 local election authority village clerk, Janet Gray. Janet, 126 00:11:57,950 --> 00:12:02,910 microphone is yours. Thank you, mayor. Speaking to 127 00:12:02,910 --> 00:12:05,070 the filing of the referendum that came into 128 00:12:05,070 --> 00:12:10,425 my office on 12/01/2022. Mister Terry Workman brought 129 00:12:10,425 --> 00:12:13,785 in the referendum. I certified it, and I 130 00:12:13,785 --> 00:12:15,785 took it down to the Champaign County clerk's 131 00:12:15,785 --> 00:12:18,025 office, and they filed it on that same 132 00:12:18,025 --> 00:12:25,730 date, 12/01/2022. On Wednesday, January 4, mister Jack 133 00:12:25,730 --> 00:12:28,529 Anderson, and I don't know if mister Goldston 134 00:12:28,529 --> 00:12:30,610 was with him or not, came in and 135 00:12:30,610 --> 00:12:33,410 filed three copies of an of the objection 136 00:12:33,410 --> 00:12:36,555 that we are hearing today. I was not 137 00:12:36,555 --> 00:12:39,595 in the office. My deputy clerk took the 138 00:12:40,074 --> 00:12:43,995 objection. On the next day, January 5, I 139 00:12:43,995 --> 00:12:46,475 was informed that the objection should be heard 140 00:12:46,475 --> 00:12:49,410 at the county level, And I contacted mister 141 00:12:49,410 --> 00:12:52,529 Anderson and advised him about that. He came 142 00:12:52,529 --> 00:12:54,689 in and picked up the copies of the 143 00:12:54,689 --> 00:12:58,129 objections and took it down to mister Ammon's 144 00:12:58,129 --> 00:13:00,529 office down at the Champaign County Clerk Office. 145 00:13:02,755 --> 00:13:05,875 Because I was named in that, I called 146 00:13:05,875 --> 00:13:08,915 the County Clerk's Office on Friday, January 6, 147 00:13:08,995 --> 00:13:11,395 to see what the status of it was 148 00:13:11,475 --> 00:13:14,195 and when or whether they were gonna hold 149 00:13:14,195 --> 00:13:17,300 a hearing on it. I called again on 150 00:13:17,300 --> 00:13:20,340 Monday, January 9, and they returned that call 151 00:13:20,340 --> 00:13:23,860 saying that the county clerk and the state's 152 00:13:23,860 --> 00:13:27,940 attorney had determined that this electoral body was 153 00:13:27,940 --> 00:13:31,345 the proper body to hear this objection. I 154 00:13:31,345 --> 00:13:34,305 then emailed I believe I emailed rather than 155 00:13:34,305 --> 00:13:37,665 called mister Anderson and let him know that 156 00:13:37,665 --> 00:13:39,745 they would have to pick up the objection 157 00:13:39,745 --> 00:13:43,600 packets and bring them back to us. On 158 00:13:43,600 --> 00:13:47,040 Tuesday, January 10, I sent out certified letters 159 00:13:47,040 --> 00:13:49,920 to all of the parties notifying them of 160 00:13:49,920 --> 00:13:54,520 this hearing today. I also then on January 161 00:13:54,520 --> 00:13:58,055 13 mailed all the parties an updated agenda, 162 00:13:58,055 --> 00:14:00,935 the agenda before you now, and the rules 163 00:14:00,935 --> 00:14:03,735 and procedures that the electoral board was going 164 00:14:03,735 --> 00:14:07,254 to approve. Thank you, mayor. Okay. Very good. 165 00:14:07,254 --> 00:14:12,810 Thank you. Now ladies and gentlemen, we'll have 166 00:14:12,810 --> 00:14:15,370 the presentation of the objection from mister Jack 167 00:14:15,370 --> 00:14:26,975 Anderson. Jack? Mayor, before I begin, may I 168 00:14:26,975 --> 00:14:29,535 ask a question of procedure with regard to 169 00:14:29,535 --> 00:14:33,455 the presentations? On the agenda, there is time 170 00:14:33,455 --> 00:14:36,975 for mister Golsan and I to make presentations 171 00:14:36,975 --> 00:14:40,120 separately. Yes. I believe I'll be making the 172 00:14:40,120 --> 00:14:45,399 the largest presentation. I've worked my time as 173 00:14:45,399 --> 00:14:47,000 close as I can, and I am under 174 00:14:47,000 --> 00:14:49,480 fifteen minutes. But if it were to take 175 00:14:49,480 --> 00:14:51,640 a little longer, could I be allowed to 176 00:14:51,640 --> 00:14:55,725 continue, and mister Goldston would forfeit his time 177 00:14:55,725 --> 00:14:58,285 that I might use? We can do that. 178 00:14:58,285 --> 00:15:01,325 Very good. I didn't want the clock to 179 00:15:01,325 --> 00:15:02,685 go off, and then there'd be a question. 180 00:15:04,839 --> 00:15:06,920 Excuse me if my voice is rough. I'm 181 00:15:06,920 --> 00:15:08,839 suffering from just a dry voice, if you 182 00:15:08,839 --> 00:15:13,960 will. And as such, may pause and cough 183 00:15:13,960 --> 00:15:17,865 or take water at different times. But other 184 00:15:17,865 --> 00:15:19,465 than that, I am prepared to begin my 185 00:15:19,465 --> 00:15:28,745 statement. K. Good afternoon, honorable electoral board members. 186 00:15:29,510 --> 00:15:32,390 My name is Jack Anderson. I will be 187 00:15:32,390 --> 00:15:35,510 speaking in objection to the proposed petition to 188 00:15:35,510 --> 00:15:40,230 place on the 04/04/2013 ballot to public question. 189 00:15:40,965 --> 00:15:43,845 Shall the village of Randoll abandon the method 190 00:15:43,925 --> 00:15:48,005 of electing trustees from districts so that districts 191 00:15:48,405 --> 00:15:52,165 shall be hereafter elected on the village wide 192 00:15:52,165 --> 00:15:56,860 basis? As named objectors, mister go Wendell Goldston 193 00:15:56,860 --> 00:15:59,980 and I, both residing within the jurisdictional boundaries 194 00:15:59,980 --> 00:16:03,420 of the political subdivision of the village, and 195 00:16:03,420 --> 00:16:07,035 we are both registered voters herein. We believe 196 00:16:07,035 --> 00:16:11,595 the respondent's petition is insufficient, and as such, 197 00:16:11,595 --> 00:16:13,835 the public question should not appear on the 198 00:16:13,835 --> 00:16:23,070 ballot. For a little background, at the November, 199 00:16:23,390 --> 00:16:27,150 '1 thousand '7 hundred and '20 '5 of 200 00:16:27,150 --> 00:16:31,310 Rantoul's voters cast a majority in favor of 201 00:16:31,310 --> 00:16:34,985 abandoning the village trustee at large form of 202 00:16:34,985 --> 00:16:41,785 representation to adopting district trustee representation without change 203 00:16:41,785 --> 00:16:45,785 to the existing trustee village form of government 204 00:16:45,785 --> 00:16:50,560 as provided for under Illinois Municipal Code 3.1 205 00:16:50,560 --> 00:16:55,519 dash 25 dash 80. After the voters adopted 206 00:16:55,519 --> 00:17:00,880 the discharging referendum, Illinois Municipal Code 3.1 dash 207 00:17:00,880 --> 00:17:05,545 25 dash 75 requires the board of trustees 208 00:17:05,545 --> 00:17:09,385 by ordinance shall divide the village into six 209 00:17:09,385 --> 00:17:14,905 compact and contiguous districts equal in population. After 210 00:17:14,905 --> 00:17:20,480 nineteen months of process and diligent preparation, on 211 00:17:20,480 --> 00:17:26,559 06/09/2020, the trustees approved ordinance twenty six forty 212 00:17:26,559 --> 00:17:30,414 nine titled dividing the village into six districts 213 00:17:30,414 --> 00:17:32,895 for the purpose of electing one trustee for 214 00:17:32,895 --> 00:17:36,894 each district. After all the districts were established 215 00:17:37,294 --> 00:17:45,909 by ordinance, were prospective candidates able to pull 216 00:17:45,909 --> 00:17:49,830 their nominating papers, collect petition signatures, file nominating 217 00:17:49,830 --> 00:17:55,029 papers with the appropriate election authority, and have 218 00:17:55,029 --> 00:17:58,545 their names placed on the electoral ballot. In 219 00:17:58,545 --> 00:18:04,945 the 04/06/2021 consolidated elections, the first candidates running 220 00:18:04,945 --> 00:18:07,825 for the new six districts were elected as 221 00:18:07,825 --> 00:18:12,649 district trustees. Those district trustees were subsequently sworn 222 00:18:12,649 --> 00:18:18,409 into office and seated on 05/04/2021. These facts 223 00:18:18,409 --> 00:18:21,929 are not in dispute. The objectors believe the 224 00:18:21,929 --> 00:18:27,635 respondents incorrectly interpreted then applied section 3.1 dash 225 00:18:27,635 --> 00:18:32,915 25 dash 85 prematurely in filing to place 226 00:18:32,915 --> 00:18:35,475 the public question to abandon the method of 227 00:18:35,475 --> 00:18:39,280 electing trustees by district on the ballot. The 228 00:18:39,280 --> 00:18:43,200 statute used by the respondents plainly states, quote, 229 00:18:44,320 --> 00:18:47,840 any municipality that has operated for more than 230 00:18:47,840 --> 00:18:51,040 four years under the provisions of 3.1 dash 231 00:18:51,040 --> 00:18:54,665 25 dash 75 may abandon its method of 232 00:18:54,665 --> 00:18:59,865 electing trustees under this or that section. It 233 00:18:59,865 --> 00:19:03,145 is the objector's position that the village began 234 00:19:03,145 --> 00:19:06,505 to operate under the provisions of 3.1 dash 235 00:19:06,505 --> 00:19:10,220 25 dash 75 when the first district trustees 236 00:19:10,220 --> 00:19:14,140 were elected and subsequently sworn into office on 237 00:19:14,140 --> 00:19:21,179 05/04/2021. Accordingly, any petition and election to abandon 238 00:19:21,179 --> 00:19:25,575 the district trustee form of representation cannot begin 239 00:19:25,575 --> 00:19:28,375 until such time as the village has operated 240 00:19:28,375 --> 00:19:31,735 for more than four years under such representation. 