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I have got to say that the State’s Attorney’s office has really handed Carpentersville a headache in this case. Had they filed the proper felony charges against Paul Humpfer, none of this would have ever needed to take place — there would be no question that he was gone on March 5, 2008.
But, the failure to properly hand down a charge of aggravated battery, due to the use of a deadly weapon, has resulted in significant problems.
Then, more problems are created when conflicting information is provided on who’s job it is to determine the vacancy. Is it the State’s Attorney, the Attorney General, or the Village of Carpentersville?
The State’s Attorney said it was up to the Village of Carpentersville. However, the Village Board said (thus far) “we’re not gonna determine it”. Perhaps hoping that the quo warranto action would save them from having to bust a friend.
Still the State’s Attorney’s office offered no official opinions, leaving the ball in Carpentersville’s court.
So, the ball is still sitting on the court, apparently, and all that has been said is that Mayor Sarto doesn’t have the authority to enforce the law on his own, but requires the Board — a Board that has thus far been unwilling to do anything.
And, to cap it all off … we’ve got a bunch of low-life scum (some of whom have criminal records of their own) who go around the blogs and comment sections of newspapers, spewing their vile bunk about anyone who would try to enforce the law in this case.
[Warning: portions of the following contain profanity. Reader discretion is advised]
They use these forums to abuse and intimidate anyone who speaks something they don’t agree with. They do all they can to try to chill legitimate speech of those with an opinion on how they are governed.
Take a look at the facts. As soon as people come forward to speak an opinion that differs with theirs, the slams, slurs and slanders come out. In the case of A&F members Mike Sievertson, Nate Spain and Sherry Dobson, they immediately went to work … bashing them for taking a stand to bring a resolution to the current issue facing the Village.
What did these people do, except ask for the issue to be resolved, and possibly say that a wife-beater is not who they want to represent the community (I don’t even know that they intended to say that much)?
I give huge kudos to those three (and others like them), because their actions were not easy with the kind of trash who are controlling this town.
This pile of trash I speak of — many of whom don’t even live in the Village — have bashed good and decent citizens who make public comments at Board meetings … to the point that those have not made further public statements for fear of retribution. In fact, there have been residents who have said precisely that; “I don’t want to get more involved because of fear of retribution”.
These ass-wipes have been using fear, intimidation and threats to control what happens in this town. And they have elected officials who provide them with documents that would not otherwise be available to them, so that they can wage their war on the public.
If folks wonder why the town is in the state it is… it’s because these pieces-of-shit are allowed to run the place.
If you want to change things around town, stop being afraid of these morons, band together and marginalize them. Be a louder voice, be a truer voice, be a collective voice that kicks these idiots to the curb.
Good morning, Carpentersville!
It seems that after little bit of winter returning for the past few days and a chilly start to the morning, spring might be back today, with high temps expected to reach into the 60s, with mostly sunny skies.
Gas prices hit $3.79 per gallon in the area. The Fed is expected to announce another quarter-point rate cut today. And, “economic stimulus” checks began being direct deposited this week.
Last night’s special meeting of the Audit and Finance (A&F) Commission adjourned without conducting business for a lack of quorum as only 3 members were at the meeting.
The Daily Herald had a decent story about it today. The article also discussed a memo sent to Village Manager Anderson by Attorney James Rhodes giving an opinion on the letter Mayor Bill Sarto sent, declaring that Paul Humpfer’s trustee position was vacated according to the law after being found guilty of domestic battery, and moving out of the Village.
Rhodes said that Sarto alone did not have the power to make the determination, but that the entire Board should decide.
Closing his opinion, Rhodes said a board decision is imperative.
“This issue has caused disruption during village board meetings and now may cause additional disruption in village business,” Rhodes said. “While the decision of the board is not conclusive and a quo warranto action might still be prosecuted, a village board determination should eliminate further disruptions and will allow village matters to proceed.”
The Courier-News had two stories that followed along similar lines; one about the lack of quorum at the A&F meeting, and the other about the attorney’s memo.
