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April 21, 2024

DuPage Twp Trustees walk out; refuse to participate in felony crime

By John Kraft & Kirk Allen

On January 30, 2019


During the DuPage Township meeting last night, an agenda item for appointment of Trustee Burgess was a point of contention with the four trustees. Not for appointing him, but for appointing him without him first resigning as state law requires.

First, let’s review relevant state statutes:

  • Township Code:
    • Section 60-20(b) says resignations become effective upon acceptance by the board.
    • Section 60-5(a) says the Township Board shall fill vacancies by appointment.
    • Section 55-65 states that all township officers shall be subject to the Public Officer Prohibited Activities Act.
    • Section 50-5(b) states that a Supervisor shall hold office for a term of 4 years and until a successor is elected and qualified. Since this is found in the Section concerning elections, it does not apply to any other situation in which there is no Supervisor (resignation, death, removed by court, etc.)
    • Section 80-5(a) states the Township Clerk can only cast a vote in case of a tie vote to fill a vacancy. The Clerk does not count towards establishing a quorum, and the clerk cannot vote under any other circumstance.
  • Public Officer Prohibited Activities Act:
    • Section 2a(a) states that, in this case, no Township Trustee, during the term of office for which he or she was elected, may accept, be appointed to, or hold any office by appointment of the board of township trustees unless he or she first resigns from the office of trustee or unless the appointment is specifically authorized by law. There is no law specifically authorizing a trustee to be appointed as supervisor, so the “unless specifically authorized by law” part does not apply to this appointment.
    • Section 4 states that any member of a board of trustees who violates any provision of the preceding sections is guilty of a Class 4 felony.

After accepting the resignation of the now-former Township Supervisor, Trustees Benford and Raga attempted to win a Motion to table the appointment of Trustee Burgess as Supervisor, citing the language in the above statutes in order to prevent Trustee Burgess from being in the position of committing a felony crime – and also to prevent other trustees from being in the position of assisting him in committing a felony crime.

The Township attorney read the statute which clearly states it would be a felony, and then stated he didn’t think it would be a felony (ignoring the clear language of the statute). He clearly read that a trustee must first resign as trustee, and said he didn’t agree that a trustee could not be appointed (and vote for his own appointment).

The attorney did appear to indicate the board might table it and consider it again at the next meeting “under an abundance of caution” – but temporary chairman Maripat Oliver was insistent on following thru with the illegal appointment. What we don’t know is if she just really wanted him as Supervisor, or if she was setting him up for criminal investigations.

At the point in the meeting, where it was obvious that a felony crime was about to occur, Trustees Benford and Raga gathered their belongings and left the meeting. This action eliminated a quorum, there could be no vote, and the meeting could not continue.

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  • Dave
    Posted at 13:48h, 30 January

    Why isn’t it easier just to obey the law (OMA)?

    • SMH
      Posted at 22:01h, 30 January

      I agree. No it is easier to bully. Let’s see if Mr. Big Shot resigns. I doubt it. Everything has to be his way. He sat quietly the entire time and did as he was told by is puppet master Bill. Poor guy appears to want to follow Bill right into a jail cell. The two of them are always grandstanding. Neither one knew the law and who put her in charge of the meeting? How long has she been on this board? She lied so fast about Robert’s Rules of Order, she looked just like a mini Bill Mayer. Shameful. She is an embarrassment. Actually both of them are. What they attempted was deplorable. Why don’t they want all of the board members to have a say in who they want to work with? I want to show up now, because I heard about this coach guy, he is really something else. Drunk with “wanna be” power.

  • Eric
    Posted at 21:42h, 30 January

    Seeing the political grandstanding and cheap shots by Ms. Oliver was shameful.

  • Robert O. Bogue
    Posted at 11:00h, 31 January

    What a cool video. Clearly the attorney whom is supposed to be hired for what…his knowledge on township law… ignorant. He doesn’t hardly knows what a quorum is. Why he exists, why he’s an attorney, and what his value to the township might be are serious questions that need answered.

    After watching another chapter in Greatness of Oliver book, Ms. Oliver is clearly an idiot, not just in this meeting but in the meetings I’ve attended and in those posted. You can’t fix stupid. She needs to take the time out to educate herself on township law, and in running a meeting: that is, if her intellectual capacity to comprehend allows that. Guaranteed the jury is out on that. Nice lady; just determined to remain ignorant to the detriment of the township.
    So, the Oliver question is, how; after sitting on a board for so long…can she not know what a quorum is and that a motion needs a discussion before it can be acted upon in any way. It’s not just nerves…she’s totally out of her league.

    • SMH
      Posted at 19:34h, 02 February

      Well your assessment is spot on. And did I hear from the video she called the other two trustees stupid. She needed to be looking in a mirror. Stupid is as stupid does. She let that Bill guy set her up to be totally embarrassed. What is that saying..Keep quiet and let them think you are a fool or open your mouth and remove all donut. And that attorney, is this his area of law? He can’t seem to get it right. He is going to get that board in a lot of trouble.