An electoral board hearing took place on
Monday,
February 7, 2005 at the McHenry County Government
Center in Woodstock, Illinois.. Members of the board
include Richmond village board trustee Daniel Deters,
trustee Dave Kielpinski and Richmond village clerk
Karla Thomas. Richmond Village Attorney, Lisa
Waggoner, represents the board. The purpose of the
meeting was to investigate the objections to the
candidacy of Charles Schultz and his possible presence
on the ballot for the April 2005 election.
The formal objectors are David Del Gatto, a former
village trustee, Susan J. Sullivan, a businessowner in
Richmond, Charles Eldredge Jr.and Chrales H. Eldredge
III, former Richmond village zoning chairman. Del
Gatto and Sullivan were absent but they are
represented by David W. Ellis of the Williams, Dax &
Ellis law firm in Chicago. The Eldredges were present
for the meeting. They are represented by Jeremy W.
Shaw of the Militello, Zanck & Coen firm in Crystal
Lake.
Schultz is represented by David W. McArdle of the
Zukowski, Rogers, Flood & McArdle firm in Crystal
Lake.
According to Ellis and Shaw, Schultz failed to include
a receipt for an economic interest statement that is
required when he turned in his papers to the Richmond
village office on January 25, 2005. However, Schultz
did file the actual economic interest statement at the
office of Katherine Schulz at the McHenry County
government office in Woodstock. It is only the receipt
that is in contention.
Eldredge Jr. said, "He said he was already the village
president on the form." In fact, Schultz entered
"President" in the area where the form asks for the
office he is running for. Eldredge said that Schultz
should have added "candidate for" before the word
"President." Eldredge said he obtained copies of the
paperwork for all people who sought to be on the
ballot including Village President Kevin Brusek. Asked
if there were errors in those papers Eldredge said
they were "clean" but then added they may contain some
errors.
McArdle sent subpoenas on Friday, February 4, to
Brusek, Thomas and Kathy Dalessandro, who is employed
by the village at the village office in various
capacities including the position of deputy clerk. It
is the job of the deputy clerk to gather information
from people seeking nomination and to turn them over
to Thomas, the village clerk. The subpoenas required
that they be present at the hearing on Monday but
Brusek and Dalessandro did not show up.
Thomas appointed Dalessandro to the position of deputy
clerk for this election. According to Thomas the job
of the deputy clerk is to disperse election forms to
the candidates for completion. Once completed the
candidates return the forms to the deputy clerk. The
deputy clerk then puts these materials into a basket
for Thomas to process.
McArdle also wants to subpoena Brusek's and
Dalessandro's voter registration records. Ellis asked
why he wanted this information. McArdle said that the
answers would come out in the presentation of
evidence.
"Our position is that my client properly filed the
documents needed for candidacy," said McArdle.
Attorney Ellis asked McArdle why he sent subpoenas to
Brusek and Dalessandro but McArdle remained tight
lipped. "I will address that issue when the evidence
is presented," said McArdle.
McArdle presented motions to the board. He wants
Thomas removed as a judge because he said he will call
her as a witness. McArdle also said that Thomas
expressed an opinion about Schultz when she told him
he would definitely not be on the ballot in April.
Shaw and Ellis requested time to file responses to
McArdle's motions. There will be at least one more
meeting on Friday, 10:30 a.m. Friday at Richmond
Village Hall, 5600 Hunter Drive to review their
responses and to decide if Thomas will remain on the
board. Thomas will be in the position to vote herself
on or off the board. If Thomas does remain on the
board, their will likely be a hearing before a
courthouse judge next week.
Deters said, "I am very concerned about the time frame
for all of the procedures since the election is coming
up soon."