241 00:19:33,335 --> 00:19:38,120 Representation by trustee districts was approved by the 242 00:19:38,120 --> 00:19:43,240 voters in the 11/06/2018 referenda under section 3.1 243 00:19:43,240 --> 00:19:46,840 dash 25 dash 80, which is which in 244 00:19:46,840 --> 00:19:51,595 its closing statement states, quote, if the question 245 00:19:51,595 --> 00:19:54,715 receives the favorable vote of a majority of 246 00:19:54,715 --> 00:19:57,595 all votes cast on the proposition, the board 247 00:19:57,595 --> 00:20:00,554 of trustees shall proceed to district the village, 248 00:20:01,195 --> 00:20:03,419 and the election of trustees for the village 249 00:20:03,419 --> 00:20:06,619 thereafter shall be in accordance with 3.1 dash 250 00:20:06,700 --> 00:20:12,059 25 dash 75. That section makes the division 251 00:20:12,059 --> 00:20:16,779 into districts and temporal requirements for its completion 252 00:20:17,445 --> 00:20:22,404 a series of steps upon which the residency 253 00:20:22,404 --> 00:20:26,485 require requirement or qualification of for office and 254 00:20:26,485 --> 00:20:30,164 the election of officers by qualified electors are 255 00:20:30,164 --> 00:20:33,009 dependent for the election of the district trustees 256 00:20:33,009 --> 00:20:36,289 to occur. It is only after the conclusion 257 00:20:36,289 --> 00:20:39,169 of these acts that the village can begin 258 00:20:39,169 --> 00:20:44,225 to operate with district representation. As such, the 259 00:20:44,225 --> 00:20:46,705 village could not begin to operate under district 260 00:20:46,705 --> 00:20:52,385 representation until after the 04/06/2021 election and subsequently 261 00:20:52,385 --> 00:20:55,665 upon the official swearing in of the first 262 00:20:55,665 --> 00:21:01,770 district trustees on 05/04/2021. The objectives contend section 263 00:21:01,770 --> 00:21:06,490 3.1 dash twenty five eighty five clearly prohibits 264 00:21:07,130 --> 00:21:10,890 the filing of necessary of the necessary petition 265 00:21:11,145 --> 00:21:14,665 for abandonment prior to the time district trustee 266 00:21:14,665 --> 00:21:18,425 representation has been in operation for more than 267 00:21:18,425 --> 00:21:24,905 four full years. In support of the objector's 268 00:21:24,905 --> 00:21:31,389 position, We draw upon the 1957 in Illinois 269 00:21:31,630 --> 00:21:36,510 appellate court case of Mason versus Cutclout. In 270 00:21:36,510 --> 00:21:41,335 this matter, the electors of Rock Island, Illinois 271 00:21:41,335 --> 00:21:44,615 filed a petition for a public question of 272 00:21:44,615 --> 00:21:50,135 abandoning their managerial form of government, notwithstanding any 273 00:21:50,135 --> 00:21:55,169 specific statutory provisions that otherwise or that only 274 00:21:55,169 --> 00:21:58,370 applied to the managerial form of municipal government 275 00:21:58,370 --> 00:22:00,530 in effect at the time, the appellate court 276 00:22:00,530 --> 00:22:03,730 found the case in hand hinged on the 277 00:22:03,730 --> 00:22:06,929 first sentence of the statute under their review, 278 00:22:06,929 --> 00:22:10,565 which reads, quote, any city or village which 279 00:22:10,565 --> 00:22:13,684 has operated for four years or more under 280 00:22:13,684 --> 00:22:17,044 the managerial form of a municipal government may 281 00:22:17,044 --> 00:22:24,340 abandon such in the manner provided. Excuse me. 282 00:22:29,140 --> 00:22:34,995 The language in the statute does not say 283 00:22:34,995 --> 00:22:40,035 any village which will have operated for four 284 00:22:40,035 --> 00:22:43,315 years or more. Rather, the language used by 285 00:22:43,315 --> 00:22:48,580 the general assembly is has operated. Using the 286 00:22:48,580 --> 00:22:53,059 verb third person singular has in the past 287 00:22:53,779 --> 00:22:57,940 participle verb operated. The simple past tense of 288 00:22:57,940 --> 00:23:02,855 operate indicating a completed action or time. The 289 00:23:02,855 --> 00:23:05,815 language in the statute is clear. Four years 290 00:23:05,815 --> 00:23:08,774 or more must have passed before the abandonment 291 00:23:08,774 --> 00:23:12,774 process may begin. The appellees in the Rock 292 00:23:12,774 --> 00:23:16,450 Island case, as is the same with the 293 00:23:16,450 --> 00:23:20,049 objectors before this electoral board, urged the intent 294 00:23:20,049 --> 00:23:23,970 of the language, quote, is clearly to provide 295 00:23:23,970 --> 00:23:27,169 a full four year trial period, which the 296 00:23:27,169 --> 00:23:30,875 citizenry have an opportunity to observe the managerial 297 00:23:30,875 --> 00:23:34,795 form of your municipal government in operation without 298 00:23:34,795 --> 00:23:39,915 unrest, expense, or excitement that would necessarily accompany 299 00:23:39,915 --> 00:23:45,660 a petition or election. In its essence, the 300 00:23:45,660 --> 00:23:49,980 appellate court in Mason versus Cutclout instructively provides 301 00:23:49,980 --> 00:23:54,460 an overview of the statutory construction and ascertaining 302 00:23:54,460 --> 00:23:59,235 the intent of the legislature by considering by 303 00:23:59,235 --> 00:24:02,835 consideration of the language employed. The appellate court 304 00:24:02,835 --> 00:24:07,235 filed, quote, it seems apparent the general assembly, 305 00:24:07,395 --> 00:24:10,595 by the language it employed, intended the abandonment 306 00:24:10,595 --> 00:24:14,560 of the city manager government, including the filing 307 00:24:14,560 --> 00:24:17,760 of the petition and holding of an election 308 00:24:17,840 --> 00:24:22,320 on the question not be permitted until the 309 00:24:22,320 --> 00:24:25,600 municipality has operated for four full years or 310 00:24:25,600 --> 00:24:30,205 more under the managerial form of government. The 311 00:24:30,205 --> 00:24:33,965 matter before this electorial board today is the 312 00:24:33,965 --> 00:24:37,884 legislative intent of the language of 3.1 dash 313 00:24:38,044 --> 00:24:42,200 25 dash 85, where any municipality that has 314 00:24:42,200 --> 00:24:44,600 operated for more than four years under the 315 00:24:44,600 --> 00:24:48,600 provisions of section 21 I'm sorry. Three three 316 00:24:48,600 --> 00:24:51,559 point one dash 25 dash 75 may abandon 317 00:24:51,559 --> 00:24:55,375 its method of electing trustees. When questioning whether 318 00:24:55,375 --> 00:24:57,775 the words of a statute or ordinance are 319 00:24:57,775 --> 00:25:02,255 are of necessary clarity, a court looks to 320 00:25:02,895 --> 00:25:06,255 the language of the law itself for interpretation 321 00:25:06,255 --> 00:25:09,410 of the legislative intent in support of case 322 00:25:09,410 --> 00:25:13,250 law precedents. Two years after the appellate court 323 00:25:13,250 --> 00:25:17,169 decision in Mason versus Cutclout, the same court 324 00:25:17,490 --> 00:25:22,370 heard the case of De Donker versus City 325 00:25:22,370 --> 00:25:25,635 of East Moline. In the De Docker case, 326 00:25:25,635 --> 00:25:28,515 the appellate court recounted its findings in Mason 327 00:25:28,515 --> 00:25:31,475 versus Cutclop and that the court had narrowly 328 00:25:31,475 --> 00:25:33,635 addressed the question of whether the filing of 329 00:25:33,635 --> 00:25:36,355 a petition to abandon could occur before the 330 00:25:36,355 --> 00:25:39,740 four full years had passed. The court restated 331 00:25:39,740 --> 00:25:43,260 the acts of the petition, election and abandonment 332 00:25:43,260 --> 00:25:46,059 or retention, were all part of a series 333 00:25:46,059 --> 00:25:49,419 of acts which cannot begin or be considered 334 00:25:49,419 --> 00:25:54,365 separate, where the petition is not a preliminary 335 00:25:54,365 --> 00:25:58,125 step, but is part of and inclusive of 336 00:25:58,125 --> 00:26:02,205 a series of acts towards abandonment. The court 337 00:26:02,205 --> 00:26:06,045 additionally found, quote, that none of the various 338 00:26:06,045 --> 00:26:08,780 steps in that series of acts, including the 339 00:26:08,780 --> 00:26:12,940 petition to abandonment, may proceed the expiration of 340 00:26:12,940 --> 00:26:16,140 the four years period of time set out 341 00:26:16,140 --> 00:26:20,705 in statute. The this electoral board, in its 342 00:26:20,705 --> 00:26:24,705 consideration of the objection before today, will find 343 00:26:24,705 --> 00:26:27,905 the clarity of the statutory language and the 344 00:26:27,905 --> 00:26:30,625 weight of the appellate court's decision in Mason 345 00:26:30,625 --> 00:26:35,360 versus Cutclop, presidential, and the merits germane to 346 00:26:35,680 --> 00:26:37,840 in regard to the meaning of the language 347 00:26:39,920 --> 00:26:42,560 has operated for four years or more. And 348 00:26:42,560 --> 00:26:46,125 thus, after such time has passed, can the 349 00:26:46,125 --> 00:26:49,805 petition be filed for abandonment? The objectors so 350 00:26:49,805 --> 00:26:55,885 far have addressed so far the intent of 351 00:26:55,885 --> 00:26:59,750 the statute from its unambiguous language and the 352 00:26:59,750 --> 00:27:03,509 presidential judicial statutory construction of the appellate court. 