Case law provided was ignored. Precisely what Cinkus says is:
Accordingly, reading these two statutes together, the disqualifications
provided by section 3.1–10–5(b) of the Illinois Municipal Code render
a candidate ineligible to run for office if not remedied by the time the
candidate files his or her nomination papers. See Schumann v.
Fleming, 261 Ill. App. 3d 1062, 1066 (1994).
Residents, candidates and one sitting Trustee stated the electoral board was biased, including the attorney, Keri-Lyn J. Krafthefer, claiming they ignored case law. What's interesting is that the Keri-Lyn J. Krafthefer stated in the public hearing that the arrears at the time of Oath of Office made him ineligble, yet, she said the folloing regarding a similar case: (click the following paragraph for a link to the story this quote is referencing.
“Right now there are a lot of public officials who are suffering the challenging consequences of economic times, and if anyone who ever missed a water bill could be removed, we could have great turmoil in this state,” Krafthefer said. “Because he corrected the delinquency, I don't believe anyone would have the energy to pursue that.” Keri-Lyn J. Krafthefer
The motions include requests for a briefing schedule, temporary restraining order to prevent Amrichs' name from being removed from the ballot, and finally, a request to hear the case by means of judicial review.
Several persons have been served a summons to answer the appeal including Louis Sharp, Dan Field, Shannon Fox, Thea Morris, Laura Rabattini, Connie Mascillino, Willard Helander (Lake County Clerk) and Katherine Schultz (Clerk for McHenry County).
Among the expected arguments to be heard is the established Illinois Supreme Court ruling of Cinkus vs the Village of Stickney. The legal and binding opinion was that the issue of eligibility matters only when you file your petition for Mayor, not when you sign an Oath of candidacy. Furthermore, Section 3.1-10-5(b) clearly states ineligibility is considered valid if the candiate has not remedied the arrears debt by the time he files his petition for Mayor.
Also, the attorney is asking the judge to consider the illegal electoral hearing, based on how the replacements were chosen.
More on Keri-Lyn J. Krafthefer (KLK) and her legal opinions
OMA violationby Belvidere Township, city council was Keri-Lyn
Chaos and $300k+ in legal fees in Grafton and Wheatland Township battles
Here we have a different "quote" used in Cinkus where KLK argued a debt for an objector but based it on "time petitions were filed"
No!!!!!!!!
ReplyDeleteThis can't be true.
Ms Krafthefer sat as monitor and advisor to the electoral board who ruled against a candidate that had somewhat the same economic problem.
Except in Charlie's case the bill was PAID BEFORE he filed his nomination papers.
Care to explain yourself Ms Keri?
We know you'll be reading here.
Boy!!! I would like to hear the answer to this one.
DeleteFuture case law will be quoting Amrich VS Island Lake instead of Cinkus VS Stickney.
ReplyDeleteNot even elected yet and the For The People slate could be making big changes ..... We hope. Stay tuned.
I'd like to thank the author of this heading - not only for the concise arguments that show that Charlie Amrich and the FOR THE PEOPLE slate will win next week in Court, but as well for all the attachments included under the heading of:
ReplyDelete"More on Keri-Lyn J. Krafthefer (KLK) and her legal opinions",
and more specifically, the following newspaper article:
http://plainfield.patch.com/articles/wheatland-residents-fear-legal-battle-akin-to-that-waged-in-grafton-township
A simple summary argument would be, in citing all the above attachments, is that Attorney Krafthefer all-too-well understands NOT Herrmann & The Herd's current argument, but that she all-too-well understands the FOR THE PEOPLE'S argument, particularly in terms of the arguments she's already made before the Court on this issue numerous times before, as well as acknowledging the superior case law that, in the end, will compel the Lake county circuit Court to rule in favor for Amrich, and AGAINST Fox, Morris, and ultimately Herrmann.
ReplyDeleteIf Krafthefer is so well-schooled and prolific? HOW, you may ask, is it that she's willing to so profoundly contradict herself this time? It's quite simple really. You have the "perfect storm" - a confluence, and the collusion of; 3 of the "world's oldest professions".
In the first place - we have what has been termed to be the "world's oldest profession". For our more younger and sensitive readers - these are those professionals whom are willing to entirely fulfil their client's every whim, desire and fantasy for simple remuneration.
ReplyDeleteIn the second place - we have what has been termed to be the "world's second-oldest profession". Barristers. Those whom are willing to both defend the practitioners and clients of the world's oldest profession, as well as to prosecute them as well - and at the whim of the world's third-oldest profession - all for remunerative AND re-elective ends. Depending on who it is that's paying them - whether it be World One, or World Three. Sometimes a mix.
And in the third place - we have what has been termed to be the "world's third-oldest profession". Politicians - especially INCUMBENT politicians. Who view those practitioners of the second-oldest profession (Krafthefer) to be essentially the world's oldest professional practitioners, as far as they're concerned, as far as their practical needs can be met. As least as they're always willing and ready to accept remuneration from politicians, in attempting to fulfil THEIR every whim, desire and fantasy for simple re-election.
Wow! Whew! DBTR fans himself!! LOL!
The problem facing Island Lake right now?
