The agenda was light at Monday night’s Normal Town Council meeting. However the mood was not so light when councilmember Stan Nord, once again, used his council comments time to ask the town a pointed question. This time he asked, Absent an elected city clerk, how is Normal operating as a compliant “Incorporated Town?” Nord asked for a response in writing.
Nord made reference to;
“(65 ILCS 5/3.1-25-95) (from Ch. 24, par. 3.1-25-95) Sec. 3.1-25-95. Incorporated town officers. For the general municipal election to be held in the year 1985 in every incorporated town with a population of 25,000 or more by the last official census, and every 4 years thereafter, the municipal clerk shall certify the names of the candidates to the proper election authority as provided the general election law. A president, a clerk, an assessor, a collector, and a supervisor shall be elected for a term of 4 years.”
Normal does not elect a clerk, an assessor, a collector, and a supervisor. Instead it is managed by a city manager form of government which is typical of cities. “(65 ILCS 5/3.1-25-95) (from Ch. 24, par. 3.1-25-95) Sec. 3.1-25-95.” does not give towns that option. “The municipal clerk shall certify the names of the candidates to the proper election authority as provided by the general election law. A president, a clerk, an assessor, a collector, and a supervisor shall be elected”
When the word “shall” is used it is a legal term that means the direction is a command. If it were an option, the words “should” or “may” would be used. Neither was used. The word purposely used was “shall!”
On Friday Sept. 2 attorney David Shestokas wrote in his Memorandum of Law in Support of the Petition for Judicial Review in the case of Siracuse versus Dullard that;
“If Normal is an incorporated town then Normal has large problems. Normal is missing required elected positions which would allow them to be operating legally as an incorporated town. Lending institutions and surety bonds holders require the Corporate Authority of the Town of Normal to be legally operating.”
“If Normal were an incorporated town and not a village, tens of thousands of citizens have been denied the right to vote for the officers that the law mandates a town must elect. The constitutional claims by those citizens could bankrupt the municipality.”
“If Normal is operating as an Incorporated Town without the state mandated elected roles, then Normal is operating illegally. The need to immediately make changes and have these roles elected to operate as a legal municipality in Illinois 65 ILCS 5/3.1-25-95 would be imperative, but the legality of ordinances, contracts and appointments that have taken place would be subject to challenge. The legal nightmares are nearly incomprehensible.”
On September 21st Judge Scott Kording ruled in Siracuse versus Dullard that Normal is a town.
Kording Constrained by Presentations to Normal Electoral Board
At Monday nights meeting City Manager Pam Reece responded to Nord that there wasn’t going to be any back and forth but that Normal is totally compliant. She stated Mr. (Brian) Day, Corporate Attorney, need not discuss this because it is a legal matter. Reece offered to set up a meeting with herself Day and Nord.
Mayor Chris Koos interjected that Nord needed to meet with Reece and Day.
Nord disagrees telling Cities 92.9, “I asked the question publicly because the public deserves a public explanation.” “This is the public’s business, Nord added. The public’s business should be allowed to be discussed in public,” he said.”