353 00:27:03,909 --> 00:27:07,029 Lastly, with regard to the legislative intent of 354 00:27:07,029 --> 00:27:12,085 the general assembly I'm sorry. With regard to 355 00:27:12,085 --> 00:27:15,445 the intent, the general assembly has not changed 356 00:27:15,445 --> 00:27:19,205 the language after three score and five years 357 00:27:19,205 --> 00:27:25,570 since the Mason versus Cutclop decision. Section 3.1 358 00:27:25,570 --> 00:27:28,530 dash twenty five eighty five of the municipal 359 00:27:28,530 --> 00:27:32,610 code was amended by public act 87 dash 360 00:27:32,610 --> 00:27:40,325 one one one nine on 09/16/1992, '30 '4 361 00:27:40,325 --> 00:27:43,845 years after the decision of the Cutclop Place 362 00:27:43,845 --> 00:27:48,165 in 1957. If the general assembly here in 363 00:27:48,165 --> 00:27:52,670 Illinois had intended to allow the preliminary steps 364 00:27:52,670 --> 00:27:55,950 of the petition and the election of a 365 00:27:55,950 --> 00:28:00,670 referendum to begin before any municipality had operated 366 00:28:00,670 --> 00:28:03,390 for more than four years, they would have 367 00:28:03,390 --> 00:28:07,265 done so when they amended the code. The 368 00:28:07,265 --> 00:28:10,465 language that has operated for four years or 369 00:28:10,465 --> 00:28:14,625 more remained intact after the Mason versus Cutclop, 370 00:28:14,705 --> 00:28:19,345 Illinois Appellate Court ruling in the meaning and 371 00:28:19,345 --> 00:28:23,020 legislative intent of the language, now having served 372 00:28:23,020 --> 00:28:27,500 as legal precedents for sixty five years. The 373 00:28:27,500 --> 00:28:31,660 objectors believe that 3.5 section 3.5 dash twenty 374 00:28:31,660 --> 00:28:34,460 five eighty five was designed to allow the 375 00:28:34,460 --> 00:28:37,675 voting public a minimum of four years and 376 00:28:37,675 --> 00:28:40,315 no less during which the electorate could experience 377 00:28:40,315 --> 00:28:46,875 and evaluate having trustee representation district trustee. We 378 00:28:46,875 --> 00:28:50,090 are here today because only twenty months have 379 00:28:50,090 --> 00:28:53,130 passed since the first district trustees were sworn 380 00:28:53,130 --> 00:28:56,650 into office. Your objectors state that the petition 381 00:28:56,650 --> 00:28:59,370 for abandonment of the election of trustees by 382 00:28:59,370 --> 00:29:03,450 district is insufficient for the reasons previously stated. 383 00:29:04,205 --> 00:29:08,365 Wherefore, objectors pray that the petition papers of 384 00:29:08,365 --> 00:29:11,885 respondents on the public question for abandonment of 385 00:29:11,885 --> 00:29:15,165 electing trustees by district be declared by this 386 00:29:15,165 --> 00:29:18,809 electoral board to be insufficient and not in 387 00:29:18,809 --> 00:29:20,650 compliance with the laws of the state of 388 00:29:20,650 --> 00:29:25,049 Illinois, and that the referendum be stricken, and 389 00:29:25,049 --> 00:29:28,250 that this electoral board enter its decision declaring 390 00:29:28,250 --> 00:29:31,850 that the public question not be printed on 391 00:29:31,850 --> 00:29:35,584 the official ballot at the general municipal election 392 00:29:35,745 --> 00:29:40,625 to be held on 04/04/2023. And that concludes 393 00:29:40,625 --> 00:29:46,865 my statement. Thank you. Deputy clerk, please note 394 00:29:46,865 --> 00:29:50,470 the time and what would be the remaining 395 00:29:50,470 --> 00:29:53,590 balance for Mr. Wendell. Wendell, are you speaking? 396 00:29:55,350 --> 00:30:01,934 He has the full 15. Okay. The reason 397 00:30:01,934 --> 00:30:03,534 I said that is because he relinquished some 398 00:30:03,534 --> 00:30:11,534 of mister Wendell's time. K. Thank you all. 399 00:30:14,820 --> 00:30:16,980 I believe if I chose to continue to 400 00:30:16,980 --> 00:30:20,420 speak, I would get fifteen minutes. Alright. Sounds 401 00:30:20,420 --> 00:30:26,625 good. I concur with mister Anderson and the 402 00:30:26,625 --> 00:30:30,625 rest of us who worked on this, I 403 00:30:30,625 --> 00:30:37,105 will reserve any further comment until the rebuttal. 404 00:30:37,665 --> 00:30:50,870 Thank you. Alright. Now we're moving into the 405 00:30:50,870 --> 00:32:27,285 respondent comment from mister Terry Workman. Thank you 406 00:32:27,685 --> 00:32:30,165 for everyone that showed up this afternoon for 407 00:32:30,165 --> 00:32:35,170 support of this petition. I'd also like to 408 00:32:35,170 --> 00:32:37,730 mention I've been contacted by many other people 409 00:32:37,730 --> 00:32:41,010 that couldn't be here to express their support 410 00:32:41,010 --> 00:32:44,450 for this petition and to put it on 411 00:32:44,450 --> 00:32:47,890 the ballot. I also thank mister Paul Wilson 412 00:32:47,890 --> 00:32:50,654 for his time and effort in the research 413 00:32:50,654 --> 00:33:03,870 and the legal aspects of this petition. The 414 00:33:03,870 --> 00:33:38,940 first thing is Here's a proof of service 415 00:33:39,180 --> 00:33:45,100 under the response and objection to the Village 416 00:33:45,100 --> 00:33:48,300 of Rantua Board and Jack Anderson Windis Goldstein 417 00:33:48,300 --> 00:33:54,845 for not providing all the information necessary under 418 00:33:54,845 --> 00:33:59,485 the objection against Janet Gray, Aaron Emmons, Terry 419 00:33:59,485 --> 00:34:03,840 Workman, Sherry Johnson, and then et al. I 420 00:34:03,840 --> 00:34:06,000 don't know who et al is. That includes 421 00:34:06,000 --> 00:34:11,760 others. I don't know who others are. But 422 00:34:11,760 --> 00:34:18,000 under the rules that were adopted just right 423 00:34:18,000 --> 00:34:22,495 now, All others are to be provided with 424 00:34:22,495 --> 00:34:27,135 all the information and all the objections provided. 425 00:34:28,495 --> 00:34:31,935 So, all these others haven't been provided any 426 00:34:31,935 --> 00:34:35,650 of that information. So that's for future reference. 427 00:34:37,489 --> 00:34:48,234 Alright. Response to this petition. There are several 428 00:34:48,234 --> 00:34:51,835 things that are obvious in this, and Mr. 429 00:34:51,835 --> 00:34:57,034 Anderson has pointed them out. So I'm going 430 00:34:57,034 --> 00:35:02,090 to go through them fairly quickly. Redistricting took 431 00:35:02,090 --> 00:35:06,410 place. The dates at which he provided are 432 00:35:06,410 --> 00:35:13,130 accurate. The referendum was put on the ballot, 433 00:35:14,175 --> 00:35:26,799 and it was done so in 11/06/2018. And 434 00:35:26,799 --> 00:35:31,599 we divided into districts. That was the starting 435 00:35:31,599 --> 00:35:39,885 date of when districts started. And that was 436 00:35:39,885 --> 00:35:50,605 all done following the proper procedures. The first 437 00:35:50,605 --> 00:35:54,830 trustees were voted on and and elected by 438 00:35:54,830 --> 00:36:03,310 the public 04/06/2021. That is correct. The statement 439 00:36:03,310 --> 00:36:12,305 of abandonment of district trustees which is 65 440 00:36:12,305 --> 00:36:19,640 ILCS dash 5Dash 3.1 dash 25 dash states 441 00:36:19,640 --> 00:36:24,360 that they have to be operating for four 442 00:36:24,360 --> 00:36:29,800 or more years. Any municipality has operated for 443 00:36:29,800 --> 00:36:32,905 more than four years. The keyword here is 444 00:36:32,905 --> 00:36:40,825 operated. When did the operation start? When we 445 00:36:40,825 --> 00:36:45,530 did this petition, we started and we followed 446 00:36:45,530 --> 00:36:50,090 these procedures. And I will say more on 447 00:36:50,090 --> 00:36:57,965 that later. In the court case, mister Anderson 448 00:36:57,965 --> 00:36:59,565 has brought up he has brought up two 449 00:36:59,565 --> 00:37:08,045 court cases, Mason versus Kutkamp and also the 450 00:37:08,045 --> 00:37:13,280 Dunkirk court case. Both of these court cases 451 00:37:14,480 --> 00:37:18,560 have to do with managerial form of government 452 00:37:18,560 --> 00:37:22,080 in which mayors were going to lose their 453 00:37:22,080 --> 00:37:25,600 jobs. They don't have to do with districts. 454 00:37:28,095 --> 00:37:30,015 They don't have to do with districts and 455 00:37:30,015 --> 00:37:34,095 trustees being reelected. They have to do with 456 00:37:34,095 --> 00:37:40,655 mayors losing their jobs. So that doesn't pertain 457 00:37:40,655 --> 00:37:55,755 to us as trustees. Stupid watch. I'm not 458 00:37:55,755 --> 00:37:57,515 gonna reiterate a bunch of the facts that 459 00:37:57,515 --> 00:38:01,115 mister Anderson has just reiterated, but I do 460 00:38:01,115 --> 00:38:15,590 wanna point out some specific things. In the 461 00:38:17,750 --> 00:38:21,510 Donker case, it is very similar to what 462 00:38:21,510 --> 00:38:27,815 we have here. In the Dunkirk case, the 463 00:38:27,815 --> 00:38:41,109 managerial form of government commenced on 07/01/1952, the 464 00:38:41,109 --> 00:38:44,470 managerial form of government was established by the 465 00:38:44,470 --> 00:38:52,585 election 04/21/1953, And a petition to abandon was 466 00:38:52,585 --> 00:39:01,625 filed 12/19/1956, and the election was held 04/16/1957. 467 00:39:02,744 --> 00:39:04,345 And this is what the case is all 468 00:39:04,345 --> 00:39:14,950 about. And what mister Anderson failed to mention 469 00:39:14,950 --> 00:39:23,245 about in the Dunker case, the decision, court 470 00:39:23,245 --> 00:39:26,205 noted that the decision there was no determination 471 00:39:26,285 --> 00:39:29,965 as to the point in the Mason case 472 00:39:30,845 --> 00:39:35,740 as the beginning of the operation. In the 473 00:39:35,740 --> 00:39:44,140 Dunkirk case, the decision having been that the 474 00:39:44,140 --> 00:39:46,620 mayor would be have been cut off or 475 00:39:46,620 --> 00:39:52,975 terminated from his full term from being elected. 