As readers may recall, on two previous occasions, the Board has failed to make a determination on the status of Paul Humpfer’s seat. Due to lack of a resolution on Mr. Humpfer’s position, the 3 resident members of the Audit and Finance Commission have stated they will not attend any meetings until it is resolved. From the language in their statements, it appears that they believe the Board should declare Humpfer’s seat to be vacant, specifically because of the crimes he was found guilty of.
For his part, Sarto does appear to have the law on his side. This also seems to be the reason why the Board has refused to even discuss the matter.
However, a determination must be made. Paul Humpfer has broken laws that make him ineligible to hold public office. His friends on the Board do not appear to want to face those hard facts.
It is for that reason I don’t believe that the members of the Village Board have the capability of making such a decision, especially in lieu of comments made by them since Humpfer’s was found guilty.
Even though a judge returned a guilty verdict, his friends — including 4 members of the Village Board who have expressed that they wish to keep him on the Board — have maintained that “he didn’t do it”.
That is not up to them to consider and determine. That is not the question they are being asked.
The question they are to answer is whether the crime he was found guilty of — domestic battery — violated “community standards of honesty, decency and moral turpitude”.
In order for Humpfer to retain his seat on the Board (and the Audit and Finance Commission), the majority of the Board must say that “domestic battery” is not a serious crime; that it is within the acceptable standards of honesty and decency in the community. Of course, they don’t want to say that (who would even dare say that’s true?! especially considering the emails that condemn Humpfer’s crimes); which is why they chose to ignore answering such a question; neglecting to do their duty under the law.
If they were to do their duty as the law requires, and declare Humpfer ineligible to serve and that a vacancy exists, they would likely lose the support of the group responsible for getting them elected. They would also likely lose their seats in the next election (because this group has their own agenda and doesn’t really care about what is right or even required by the law, if it isn’t favorable to their agenda).
So, politics is definitely at play here, and it is the worst kind of politics … failing to do what is required and right for the purpose of maintaining an elected position.
Trustees have hinted that they will take action at the meeting on May 6th.
The question is, will it be the right action?
Readers of this blog know Paul Humpfer’s and Judy Sigwalt’s history of interfering with the ability of the Village to conduct business and accomplish things for the residents. (Be sure to click through those links to see all that these people have been involved in in the past that have created serious issues in this town.)
Now, they are preventing business from being done by refusing to accept that Paul Humpfer’s conviction of domestic battery (not to mention his residency issues) has caused his seat to be vacated. Unfortunately, it is even being insinuated that domestic violence is no big deal by saying that all of this is just “politics”.
[Sorry, folks, but when you are convicted of hitting your wife with a baseball bat, and you have a history of domestic violence, actions to enforce the law no longer qualify as "politics".]
Members of the Audit and Finance Commission are rightly taking action in not attending until Village government acts in accordance with the law to prevent Paul Humpfer from taking a seat that he vacated by his conviction of “an infamous crime”.
Most government representatives take strong positions against domestic violence … but not 5 members of the Village Board…
There seems to be much amiss here, when the Village government refuses to deal with crimes committed by its members, and let’s an official who has been removed continue to participate in government decision-making.
And, can anyone explain why the Daily Herald, Courier-News, and Chicago Tribune remain virtually silent on the fact that a convicted domestic abuser has kept his seat in government, when doing so appears to be a factor in enabling this situation? (Well, we all know you can’t trust the media anyway, right?)
It is likely time to take this issue higher, in order to get a satisfactory resolution from those at the State, and even Federal, levels. Request help as of members of the Village government (and others) refuse to comply with applicable law, and excuse the serious matter of violence against women.
If you want to see this ended in Carpentersville, I urge you to contact your representatives in other levels of government, seeking their help in removing the offender, to restore faith and trust in our government and deal strongly with those who abuse women.
