The Heyworth School Board appears to have failed to follow Illinois Association of School Boards (IASB) guidelines when it seated newly elected and reelected board members at last month’s board meeting on April 19, 2023.
According to a document titled Organizing the Board, Your Guide to Seating New Members, Electing Officers and Administrating the Oath of Office, “State law requires each school board to hold an organizational meeting following the consolidated election in odd-numbered years.”
This document explains legal requirements and a process for smoothly and efficiently seating new members and organizing the school board.
A section of the ISBA document titled, Seating the New Board Members reads, “After 21 days following the consolidated election the district will receive an abstract of votes from the election authority. In most cases, the election authority is the county clerk, …”
In McLean County the election authority is the county clerk.
The section continues, “The abstract of votes is official notification to the district of the election winners. It provides the basis for announcing the new members who will be seated on the board.”
But how could have Heyworth School District follow the ISBA guideline? Because on April 19, McLean County Clerk Kathy Michael had not completed compiling the abstract of votes.
“Our results cannot be certified until the 25th,” Michael said on April 19, 2023. “We are still getting results in from other counties that had Heartland Community College on their ballots for example.”We have not certified election results.”
Heyworth School Board legal council, Miller, Tracey, Braun, Funk and Miller was contacted regarding this matter on April 19, 2023 and again on May 12, 2023. The Heyworth School Board legal council has not responded to Cities 92.9.
The Illinois School Board Association was contacted regarding this matter and responded by referred us to the document: Organizing the Board, Your Guide to Seating New Members, Electing Officers and Administrating the Oath of Office.
A question remains: Will Heyworth have to reinstall the recently elected officers?
The ISBA guideline continues, “The Board must seat its members within 40 days of the consolidated election.”
40 days from the consolidated election was May 14, 2023.
So another question arises: Can the school, under ISBA guidelines, reinstall the recently elected officers?
McLean County Sheriff Matt Lane advised any concerns whether or not any laws have been broken would depend on local laws in the Village of Heyworth.
Yet according to ISBA it’s state law that is in play here.
Illinois State Election Code Article 22 Section 17. (a) reads in part, “… the canvas of votes cast at the consolidated election shall be conducted by the election authority within 21 days after the close of such elections.
As stated above the Heyworth School Board seated its new and reelected board members before the canvas was completed.
Illinois State School Code Article 10 Section Five reads, “Organization of board – Report to treasurer and regional superintendent of schools. Within 40 days after the regular election of directors, the directors shall meet and organize by appointing one of their number president and another as clerk, …”
There was not a special meeting called after the canvas was distributed within 40 days.
If three board members were illegally seated, is everything the new board acted on illegal?
Kelli Rewerts was reelected to the board and therefore her seat is one of the ones in question. Rewerts was then elected President of the board further complicating matters. If the President of the board was illegally seated is everything the board has done under the President’s direction illegal?
Rewert’s refused to speak to Cities 92.9 before the board went into closed session on both April 19 and on Thursday evening.