476 00:40:20,265 --> 00:40:33,700 The proceedings in the Dunkirk case were that 477 00:40:33,700 --> 00:40:38,339 the managerial formal government was the salient point, 478 00:40:38,819 --> 00:40:44,019 and therefore, the city of Moline were appropriate 479 00:40:44,019 --> 00:40:47,385 and within the four year guideline. In other 480 00:40:47,385 --> 00:40:56,585 words, the July 1 commenced when they voted 481 00:40:59,705 --> 00:41:06,050 to go to to abandon the districts when 482 00:41:06,050 --> 00:41:09,970 they voted in the Donker case. This is 483 00:41:09,970 --> 00:41:14,770 what mister Anderson failed to clarify. The decision 484 00:41:14,770 --> 00:41:18,805 was that the operation of the government was 485 00:41:18,805 --> 00:41:26,724 started when they voted to go to districts, 486 00:41:27,285 --> 00:41:32,410 not when it was to be the election. 487 00:41:34,089 --> 00:41:36,890 So they were within the four year guidelines 488 00:41:36,890 --> 00:41:42,955 set by the statues. The Mason case, there 489 00:41:42,955 --> 00:41:53,915 was no determination. Both of these cases and 490 00:41:53,915 --> 00:42:00,819 decisions are really not applicable to the village 491 00:42:00,819 --> 00:42:04,980 of Rantoul traditionally. We have been in the 492 00:42:04,980 --> 00:42:08,955 fourth district appellate court, and approximately a year 493 00:42:08,955 --> 00:42:11,835 ago, we moved to the fifth district appellate 494 00:42:11,835 --> 00:42:17,115 court. Both of these decisions emanated from the 495 00:42:17,115 --> 00:42:22,720 second district in Northern Illinois. The Dunker decision 496 00:42:22,720 --> 00:42:27,760 emanated from the Second District. To that extent, 497 00:42:28,640 --> 00:42:33,520 Dunker's spirit from Mason and Mason is overruled. 498 00:42:35,484 --> 00:42:38,605 And the guidance we received from Dunkirk is 499 00:42:38,605 --> 00:42:41,964 that at least in the district, we established 500 00:42:41,964 --> 00:42:46,765 a starting point or a calculation. Only cases 501 00:42:46,765 --> 00:42:49,005 coming out of the fifth district appellate court 502 00:42:49,005 --> 00:42:52,930 of Illinois Supreme Court are binding on the 503 00:42:52,930 --> 00:42:58,530 Fifth District. Mason and Dunker are somewhat limited 504 00:42:59,410 --> 00:43:06,365 guidance, but Mason would happen to be a 505 00:43:06,365 --> 00:43:10,045 mayor's election. Dunker is dispositive of an issue 506 00:43:10,045 --> 00:43:13,085 as to when the full period four year 507 00:43:13,085 --> 00:43:17,325 period commences. The fact that was completely ignored 508 00:43:17,325 --> 00:43:28,480 in the Mason decision. Statute herein is fully 509 00:43:28,480 --> 00:43:31,599 different from dealt with in the Mason and 510 00:43:31,599 --> 00:43:35,325 Donker cases and that the provisions and continuation 511 00:43:35,325 --> 00:43:40,285 of trustees participation in government as opposed to 512 00:43:40,285 --> 00:43:53,550 removal of mayors in the Second District. Unfortunately, 513 00:43:53,550 --> 00:43:57,390 in the Mason Court improperly decided to rewrite 514 00:43:57,390 --> 00:44:00,030 the statute by making the filing of a 515 00:44:00,030 --> 00:44:03,525 petition to abandon ballet of a four year 516 00:44:03,525 --> 00:44:06,565 prescription of a statue. The objectors seek to 517 00:44:06,565 --> 00:44:09,605 have this board rewrite the statue as set 518 00:44:09,605 --> 00:44:12,885 forth in '80 to include the filing of 519 00:44:12,885 --> 00:44:16,000 a motion to include a petition to abandon 520 00:44:16,000 --> 00:44:19,280 ballots violates a four year limit. If the 521 00:44:19,280 --> 00:44:23,680 legislature had intended to do so, it would 522 00:44:23,680 --> 00:44:27,200 enact into statute regarding petition for abandonment of 523 00:44:27,200 --> 00:44:32,055 districts. We assume the legislature did not intend 524 00:44:32,055 --> 00:44:39,175 of inconvenience or injustice by implanting additional requirements. 525 00:44:40,990 --> 00:44:44,270 There are several court cases which also imply 526 00:44:44,270 --> 00:44:48,430 that. If the legislature had wanted to put 527 00:44:48,430 --> 00:44:53,950 those things in place, limiting those things, they 528 00:44:53,950 --> 00:44:56,375 would have done so. And they have not. 529 00:45:10,950 --> 00:45:15,030 Pursuant to only statutory provisions which should be 530 00:45:15,030 --> 00:45:18,950 made applicable by this board is found in 531 00:45:18,950 --> 00:45:21,590 85, which sets forth that there may be 532 00:45:21,590 --> 00:45:25,225 an abandonment of the district approach to trustees 533 00:45:25,225 --> 00:45:28,185 after it is operated for four years. The 534 00:45:28,185 --> 00:45:32,185 legislature is not clear as to how four 535 00:45:32,185 --> 00:45:34,505 years is to be determined. The only case 536 00:45:34,505 --> 00:45:38,770 which talked about the date is Dunker decision, 537 00:45:38,770 --> 00:45:43,010 which makes appropriate dates, the date of election. 538 00:45:43,089 --> 00:45:47,170 The election will not occur until April 23. 539 00:45:49,055 --> 00:45:52,575 Of the utmost important is the actual abandonment 540 00:45:53,135 --> 00:45:55,855 will not occur until terms of the duly 541 00:45:55,855 --> 00:46:04,520 elected trustees, which will occur in April of 542 00:46:04,520 --> 00:46:08,600 twenty twenty three. Consequently, it's arguable that the 543 00:46:08,600 --> 00:46:11,880 abandonment will not take effect for at a 544 00:46:11,880 --> 00:46:16,805 minimum of two years after the election. Certainly, 545 00:46:16,805 --> 00:46:19,924 the abandonment will not occur within the four 546 00:46:19,924 --> 00:46:26,085 years since election creating the districts. April 2021 547 00:46:26,085 --> 00:46:31,400 is long past. Consequently, an election may have 548 00:46:31,400 --> 00:46:35,400 occurred in February '20 authorizing the abandonment of 549 00:46:35,400 --> 00:46:38,920 the village will not abandon the method of 550 00:46:38,920 --> 00:46:46,235 electing trustees until years after. This sets the 551 00:46:46,235 --> 00:46:50,235 current situation which this board is considering wholly 552 00:46:50,235 --> 00:46:55,515 independent of the roadblocks of the objections intended 553 00:46:55,515 --> 00:46:59,080 to place upon the village. Reading the statue 554 00:46:59,080 --> 00:47:02,680 as a whole, the legislature has addressed the 555 00:47:02,680 --> 00:47:09,480 continuation in terms of trustees. Again, we should 556 00:47:09,480 --> 00:47:14,474 let the voters decide for reason that is 557 00:47:14,474 --> 00:47:21,275 respectfully submitted that the board overruled protests and 558 00:47:21,275 --> 00:47:24,234 objectives and require the placement in the ballot 559 00:47:24,234 --> 00:47:29,010 of the petition to submit the issue and 560 00:47:29,010 --> 00:47:47,535 let the voters decide. Thank you. So now 561 00:47:47,535 --> 00:47:50,815 mister Anderson and mister Goldston, remember there be 562 00:47:50,815 --> 00:48:04,990 any rebuttal? How much time do we have 563 00:48:04,990 --> 00:48:07,230 for rebuttal, sir? Still have your fifteen minutes. 564 00:48:07,325 --> 00:48:09,645 Pardon? You still have your fifteen minutes. Oh, 565 00:48:09,645 --> 00:48:12,525 well, I shouldn't need that. So good. Thank 566 00:48:12,525 --> 00:48:31,210 you. Okay. I'm ready to begin. Thank you. 567 00:48:31,210 --> 00:48:33,130 Although I'm not sure how I want to 568 00:48:33,130 --> 00:48:35,755 start, so bear with me if I I'm 569 00:48:35,755 --> 00:48:39,115 a little clumsy. I I hadn't anticipated the 570 00:48:39,515 --> 00:48:44,795 that rebuttal. Because it's not compliant with the 571 00:48:44,795 --> 00:48:55,039 law. That's why. It was said that the 572 00:48:55,039 --> 00:48:56,960 doctor case Get the mic up, if you 573 00:48:56,960 --> 00:49:00,559 would please, It was said that the doctor 574 00:49:00,559 --> 00:49:03,825 case has nothing to do with Just twist 575 00:49:03,825 --> 00:49:06,225 down at the bottom. At the very bottom, 576 00:49:06,225 --> 00:49:08,545 Jack. There you go. Right there. Oh, here 577 00:49:08,545 --> 00:49:10,065 and lift How do you get that? Want 578 00:49:10,065 --> 00:49:13,025 to be able to hear you. That is 579 00:49:13,025 --> 00:49:20,089 important. Thank you. With regard to the the 580 00:49:20,089 --> 00:49:23,290 Dockler case having nothing to do with this 581 00:49:25,210 --> 00:49:31,165 matter, it's basically true. With the exception of 582 00:49:31,165 --> 00:49:35,565 when the appellate court speaks back to Mason 583 00:49:35,565 --> 00:49:39,405 versus Cutclop. Speak up. Get it closer to 584 00:49:39,405 --> 00:49:47,440 you, Jack. When so when the court in 585 00:49:47,440 --> 00:49:50,880 the doctor case goes back and addresses Cutclop, 586 00:49:50,880 --> 00:49:53,120 that's when it becomes relevant because I'm really 587 00:49:53,120 --> 00:49:58,174 basing our whole affirmative on the cutclop place, 588 00:49:58,174 --> 00:50:02,815 the Mason versus cutclop. So allow me to 589 00:50:02,815 --> 00:50:06,895 try to address some of things that were 590 00:50:06,895 --> 00:50:13,780 said here. The let me go over this 591 00:50:13,780 --> 00:50:15,860 with the cut clot or the the doctor 592 00:50:15,860 --> 00:50:19,780 case. The matter involved the city of East 593 00:50:19,780 --> 00:50:23,075 Moline. This is the case that came after 594 00:50:23,075 --> 00:50:28,994 Mason out of city of East Moline, which 595 00:50:28,994 --> 00:50:36,130 had an aldermatic form of government. In July, 596 00:50:36,130 --> 00:50:39,570 by