Ruth Munson, Illinois State Representative
847-622-1048 (District office)
217-782-8020 (Springfield office)
Tim Schmitz, Illinois State Representative
630-845-9590 (District office)
217-782-5457 (Springfield office)
Michael Noland, Illinois State Senator
847-214-8864 (District office)
217-782-7746 (Springfield office)
Chris Lauzen, Illinois State Senator
630-264-2334 (District office)
217-782-0052 (Springfield office)
Bill Foster, U.S. Representative
630-406-1114 (Batavia office)
202-225-2976 (Washington, DC office)
Dick Durbin, U.S. Senator
312-353-4952 (Chicago office)
217-492-4062 (Springfield office)
202-224-2152 (Washington, DC office)
Barack Obama, U.S. Senator
312-886-3506 (Chicago office)
217-492-5089 (Springfiled office)
202-224-2854 (Washington, DC office)
West Dundee officials will seek another venue, as a crowd of “[m]ore than 150 people crammed into every available space in village hall for the retailer’s first public hearing” and “[d]ozens of others waited outside”.
The public hearing for the proposed Wal-Mart would be the lone item on the agenda, commission chairman Rogers Susanke reassured residents, many of whom applauded the commission’s decision.
This is likely of interest to readers …
West Dundee will be conducting a Planning and Zoning Hearing to discuss plans for a 190,000 square foot “Supercenter” (Walmart) at Huntley Rd and Elm Ave, northwest of Spring Hill Mall.
Here is the text of the “Legal Notice” pictured:
WEST DUNDEE ZONING APPLICATION #04-08
An application has been filed with the Village of West Dundee by WAL-MART Real Estate Business Trust for a Special Use for a planned development and preliminary plat of subdivision approval for this property. The property consists of approximately 31.00 acres and is generally located at the southwest corner of the intersection of Huntley Road and Elm Avenue.
The Applicant is requesting a Special Use to amend the Ordinance 00-31 granting a Special Use for a planned development in the B-2 Regional Business District of the West Dundee Zoning Code to allow for the construction of a retail store containing approximately 187,000 square feet. Special Use approval is also requested to allow outdoor garden sales in the Garden Center area, front sidewalk areas, and seasonal outdoor sales area. The Applicant is also requesting preliminary plan and plat of subdivision approval to subdivide the land to develop the approximately 187,000 square foot retail store. Two additional outlots will be created by this subdivision. The Applicant has requested variations from the zoning and sign codes in the following areas: signage number and area, lighting standard height, landscaping and parking lot design standards and the driveway curb cut width standards. More information regarding this application is on file with the Village of West Dundee.
The West Dundee Planning and Zoning Commission will hold a public hearing on this application on Monday, April 28, 2008 at 7:30 P.M. at Village Hall, 102 South 2nd Street, West Dundee. All interested parties are welcome to attend.
For further information regarding this application contact Village Planner, Jennifer Becker (847-551-3805) (Jbecker@wdundee.org).
West Dundee Village Hall is located at Route 72 and Second Street, West Dundee.
There has been speculation for the last few years that the Walmart store located in East Dundee at Routes 72 & 25 would be closing. Officials for both the company and the Village have neither confirmed nor denied such speculations.
From reading recent statements on the question of Paul Humpfer’s residency status, some might conclude that intent is sufficient to satisfy the residency requirements for an elected position. However, courts have found that not to be the case, and in light of similar cases it is likely that the opinion of State’s Attorney John Barsanti would not stand up to the test by the courts.
According to a Legal Q&A on residency requirements from the Illinois Municipal League:
In determining whether an individual resides in the municipality, the courts have looked to whether the individual has a physical presence at fixed locations within the municipality for one year with a permanent intention to stay.
One piece of this criteria is intent; specifically “intention to stay”. But, that does not appear to be the overriding factor in the determination. Instead, it appears that “a physical presence at fixed locations within the municipality” would be an overriding criteria.
In People ex rel. Reed v. Thomas, the plaintiff owned a home in the municipality for over a year prior to the election, but he did not actually move to the municipality until October 1974, only six months prior to the April 1975 election. The court held that the plaintiff failed to meet the one year residency requirement of the statute. [43 111. App. 3d 372, 356 N.E.2d 1372, 2 III. Dec. 85 (5th Dist. 1976)]
If “intent” were really the overriding factor, we would expect the court to have held that the residency requirement was met because “the plaintiff owned a home in the municipality for over a year prior to the election”. However, because “he did not actually move to the municipality until October 1974, only six months prior to the April 1975 election”, the court found that the residency requirement was not met.
