LERNA, IL. (ECWd) –
Don Pearcy, the unofficial now-former Village of Lerna President (maybe), tendered his “conditional resignation in a Special Meeting today, January 31, 2016.
The problem is that the term of his “conditional” resignation resulted in the village trustees violating the Illinois Municipal Code due to the fact that he conditioned his resignation on the appointment of Wilbert Beals as Village President – who happens to be the father of Janette Beals, the village clerk who resigned as trustee in order to take the clerk position. It shows how bad they wanted him out of there, to violate the law to get rid of him…
Any such appointment at this stage is a violation of the Illinois Municipal Code.
What is a Conditional Resignation?
The Illinois Municipal Code provides for “conditional resignations” in Section 3.1.10-50 (2):
<span style="font-family: Courier New; font-size: small;">(2) Conditional Resignation. A resignation that does not become effective unless a specified event occurs can be withdrawn at any time prior to the occurrence of the specified event, but if not withdrawn, the effective date of the resignation is the date of the occurrence of the specified event or the date the resignation is received by the officer authorized to fill the vacancy, whichever date occurs later.</span>
The conditions placed on a resignation cannot violate other laws – like, say, the Illinois Municipal Code, Section 3.1/10-50 (f)(1):
<span style="font-family: Courier New; font-size: small;">(1) Mayor or President. If the vacancy is in the office of mayor or president, the vacancy <span style="text-decoration: underline;"><strong>must be filled by the corporate authorities electing one of their members as acting mayor or acting president.</strong></span> Except as set forth in subsection (d), the acting mayor or acting president shall perform the duties and possess all the rights and powers of the mayor or president until a mayor or president is elected at the next general municipal election and has qualified. <span style="text-decoration: underline;"><strong>However, in villages with a population of less than 5,000</strong></span>, <span style="text-decoration: underline;"><strong>if</strong></span> each of the trustees either declines the election as acting president or is not elected by a majority vote of the trustees presently holding office, <span style="text-decoration: underline;"><strong>then</strong></span> the trustees may elect, as acting president, any other village resident who is qualified to hold municipal office, and the acting president shall exercise the powers of the president and shall vote and have veto power in the manner provided by law for a president.</span>
Here is what should have happened. Either the board should have declined his resignation on the position that he cannot dictate they violate the Illinois Municipal Code, or, they should have accepted his resignation and followed the Municipal Code. Each Trustee must decline the appointment OR not be elected to fill the vacancy by a majority of the board PRIOR to appointing a non-trustee to the position.
Either way, Dan Pearcy, in his final grasp at holding on to 0what little power he may have had, has lost every shred of integrity that he might have had left. I will add him to the list of scumbags.
As for the board of trustees, they exhibited one of the most outrageous acts I have ever witnessed in a public body. Just when you thought you have seen it all, something like this pops up and takes the cake.
How much is he hiding that he must try and dictate who the next village president is?
Additionally, the appointment violated the Open Meetings Act since the action item was to “fill” or “appoint” a BOARD vacancy. There was never an item to accept the resignation of the village president or to appoint a person to fill the vacancy of the village president. There is no such thing as a “board” vacancy, only trustee vacancy and/or president vacancy for this situation.
What a freak-show.
I certainly hope their new attorney didn’t play any part in this.
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