favorable referendum, the city would be changed 597 00:50:39,570 --> 00:50:44,290 to a managerial form of municipal government. In 598 00:50:44,290 --> 00:50:46,690 April and May of fifty three, the mayor 599 00:50:46,690 --> 00:50:50,505 and four councilmen were elected and took office 600 00:50:50,505 --> 00:50:55,865 under the managerial form of government. In December 601 00:50:55,865 --> 00:50:58,984 1956, citizens of the city of West Moline 602 00:50:58,984 --> 00:51:02,505 filed a petition to abandon the managerial form 603 00:51:02,505 --> 00:51:07,190 of government. This was four years after four 604 00:51:07,190 --> 00:51:09,910 years and five months after the passage of 605 00:51:09,910 --> 00:51:13,030 the July fifty two referendum and three years 606 00:51:13,030 --> 00:51:15,990 and seven months after the the election of 607 00:51:15,990 --> 00:51:20,125 the mayor and the four trustees. With no 608 00:51:20,125 --> 00:51:24,125 objections, the petition was placed on the April 609 00:51:24,444 --> 00:51:27,404 ballot and passed with receiving the majority of 610 00:51:27,404 --> 00:51:31,164 the vote, 52%. At that time, the state 611 00:51:31,164 --> 00:51:35,690 of Illinois revised cities and villages act, the 612 00:51:35,690 --> 00:51:41,130 predecessor to today's Illinois municipal code under article 613 00:51:41,130 --> 00:51:45,690 20 dash 13, allowed the abandonment of a 614 00:51:45,690 --> 00:51:49,305 managerial form of government only after it had 615 00:51:49,305 --> 00:51:52,665 operated for four years or more. And we're 616 00:51:52,665 --> 00:51:54,185 used to that language because that's what we've 617 00:51:54,185 --> 00:51:57,625 been talking about today. The city took the 618 00:51:57,625 --> 00:52:01,880 position that even though there was a vote 619 00:52:01,880 --> 00:52:04,759 in favor on a referenda, the city took 620 00:52:04,759 --> 00:52:07,640 the position that the abandonment petition was premature. 621 00:52:09,000 --> 00:52:11,480 Having taken a place before the passing of 622 00:52:11,480 --> 00:52:13,960 four years, contending the city began operating as 623 00:52:13,960 --> 00:52:16,575 a managerial form of government only after the 624 00:52:16,575 --> 00:52:19,775 election of the municipal officers and their taking 625 00:52:19,775 --> 00:52:24,255 office. The city then adopted a resolution not 626 00:52:24,255 --> 00:52:26,735 to abide by the result of the election. 627 00:52:26,735 --> 00:52:30,260 Imagine that. And to abandon and declare the 628 00:52:30,260 --> 00:52:34,900 results void and of no effect. So off 629 00:52:34,900 --> 00:52:37,140 the court we go. Right? Because that is 630 00:52:37,140 --> 00:52:39,460 the step. There is no electoral board when 631 00:52:39,460 --> 00:52:42,585 you're dealing with managerial forms of government. It 632 00:52:42,585 --> 00:52:45,705 goes strict straight to the circuit court. And 633 00:52:45,705 --> 00:52:46,905 in this case, it did go to the 634 00:52:46,905 --> 00:52:48,825 circuit court, then the next step was, of 635 00:52:48,825 --> 00:52:52,025 course, the appellate court. The matter before the 636 00:52:52,025 --> 00:52:56,609 appellate court, which found that under existing specific 637 00:52:56,609 --> 00:53:00,609 revised city and village act statutes at the 638 00:53:00,609 --> 00:53:04,130 time applicable only to the managerial former government, 639 00:53:04,609 --> 00:53:08,335 the city had rights, powers, and authority by 640 00:53:08,335 --> 00:53:12,255 statute to vest itself through adoption and be 641 00:53:12,255 --> 00:53:16,095 enforced. Thus, the clock for when the the 642 00:53:16,095 --> 00:53:18,655 city begins operating as a managerial form of 643 00:53:18,655 --> 00:53:22,095 government was upon the favorable election of the 644 00:53:22,095 --> 00:53:27,510 referenda. So that was absolutely right. When they 645 00:53:27,510 --> 00:53:34,309 voted in '92 or I'm sorry, '52, and 646 00:53:34,309 --> 00:53:36,595 there was an approval. Hold on. Was it 647 00:53:36,595 --> 00:53:39,075 '52 or '50 yeah. Fifty two. That's when 648 00:53:39,075 --> 00:53:41,955 that clock began. And then when they came 649 00:53:41,955 --> 00:53:45,155 up with their referenda, it was actually four 650 00:53:45,155 --> 00:53:47,635 years after that. It was not three months. 651 00:53:47,635 --> 00:53:51,809 Three years and some months. That's because we're 652 00:53:51,809 --> 00:53:55,329 talking about the city of East Moline, and 653 00:53:55,329 --> 00:53:57,650 the city of East Moline was a under 654 00:53:57,890 --> 00:54:01,089 the managerial form of government. It has an 655 00:54:01,089 --> 00:54:05,415 entire different section within the statutes that says 656 00:54:05,415 --> 00:54:09,975 it becomes a city. Or I'm sorry. The 657 00:54:09,975 --> 00:54:12,935 effects of the election are effective then. And 658 00:54:12,935 --> 00:54:16,580 that's what the appellate court pointed out. But 659 00:54:16,580 --> 00:54:18,500 while the appellate court was looking at that 660 00:54:18,500 --> 00:54:21,540 and made that decision rightfully in accordance with 661 00:54:21,540 --> 00:54:24,740 the statute, and today that statute still exists. 662 00:54:24,740 --> 00:54:28,900 It exists under section five of the municipal 663 00:54:28,900 --> 00:54:35,985 code. Allow me to read to you what 664 00:54:35,985 --> 00:54:38,785 the appellate court said in De Dunker, which 665 00:54:38,785 --> 00:54:40,945 had nothing really to do with De Dunker. 666 00:54:40,945 --> 00:54:43,345 They went back and started talking about Mason 667 00:54:43,660 --> 00:54:46,620 because they had they're ruling different now, aren't 668 00:54:46,620 --> 00:54:49,580 they? In Mason, they said the clock starts 669 00:54:49,580 --> 00:54:53,100 once you have elected those officials and they've 670 00:54:53,100 --> 00:54:57,260 been placed in the office. They begin functioning. 671 00:54:58,845 --> 00:55:01,245 In the docker, they're saying, well, no. There's 672 00:55:01,245 --> 00:55:11,280 existing statute under municipal managerial municipalities that say 673 00:55:11,280 --> 00:55:15,280 it becomes effective upon the election or upon 674 00:55:15,280 --> 00:55:19,040 the referenda that goes into that. So allow 675 00:55:19,040 --> 00:55:21,360 me to read real quick. The court says 676 00:55:21,360 --> 00:55:27,055 this in the DACA. The sole issue before 677 00:55:27,055 --> 00:55:30,095 us was this and they're talking about Mason. 678 00:55:30,335 --> 00:55:32,895 The sole issue before us was the sufficiency 679 00:55:32,975 --> 00:55:36,655 of the petition, and the precise question was 680 00:55:36,655 --> 00:55:40,040 whether paragraph 20 dash 13 permits the filing 681 00:55:40,040 --> 00:55:43,480 of such a petition before the municipality has 682 00:55:43,480 --> 00:55:46,200 had a full four years of city management 683 00:55:46,200 --> 00:55:50,440 government. We held it did not, that the 684 00:55:50,440 --> 00:55:54,735 petition, election, abandonment, or retention of the city 685 00:55:55,135 --> 00:55:59,935 government are parts of a series of acts, 686 00:56:02,255 --> 00:56:04,655 that it was not intended that the petition 687 00:56:04,655 --> 00:56:08,950 or election be mere preliminary steps of abandonment 688 00:56:10,630 --> 00:56:13,350 and that none of the various steps in 689 00:56:13,350 --> 00:56:15,990 that series of acts, the petition to abandon, 690 00:56:15,990 --> 00:56:19,030 may proceed the expiration of the four years 691 00:56:19,030 --> 00:56:21,865 of time set out in the statute. There 692 00:56:21,865 --> 00:56:24,345 is no issue before us here, and we 693 00:56:24,345 --> 00:56:28,025 did not determine that or when was the 694 00:56:28,025 --> 00:56:29,945 point of the beginning of the operation of 695 00:56:29,945 --> 00:56:32,665 the city under the managerial form of government 696 00:56:33,680 --> 00:56:36,720 form, which we required for the four year 697 00:56:36,720 --> 00:56:41,599 period. In essence, the doctor has nothing to 698 00:56:41,599 --> 00:56:43,519 do with what we're doing today except when 699 00:56:43,519 --> 00:56:46,640 the court reaffirms what it said in Mason. 700 00:56:47,765 --> 00:56:50,645 And in Mason, they said, it does not 701 00:56:50,645 --> 00:56:54,245 start. The clock does not start until the 702 00:56:54,245 --> 00:56:57,365 officials are elected, not when the referendum was 703 00:56:57,365 --> 00:56:59,765 passed. Because in this case, it was passed 704 00:56:59,765 --> 00:57:05,350 back in 02/2018. It's when the the representatives 705 00:57:06,950 --> 00:57:10,070 district representatives are elected, and they are sworn 706 00:57:10,070 --> 00:57:13,670 into office twenty months ago. And the court 707 00:57:13,670 --> 00:57:18,135 specifically says it was the legislature's intent that 708 00:57:18,215 --> 00:57:23,175 that go unchallenged with a referenda or a 709 00:57:23,175 --> 00:57:26,615 petition until that time had expired. And they're 710 00:57:26,615 --> 00:57:28,295 very specific about that, and I read through 711 00:57:28,295 --> 00:57:33,840 all that. And let me see. I made 712 00:57:33,840 --> 00:57:36,240 a few more notes on Mr. Working's comments. 