ReplyDeleteThe incumbent politicians, and their contractors (Sharp & Field - the world's fourth-oldest professionals? - or now, after their Objections; might in fact be, practitioners of the oldest profession in the first place?), are still lobbying and hoping that through the magic of the Village Credit Card, that this merry band of practitioners of ALL the world's oldest professions, are just simply able to entirely fulfil their every whim, desire and fantasy - and that the rest of us - those that pay the bills - will simply just shut up and move on?
Just so we're all once again expected, another 2 years from now - to underwrite once again; another orgy of spending and self-gratification for all these "professional" losers?
And in the end, they all have neither kissed us on our lips, thanked us for a "good time", nor have walked us to our doors! LOL!
ReplyDeleteI'm not "cheap", Island Laker's!
ReplyDeleteAre YOU?
Isn't it about time that YOU, the taxpayers, the Village ITSELF and its residents, start realizing ACTUAL good times, as well?
ReplyDelete“Right now there are a lot of public officials who are suffering the challenging consequences of economic times, and if anyone who ever missed a water bill could be removed, we could have great turmoil in this state,” Krafthefer said. “Because he corrected the delinquency, I don't believe anyone would have the energy to pursue that.” Keri-Lyn J. Krafthefer
ReplyDeleteMissed a water bill? That does not insinuate someone receiving a water bill a day before the filing petitions. Obviously, a water bill has a due date on it, and late fees to be incurred if not paid by that date. You stated if anyone MISSED a water bill. You further state that he corrected the DELINQUENCY.... so, the person was in arrears in his water bill when he filed his petition?
Definition of ARREARAGE
1
: the condition of being in arrears
2
: something that is in arrears; especially : something unpaid and overdue
Try again Keri-Lyn...
Since Charlie had paid his bill BEFORE filing his candacy papers with the clerk, I don't believe anyone would have the energy to pursue that.
By the way, that was a very nice statement written for Shannon's verdict BEFORE the evidence was presented. Did you write it for her? I bet you really like going into court and finding out the judge had made a ruling on your case BEFORE hearing all the evidence.
ReplyDeleteKeri-Lyn, You seem to represent in your comment the very spin this town has been dealing with for all these recent years. Is this why so many of us are upset with the Mayor and your firm at meetings? Is this why an ordinance had to be made(crafted by your firm)to deny the residents the right to ask questions and possibly get answers through dialog that existed under previous Mayors like Amrich? Back in the so-called Mayberry days when we were a community of friendly people. Back when people new what was going on, Good or bad, and it was hashed out through weeks of meeting dialog until a proper evaluation was made after public sentiment. You and your firm in my opinion have helped take away what was great about our town and made it a dictatorship.
ReplyDeleteWell said Mark.
ReplyDeleteAncel Glink thrives on ALL of the controversy whether it be electoral boards or police terminations. To the tune of hundreds of thousands of taxpayer dollars.
Yourself, Charlie and the others on the slate will have your hands full trying to fix the mess that Herrmann has made of our village.
Myself and family will be glad to meet you tomorrow at the meet and greet.
Good luck Mr Amrich on the 19th.
Keri-Lynn,
ReplyDeleteI think you have bilked all you can. It is very sophomoric that you would have to chime in to defend yourself, but for 500,000.00 a year, I would back-flip, jumping-jack and tap dance too. I am not going to argue what is legal with you, but we are not interested in becoming the next Grafton Township or Plainfield.
Samantha, did Charlie ever sue his own trustees to retain his power, wasting thousands and thousands to do it? Did Charlie ever get rid of 70% of the police department? Did charlie aver spend a half million dollars on legal fees in a year, or even during his whole 20 years as mayor? Was Island Lake the laughing stock of Lake County when he was Mayor?
DeletePlease expound on how things were back then versus now.
Samantha, I see you are new here on this blog site. I have been a resident for 22 years. Maybe less than you, I don't know. I saw many uncomfortable meetings while Charlie was Mayor. They usually had residents getting involved in dialog or had trustees debating policy or issues. I was ok with it. Thats what happens when you put it out there for discussion.
DeleteResident for 39 years and back then we got answers to our questions Yes sometimes uncomfortable but in the end 99% of the time things got resolved. The past 3 years and 10 months nothing has been done or resolved.
DeleteThis comment has been removed by the author.
ReplyDeleteI like your style Karen!
ReplyDeleteDebra, I let anger get the better of me which is why I removed the post. @$$hole Stink refused to be fired from Grafton Township ... there's still a few more dollars they can squeeze out of the people. They got a pretty good gig goin don't they? They are the reason people hate lawyers, the current board is the reason people hate politicians, and laker is the reason people think someone pissed in the gene pool.
ReplyDeleteLOL ... the curb is full of "men" such as laker. I hope curbside pick up isn't cut too!
ReplyDeleteand guys like Laker seem to be fixated on men's "johnsons" as he puts it and gay guys....something you are not telling us Laker? Finally coming out of the closet? Is that why you always act like someone pissed in your cornflakes? Sexually frustrated and repressing your true urges? Did your mom not breast fee you enough? AWWWWE!
ReplyDeleteSmart move to remove your comment Middle Ground. Herrmann supporters on the blog are bigoted jerks.
ReplyDelete