713 00:57:36,640 --> 00:57:40,480 I think I covered most of them. Oh, 714 00:57:40,480 --> 00:57:41,840 I did want to say this. I thought 715 00:57:41,840 --> 00:57:46,145 it was of interest. Today well, under at 716 00:57:46,145 --> 00:57:48,065 the time of the the DACA case or 717 00:57:48,065 --> 00:57:52,385 for managerial forms of government, they started the 718 00:57:52,385 --> 00:57:55,905 clock when the referenda passed. Right? That's what 719 00:57:55,905 --> 00:57:58,705 the decision was in the DACA. However, if 720 00:57:58,705 --> 00:58:01,500 you look at today's statutes under the municipal 721 00:58:01,500 --> 00:58:05,660 code under section five pertaining only to the 722 00:58:05,660 --> 00:58:12,140 managerial form of government, it specifically reads I 723 00:58:12,140 --> 00:58:13,740 could pull it up, but to the effect, 724 00:58:14,615 --> 00:58:18,694 it says that the clock the under the 725 00:58:18,694 --> 00:58:22,214 managerial form of government, it begins to function 726 00:58:22,214 --> 00:58:24,775 as a managerial form of government if that's 727 00:58:24,775 --> 00:58:29,120 adopted once they have appointed a manager, not 728 00:58:29,120 --> 00:58:31,920 when the referendum was passed. Because, obviously, you 729 00:58:31,920 --> 00:58:34,160 can't start a managerial form of government until 730 00:58:34,160 --> 00:58:36,080 you have a manager, and you start functioning 731 00:58:36,080 --> 00:58:38,480 as a managerial form of government. And that's 732 00:58:38,480 --> 00:58:41,440 the argument here by the objectors. You cannot 733 00:58:41,440 --> 00:58:44,885 begin to act as a village rep with 734 00:58:44,885 --> 00:58:49,045 district representation until you have gone through the 735 00:58:49,045 --> 00:58:53,125 steps, which were done, and then you elect 736 00:58:53,205 --> 00:58:57,160 your representatives by district, and then they are 737 00:58:57,160 --> 00:59:00,360 sworn into office, and they begin to act 738 00:59:00,360 --> 00:59:03,960 in their official capacity. Now you are engaged 739 00:59:03,960 --> 00:59:10,120 in district representation. And according to the appellate 740 00:59:10,120 --> 00:59:14,005 court, which is not binding, but it's guidelines. 741 00:59:15,365 --> 00:59:17,445 And I'm sure any other court would look 742 00:59:17,445 --> 00:59:19,045 at that, and I'm sure they have over 743 00:59:19,045 --> 00:59:21,605 the years and said this makes sense. You 744 00:59:21,605 --> 00:59:24,165 cannot be something until you start till you 745 00:59:24,165 --> 00:59:26,980 have all the components present and you begin 746 00:59:26,980 --> 00:59:32,580 to function in that manner. And as far 747 00:59:32,580 --> 00:59:35,220 as his closing statement, let the voters decide. 748 00:59:35,780 --> 00:59:38,980 It's not the voters' decision on whether or 749 00:59:38,980 --> 00:59:41,415 not this gets on the ballot. It's a 750 00:59:41,415 --> 00:59:46,135 matter of statute and case law. That opportunity 751 00:59:46,135 --> 00:59:49,735 for the voters to decide existed back in 752 00:59:50,535 --> 00:59:54,535 November of twenty eighteen, and the voters spoke. 753 00:59:55,495 --> 00:59:59,790 And the statutes allow it to return, not 754 00:59:59,790 --> 01:00:04,990 today, in the future. And that concludes my 755 01:00:05,550 --> 01:00:40,715 responses. Thank you. Mr. Gelson? I think there 756 01:00:40,715 --> 01:00:48,635 is some information that we're overlooking, and we 757 01:00:48,635 --> 01:00:54,930 keep talking about letting the voters decide. 1,725 758 01:00:54,930 --> 01:00:59,010 people did decide. However, that was done in 759 01:00:59,010 --> 01:01:06,130 November of twenty eighteen. This is January 2023, 760 01:01:07,325 --> 01:01:10,285 and we are looking forward to an election 761 01:01:10,285 --> 01:01:13,965 that's coming up. And right now, the four 762 01:01:13,965 --> 01:01:17,965 years is not being put in place as 763 01:01:17,965 --> 01:01:24,220 it should be. Will have, shall has, have 764 01:01:25,820 --> 01:01:32,940 different until it has operated for four years 765 01:01:33,444 --> 01:01:39,285 is what we're looking at. Mister Rutman stated 766 01:01:39,285 --> 01:01:44,484 that we think that it's going to automatically 767 01:01:44,484 --> 01:01:48,000 drop out in those persons who are in 768 01:01:48,000 --> 01:01:54,320 position automatically come out. That's not what's before 769 01:01:54,320 --> 01:01:58,160 us. What's before us is the four years. 770 01:01:59,214 --> 01:02:01,855 This is what we worked on the four 771 01:02:01,855 --> 01:02:06,734 years for the people. The decision that they 772 01:02:06,734 --> 01:02:12,494 made at that time, they ought to be 773 01:02:12,494 --> 01:02:16,310 able to see that out. A lot of 774 01:02:16,790 --> 01:02:22,150 this is it's not working. It has to 775 01:02:22,150 --> 01:02:26,710 be given the opportunity first to work before 776 01:02:26,710 --> 01:02:31,195 you say it's not working. It has to 777 01:02:31,195 --> 01:02:35,835 be given the opportunity to work before you 778 01:02:35,835 --> 01:02:40,075 say it's not working. When you say it's 779 01:02:40,075 --> 01:02:42,635 not working right now, you're telling us that 780 01:02:42,635 --> 01:02:45,410 you do not want it to work, which 781 01:02:45,410 --> 01:02:48,930 I don't think anyone would say that out 782 01:02:48,930 --> 01:02:56,210 and out. Great things come with great thought. 783 01:02:57,730 --> 01:03:01,615 Four years is four years. We have to 784 01:03:01,615 --> 01:03:08,335 look at that, the four years. April, May 785 01:03:08,335 --> 01:03:16,150 four, May four, two zero two zero was 786 01:03:16,150 --> 01:03:20,310 it. So we're looking at the four year, 787 01:03:21,270 --> 01:03:25,865 not the two year. The four. As far 788 01:03:25,865 --> 01:03:33,545 as operation and operate, we're talking about people 789 01:03:33,545 --> 01:03:36,905 that were voted for, who are in position, 790 01:03:38,310 --> 01:03:42,470 who are doing the work for the constituency, 791 01:03:43,270 --> 01:03:51,830 and this is being appended because we don't 792 01:03:51,830 --> 01:03:59,875 see it working. And it is working, but 793 01:03:59,875 --> 01:04:04,835 there are steps that's involved in this for 794 01:04:04,835 --> 01:04:08,430 it to work for the four years, not 795 01:04:08,430 --> 01:04:11,710 stopping it in midstream and say the current 796 01:04:11,710 --> 01:04:15,230 is going five miles an hour, and we 797 01:04:15,230 --> 01:04:18,750 want it to go four, three, two, one, 798 01:04:18,990 --> 01:04:22,270 or even more so standing still. We are 799 01:04:22,270 --> 01:04:27,445 looking at what is happening. No. We are 800 01:04:27,445 --> 01:04:33,925 not putting up roadblocks for the village. That 801 01:04:33,925 --> 01:04:37,605 was stated. There are no roadblocks for the 802 01:04:37,605 --> 01:04:44,390 village. We, as the constituency, as the citizenry 803 01:04:44,390 --> 01:04:52,535 of this community, don't want roadblocks. Forty six 804 01:04:52,535 --> 01:04:56,375 years, I've looked at Rand Tool as a 805 01:04:56,375 --> 01:05:05,130 kaleidoscope. We wanted to be a kaleidoscope. There 806 01:05:05,290 --> 01:05:12,329 are no corn tosses on who gets to 807 01:05:12,329 --> 01:05:18,905 decide. The people decide. But today, on this 808 01:05:18,905 --> 01:05:24,505 date, seventeen January, it's just a decision of 809 01:05:24,505 --> 01:05:30,009 the board, this electoral board, to decide whether 810 01:05:30,009 --> 01:05:37,930 it's been twenty months or forty eight months. 811 01:05:39,289 --> 01:05:42,410 Further down in here, it says forty six 812 01:05:42,410 --> 01:05:47,575 months. Whether it's been twenty months or forty 813 01:05:47,575 --> 01:05:53,335 six months, many educators are in here. That's 814 01:05:53,335 --> 01:06:02,110 not arithmetic. That's common sense. Forty six months 815 01:06:02,190 --> 01:06:05,869 if you don't want the 48. That's not 816 01:06:06,829 --> 01:06:13,535 mathematics. That's arithmetic. That's common sense. We're talking 817 01:06:13,535 --> 01:06:18,095 about the operation of it. They could not 818 01:06:18,095 --> 01:06:21,935 have been seated. We had to do the 819 01:06:22,735 --> 01:06:25,859 districting for the maps. All of that had 820 01:06:25,859 --> 01:06:30,740 to be drawn up. That took time. The 821 01:06:30,740 --> 01:06:35,619 election had taken place. They got their petitions. 822 01:06:35,859 --> 01:06:38,660 They got their signatures. They turned them in 823 01:06:38,660 --> 01:06:43,705 to the clerk. That took time. But in 824 01:06:43,705 --> 01:06:49,945 April, the election and May 4, that's when 825 01:06:50,345 --> 01:06:58,230 the clock started, not February. You may want 826 01:06:58,230 --> 01:07:00,470 it to have started there, but the statute 827 01:07:00,470 --> 01:07:05,190 does not say that. It says, given the 828 01:07:05,190 --> 01:07:10,995 opportunity for four years without interruption. This is 829 01:07:10,995 --> 01:07:17,075 interruption. This is interruption. I'm asking that the 830 01:07:17,075 --> 01:07:23,800 board, as you are seated, would vote to 831 01:07:23,800 --> 01:07:28,840 not place this on the ballot in April. 832 01:07:32,120 --> 01:07:33,880 And I pray god's will on each of 833 01:07:33,880 --> 01:07:49,775 you. And that ends the rebuttal part. Now 834 01:07:49,775 --> 01:08:19,899 we have the sir rebuttal. Mister Porkman? The 835 01:08:19,899 --> 01:08:24,540 process for producing this petition has been carefully 836 01:08:24,540 --> 01:08:29,715 followed. The first step was to produce documents 837 01:08:29,715 --> 01:08:36,675 following the Illinois Municipal Code 65 ILCS section 838 01:08:36,675 --> 01:08:42,274 five slash 3.1 dash 25 dash 85 with 839 01:08:42,274 --> 01:08:46,569 the proper wording, which we did. Second step 840 01:08:46,569 --> 01:08:50,410 was to circulate petitions and get signatures of 841 01:08:50,410 --> 01:08:53,130 not less than 5% of the electors of 842 01:08:53,130 --> 01:09:00,575 the village. 5%. The only number we have 843 01:09:00,575 --> 01:09:03,455 to go by right now is the election 844 01:09:03,455 --> 01:09:08,814 of two thousand twenty one, which was 7,097 845 01:09:09,375 --> 01:09:13,609 registered voters. That's the only number we have 846 01:09:13,609 --> 01:09:17,449 right now because the county clerk has not 847 01:09:17,449 --> 01:09:22,250 released or publicized the November election results by 848 01:09:22,250 --> 01:09:27,965 districts, which we've tried to get several different 849 01:09:27,965 --> 01:09:32,604 times and have not received yet. That 5% 850 01:09:32,604 --> 01:09:39,609 equals 355 signatures. We attained 550 plus signatures 851 01:09:39,609 --> 01:09:41,290 in a short period of time that I 852 01:09:41,290 --> 01:09:44,250 gave people to get signatures. We could have 853 01:09:44,250 --> 01:09:47,210 attained a lot more signatures have I given 854 01:09:47,210 --> 01:09:51,050 people more time to do that, but we 855 01:09:51,050 --> 01:09:55,125 have more than enough signatures. We then filed 856 01:09:55,125 --> 01:10:01,685 the petition on 12/03/2022 as miss Gray has 857 01:10:01,685 --> 01:10:07,000 pointed out the procedures that we followed. The 858 01:10:07,000 --> 01:10:08,760 petition will go on to ballot for the 859 01:10:08,760 --> 01:10:20,600 election of April 2023. If voted in by 860 01:10:20,600 --> 01:10:24,625 the people, some things will happen. First of 861 01:10:24,625 --> 01:10:29,825 all, when Dell's is worried about trustees not 862 01:10:29,825 --> 01:10:37,185 being able to fulfill their obligation, trustees will 863 01:10:38,659 --> 01:10:42,420 not be removed from the board because of 864 01:10:42,420 --> 01:10:47,219 this petition that have been elected at districts. 865 01:10:47,540 --> 01:10:51,065 They will be allowed to fulfill their term. 866 01:10:51,545 --> 01:10:56,905 The first election that this petition would go 867 01:10:56,905 --> 01:11:01,625 into effect would be 2025 at which time 868 01:11:02,140 --> 01:11:07,740 it would go into effect. And then the 869 01:11:08,140 --> 01:11:15,675 electorate would elect trustees at large. The trustees 870 01:11:15,675 --> 01:11:22,715 elected in the spring will be district trustees. 871 01:11:23,114 --> 01:11:26,929 So for the next two years, all the 872 01:11:26,929 --> 01:11:30,690 trustees on the board will be district trustees 873 01:11:31,090 --> 01:11:36,849 still for two more years. So we're not 874 01:11:37,409 --> 01:11:45,875 getting rid of the people off of the 875 01:11:45,875 --> 01:11:49,635 board that have been elected as district trustees 876 01:11:49,795 --> 01:11:52,835 for four more years for two more years. 877 01:11:56,640 --> 01:11:58,960 As is the case in these two cases 878 01:11:58,960 --> 01:12:01,920 that have been brought up, which are talking 879 01:12:01,920 --> 01:12:05,680 totally about getting rid of mayor positions and 880 01:12:05,680 --> 01:12:11,385 not trustee positions, which is why they really 881 01:12:11,385 --> 01:12:15,945 do not apply to the situation that we're 882 01:12:15,945 --> 01:12:24,370 in. The last ordinance to form districts for 883 01:12:24,370 --> 01:12:26,770 the village of Rantoul was voted on and 884 01:12:26,770 --> 01:12:37,805 passed on November 2019. The statement that the 885 01:12:37,805 --> 01:12:41,725 managerial form must have operated for four years 886 01:12:41,725 --> 01:12:46,205 before a petition can be filed to abandon 887 01:12:46,205 --> 01:12:52,790 is true. The keyword that has been bannered 888 01:12:52,790 --> 01:13:03,595 around is operated. The only court case that 889 01:13:03,595 --> 01:13:07,675 has dealt with that term operation has been 890 01:13:07,675 --> 01:13:14,630 Donker. The Mason case didn't address that at 891 01:13:14,630 --> 01:13:22,869 all. And the last case, the Mason case 892 01:13:23,909 --> 01:13:27,349 was filed and and entered and done on 893 01:13:27,349 --> 01:13:33,545 October 1957. The Donker case, the decision was 894 01:13:33,545 --> 01:13:43,830 made on December 1959, '2 years later. Their 895 01:13:43,830 --> 01:13:48,150 decision stated that the operation started when the 896 01:13:48,150 --> 01:13:53,670 ordinance to form district was voted on. Period. 897 01:13:55,455 --> 01:13:58,815 Plain and simple. That's what the law is. 898 01:13:58,975 --> 01:14:05,695 That's what the decision was and is. Period. 899 01:14:10,480 --> 01:14:13,120 Dunkirk versus East Moline has stated that the 900 01:14:13,120 --> 01:14:17,199 operation started when the ordinance to form districts 901 01:14:17,760 --> 01:14:25,495 for the village was voted on. The last 902 01:14:25,495 --> 01:14:27,895 ordinance to form districts for the village of 903 01:14:27,895 --> 01:14:32,135 Rantua was voted on and passed on November 904 01:14:32,135 --> 01:14:40,660 2018. The operation started when the ordinance was 905 01:14:40,660 --> 01:14:50,155 voted on and passed on November 2018. The 906 01:14:50,155 --> 01:14:58,395 filing date of our petition was 12/03/2022. That's 907 01:14:58,395 --> 01:15:05,940 obviously more than four years. The election will 908 01:15:05,940 --> 01:15:25,915 be April 2023. The petition says trustees shall 909 01:15:25,995 --> 01:15:41,440 be hereafter elected. That means in 2025. The 910 01:15:41,440 --> 01:15:52,065 petition should go on to ballot. We should 911 01:15:52,065 --> 01:15:57,025 let the people decide whether we should have 912 01:15:57,025 --> 01:16:01,760 districts or not. Time has passed. All the 913 01:16:01,760 --> 01:16:09,199 trustees will serve their time. End of discussion. 914 01:16:11,735 --> 01:16:18,935 Alright. Thank you everyone for your participation. Alright. 915 01:16:20,695 --> 01:16:24,150 Alright. Board, is there any items that you'd 916 01:16:24,150 --> 01:16:25,910 like to talk about in consideration of this 917 01:16:25,910 --> 01:16:34,470 case? It's now open for your comments. Mr. 918 01:16:34,470 --> 01:16:38,525 Mayor, I have a question or comment or 919 01:16:38,525 --> 01:16:41,165 I guess both. Sure. Let me get your 920 01:16:41,165 --> 01:16:44,205 mic closer. Yeah. And I'm kinda hoarse too, 921 01:16:44,205 --> 01:16:47,645 so excuse my excuse my voice. The, I 922 01:16:47,645 --> 01:16:50,605 guess, and this is probably directed toward our 923 01:16:50,605 --> 01:16:54,340 legal counsel. Can you explain a bit of 924 01:16:54,420 --> 01:16:58,180 the proof of service in regards to what 925 01:16:58,180 --> 01:17:01,860 we're dealing with here today? I think I 926 01:17:01,860 --> 01:17:04,660 can, also I think it's just the season, 927 01:17:05,125 --> 01:17:07,525 is I think it's relative to the idea 928 01:17:07,525 --> 01:17:09,685 of the board rules that were adopted. And 929 01:17:09,685 --> 01:17:12,244 just as a quick background, if you recall 930 01:17:12,244 --> 01:17:15,844 a few years ago, there was another, electoral 931 01:17:15,844 --> 01:17:18,645 board hearing that was relative to nominating papers 932 01:17:18,645 --> 01:17:21,210 for a candidate. Some rules were adopted at 933 01:17:21,210 --> 01:17:23,850 that time, but those rules were really categorized 934 01:17:23,850 --> 01:17:26,250 as specific to that particular issue, which was 935 01:17:26,250 --> 01:17:30,570 a candidate's nominating papers. In my review of 936 01:17:30,570 --> 01:17:33,375 that, I felt the rule should account for 937 01:17:33,375 --> 01:17:35,934 both possibilities, which is either candidates nominating papers 938 01:17:35,934 --> 01:17:37,614 or exactly why we're here today, which is 939 01:17:37,614 --> 01:17:40,735 a petition for a public question. The certificate 940 01:17:40,735 --> 01:17:43,375 of service, I think, is driven to, what 941 01:17:43,375 --> 01:17:44,815 may be described in there in terms of, 942 01:17:44,815 --> 01:17:46,735 like, preliminary motions. Right? So we know this 943 01:17:46,735 --> 01:17:48,790 is gonna get scheduled. Maybe one side or 944 01:17:48,790 --> 01:17:50,790 the other wants to file a preemptive or 945 01:17:50,790 --> 01:17:52,710 preliminary motion on the idea of what they're 946 01:17:52,710 --> 01:17:54,390 going to argue about or maybe what the 947 01:17:54,390 --> 01:17:56,710 board should address right up front before anything 948 01:17:56,710 --> 01:17:59,590 else happens. And so, realistically, that would be 949 01:17:59,590 --> 01:18:01,110 driven to the idea of I I I 950 01:18:01,110 --> 01:18:02,545 need to make sure I've served the other 951 01:18:02,545 --> 01:18:03,985 side with it because this is what I 952 01:18:03,985 --> 01:18:07,025 wanna argue about first. Right? And so appreciate 953 01:18:07,025 --> 01:18:09,025 mister Workman, I think, providing a certificate of 954 01:18:09,025 --> 01:18:11,505 service indicating service today, think, really within the 955 01:18:11,505 --> 01:18:15,344 hearing of his written, response to objections. But 956 01:18:15,344 --> 01:18:17,820 I think that's, I don't know. I wouldn't 957 01:18:17,820 --> 01:18:19,659 say that that was an absolute necessity here 958 01:18:19,659 --> 01:18:21,659 because here, the hearing is both sides get 959 01:18:21,659 --> 01:18:22,940 to say their piece. They get to submit 960 01:18:22,940 --> 01:18:25,739 whatever they like to submit, during the hearing, 961 01:18:25,739 --> 01:18:27,820 and that's why you have rebuttal and surrebuttal 962 01:18:27,820 --> 01:18:30,945 is to address maybe things or points that 963 01:18:30,945 --> 01:18:33,505 are brought up within the hearing itself. And 964 01:18:33,505 --> 01:18:35,425 so, again, I hopefully that kind of answers 965 01:18:35,425 --> 01:18:37,985 the question. Yeah. Yeah. That's helpful. Thank you. 966 01:18:40,065 --> 01:18:43,105 Ms. Gray, you have anything? I do not 967 01:18:43,105 --> 01:18:49,130 have anything. No. Okay. In consideration of this 968 01:18:49,130 --> 01:18:51,690 case, I'm hearing that at the I can't 969 01:18:51,690 --> 01:18:53,610 hear you. It's not going Let's just get 970 01:18:53,610 --> 01:18:56,330 this thing real close. In the consideration of 971 01:18:56,330 --> 01:19:01,815 this case, I'm hearing that it's the servitude 972 01:19:01,815 --> 01:19:04,615 of the four years that all the trustees 973 01:19:04,615 --> 01:19:07,494 were originally elected to is what's in question. 974 01:19:09,895 --> 01:19:15,749 So I don't see where there would be 975 01:19:16,230 --> 01:19:18,790 an objection to that. I'm having trouble with 976 01:19:18,790 --> 01:19:20,469 that because everybody's going to get a chance 977 01:19:20,469 --> 01:19:23,590 to see their four years out before this 978 01:19:23,590 --> 01:19:28,925 comes into play. Is that from mister Wesner, 979 01:19:28,925 --> 01:19:31,325 is that how your inter your interpretation is 980 01:19:31,325 --> 01:19:36,285 then of that also? I I guess, mayor, 981 01:19:36,765 --> 01:19:38,610 what I'll say is this again. Not as 982 01:19:38,610 --> 01:19:41,250 an advocate for either side of this question. 983 01:19:41,330 --> 01:19:43,490 I understand that. That ultimately kind of is 984 01:19:43,490 --> 01:19:45,810 the issue. You know, both sides have commented 985 01:19:45,810 --> 01:19:47,570 about a couple of cases that come from 986 01:19:47,570 --> 01:19:51,304 a district a different appellate court district. What 987 01:19:51,304 --> 01:19:53,625 I will suggest is, mister Workman suggested that 988 01:19:53,625 --> 01:19:55,385 they don't apply period because they're not within 989 01:19:55,385 --> 01:19:58,585 this district. That's not exactly accurate. You know? 990 01:19:58,585 --> 01:20:01,304 And both of those cases really are more 991 01:20:01,304 --> 01:20:05,100 driven to the idea of statutory interpretation rather 992 01:20:05,100 --> 01:20:07,340 than the nature of the position that's involved 993 01:20:07,340 --> 01:20:09,340 in that particular case. Or mister Workman was 994 01:20:09,340 --> 01:20:10,620 pointing out, well, that's the mayor, so it 995 01:20:10,620 --> 01:20:11,900 really doesn't apply here because we're talking about 996 01:20:11,900 --> 01:20:14,140 trustees. I I would suggest I'm not sure 997 01:20:14,140 --> 01:20:15,900 that really is an argument to be made 998 01:20:15,900 --> 01:20:18,220 about this because it's driven to interpretation of 999 01:20:18,220 --> 01:20:21,054 statute. And I think you've hit on ultimately 1000 01:20:21,054 --> 01:20:23,695 the issue, and it's not really driven by 1001 01:20:23,695 --> 01:20:26,335 whether the currently elected trustees or those who 1002 01:20:26,335 --> 01:20:28,335 would be elected at the April would serve 1003 01:20:28,335 --> 01:20:31,375 out a particular amount of term. It really 1004 01:20:31,375 --> 01:20:34,500 boils down to what starts the clock for 1005 01:20:34,500 --> 01:20:36,820 the statutory reference to a four year period 1006 01:20:36,820 --> 01:20:39,139 of operation. Okay. And so that that's kind 1007 01:20:39,139 --> 01:20:41,300 of the issue that you have. Okay. Alright. 1008 01:20:41,300 --> 01:20:43,139 And miss mister mayor, that would be my 1009 01:20:43,139 --> 01:20:48,235 only comment. In here, state statute is has 1010 01:20:48,235 --> 01:20:51,675 some cases that have been reviewed, but none 1011 01:20:51,675 --> 01:20:55,275 of them definitely have stated when the district 1012 01:20:55,275 --> 01:20:58,875 ring begins. What is the mechanism that creates 1013 01:20:58,875 --> 01:21:01,720 it? Is the referendum that says it's going 1014 01:21:01,720 --> 01:21:05,080 to happen that way occur? Is it an 1015 01:21:05,080 --> 01:21:09,000 ordinance adopted by the municipality stating here are 1016 01:21:09,000 --> 01:21:11,960 districts? Or is it the first election where 1017 01:21:11,960 --> 01:21:15,215 district trustees are elected? Mhmm. I'm picking up 1018 01:21:15,215 --> 01:21:18,895 on that as well. Yeah. Okay. Alright. If 1019 01:21:19,055 --> 01:21:21,135 I if I may add. Yes. I'm take 1020 01:21:21,135 --> 01:21:23,935 my math off again. Sorry. Yeah. If I 1021 01:21:23,935 --> 01:21:25,695 may add, you know, the the the the 1022 01:21:25,695 --> 01:21:27,630 question of, like you say, that when the 1023 01:21:27,630 --> 01:21:31,630 clock starts, and and both sides made some 1024 01:21:31,630 --> 01:21:35,310 compelling compelling arguments toward that to, you know, 1025 01:21:35,310 --> 01:21:38,955 you know, foreign against and so forth. You 1026 01:21:38,955 --> 01:21:42,395 know, so in action, in this case, the 1027 01:21:42,395 --> 01:21:47,115 action of the ordinance taking effect, it doesn't 1028 01:21:47,115 --> 01:21:49,515 seem that it can take effect without people. 1029 01:21:50,155 --> 01:21:55,429 Right? We're talking about government, which is people. 1030 01:21:55,910 --> 01:22:00,870 So if the action started, let's say, and 1031 01:22:00,870 --> 01:22:06,310 it took three years to elect people, then 1032 01:22:07,345 --> 01:22:09,665 from how I see it, that's when the 1033 01:22:09,665 --> 01:22:15,105 action start, that three year later. Yeah, that's 1034 01:22:15,105 --> 01:22:17,425 just, I'm thinking, I'm just talking out loud, 1035 01:22:17,425 --> 01:22:19,265 thinking out loud, whatever the saying is. Yeah, 1036 01:22:19,265 --> 01:22:23,340 you're just hearing it now. Yeah, yeah. So, 1037 01:22:23,340 --> 01:22:25,980 yeah. That's I just felt the need to 1038 01:22:25,980 --> 01:22:29,340 say that. Okay. That's fine. That's fine. Okay. 1039 01:22:29,340 --> 01:22:33,020 Any other comments from the electoral board? No, 1040 01:22:33,020 --> 01:22:37,535 sir. All right. Then board, I'm going to 1041 01:22:37,535 --> 01:22:41,375 ask you to make a decision. So I 1042 01:22:41,375 --> 01:22:43,855 need a motion to entertain or I need 1043 01:22:43,855 --> 01:22:46,335 to entertain a motion to uphold the objection 1044 01:22:46,335 --> 01:22:50,440 before you. Well, mister mayor, I'll make that 1045 01:22:50,440 --> 01:22:52,520 motion to entertain the motion to uphold the 1046 01:22:52,520 --> 01:22:55,960 objection before us. Alright. I will second it. 1047 01:22:55,960 --> 01:22:59,880 Alright. Madam Clark, we have a motion on 1048 01:22:59,880 --> 01:23:01,480 the floor with a second. Would you do 1049 01:23:01,480 --> 01:23:11,324 a roll call, please? Mayor Smith. I vote 1050 01:23:11,324 --> 01:23:13,565 not to go forward with the objection. I 1051 01:23:13,565 --> 01:23:19,440 vote no. Madam clerk, right? No. Trustee Hall? 1052 01:23:20,160 --> 01:23:28,800 I vote to go with the objection. Mister 1053 01:23:28,800 --> 01:23:34,065 clerk? It does not take unanimous clerk. If 1054 01:23:34,065 --> 01:23:36,785 you would please read what the vote was 1055 01:23:36,785 --> 01:23:39,585 then. Yes. The vote is two to one. 1056 01:23:39,585 --> 01:23:47,660 Alright. Very good. Thank you. Alright. Okay. Alright. 1057 01:23:47,820 --> 01:23:56,300 The vote the motion was to uphold the 1058 01:23:56,300 --> 01:24:00,335 objection before you. Upholding the objection before you 1059 01:24:00,335 --> 01:24:02,175 would mean that it would not go on 1060 01:24:02,175 --> 01:24:07,215 the ballot. The vote was two to one, 1061 01:24:07,614 --> 01:24:10,975 so the motion was did not pass. It 1062 01:24:10,975 --> 01:24:15,430 was not approved. So therefore, the petition goes 1063 01:24:15,430 --> 01:24:19,750 on the ballot. Am I correct, mister attorney? 1064 01:24:19,750 --> 01:24:23,350 Did I explain that correctly? Okay. Very good. 1065 01:24:23,830 --> 01:24:27,965 Goes on the ballot. Yes. Alright. Board, I 1066 01:24:27,965 --> 01:24:30,925 need a motion to adjourn. Mister mayor, I'll 1067 01:24:30,925 --> 01:24:37,244 make that motion. Okay. Second. Second. If you 1068 01:24:37,244 --> 01:24:39,085 would, please. We're we're not done yet, folks. 1069 01:24:42,310 --> 01:24:44,550 There will be a record of decision signed 1070 01:24:44,550 --> 01:24:46,550 by the electoral board. It will not be 1071 01:24:46,550 --> 01:24:48,870 immediate because we did not know what the 1072 01:24:48,870 --> 01:24:51,510 outcome of this meeting would be. But when 1073 01:24:51,510 --> 01:24:53,190 it is available, it will be sent to 1074 01:24:53,190 --> 01:24:56,550 all parties that were involved with the objection. 1075 01:24:56,870 --> 01:24:58,675 Okay. I have a motion on the floor 1076 01:24:58,675 --> 01:25:02,195 to adjourn, and you'll start with mister Hall, 1077 01:25:02,195 --> 01:25:06,114 please. Okay. Trustee Hall? Yes. Mayor Smith? Yes. 1078 01:25:06,114 --> 01:25:08,995 And and madam clerk Gray? Yes. Okay. Very 1079 01:25:08,995 --> 01:25:10,995 good. Ladies and gentlemen, thank you for coming. 1080 01:25:10,995 --> 01:25:11,875 We are now adjourned.