In other words, he lacked the “physical presence at fixed locations” to be considered a resident of the municipality.
Likewise, Paul Humpfer lacks the “physical presence at fixed locations” in the Village of Carpentersville to be considered a resident of Carpentersville for the past 10 months. It is interesting to note, too, that Paul Humpfer obtained his seat on the Board (twice!) from those who were no longer going to meet the residency requirement — setting a precedent that should also be a considerable factor in this situation, and something with which Paul Humpfer should be quite familiar.
Other than Humpfer’s commission of a crime, and subsequent finding of guilt, preventing him from residing at the home where he is said to “pay the bills”, there is no further impediment on his residency in the Village of Carpentersville. Therefore, it does still permit the test of residency to remain whether Paul Humpfer maintains “a physical presence” at any “fixed location” within the Village of Carpentersville.
It is clear from his public statements, the research and report of the private investigator and the statement of his wife, that Paul Humpfer does not pass that test for residency.
As such, the acknowledgment that Paul Humpfer does not meet the requirements for holding elected office in the Village of Carpentersville should be upheld. Further, he should not be allowed to participate as an elected member of the Village Board of Trustees, and should be further charged with disorderly conduct if he attempts to do so.
It seems obvious that Judy Sigwalt and Paul Humpfer want to destroy the Village. From their illegal immigration efforts to their illegal backroom meetings to their refusal (because of his position on illegal immigration, they say) to remove a person found guilty of domestic battery, who no longer maintains residency in the Village, all of which, I’m afraid, has put the Village in serious financial jeopardy.
The legal authority to deal with the dishonest, deceitful and criminal behavior of Paul Humpfer was provided to the Village. Based on that legal authority, Humpfer’s position is vacant.
Now, Paul Humpfer sits on the Board in further violation of the law. And, he is being allowed to do it, which raises another question …
Have the other members of the Board of Trustees vacated their own positions for their refusal to comply with the law — a violation of their oath of office?
Who will save Carpentersville from this corruption?
Bill Sarto and Linda Ramirez Sliwinski have done everything according to the law to try and make sure that what is right gets done. But, the rest of the Board continues to ignore the law.
There are those who have said this is interfering with Village business. And, it is very probable that it is. But is it Sarto who is doing that? Doesn’t look that way. The Board is refusing to comply with the law — blocking Sarto’s attempts to enforce it. Had the Board (Sigwalt, Ritter, Hinz and Teeter) not ignored the declaration made under the law on March 6, 2008, this all would have been done (in actuality, it was over). The Board had the chances to enforce the law on March 18, April 1, April 15 and April 22, but continue to drag this out.
Had Paul Humpfer done the honest and decent thing, he would have resigned his position, even as far back as the filing of the charges.
In that respect, it is Paul Humpfer and the rest of the Board who are interfering with Village business … and it will have extremely significant effects.
People complain about their taxes and the lack of economic development and vacant homes and improperly maintained homes. It is this kind of stuff that is the cause.
What business is going to look at coming to a town like Carpentersville — who has a reputation across the country now, as being one of the worst kind of cesspools around? Who wants to stay in Carpentersville?
TGIFriday’s packed up almost overnight. There was a report of 150 vacant homes. How many more are up for sale?
Lack of development will lead to higher taxes. Without it, the Village can’t fix roads, sidewalks, clear streets in the winter, maintain parks, control crime… So, its gonna fall back to the property owners and those who do business in the Village, in the form of higher taxes. Or … the town is going to eventually look as bad as its reputation, because there won’t be money to fix what needs fixing.
And that is because of the kinds of failures of our elected officials that we are seeing in office right now. The kind of leaders that excuse — and participate in — criminal behavior that is destroying the town.
Paul Humpfer isn’t “an honest and decent man”. He’s certainly not “a good man”. He is nothing more than a criminal found guilty by a court of law of beating his wife, who continues to be a plague on this Village even though he doesn’t even live in the town any more.
So, I ask again … who will save Carpentersville?
April 17, 2008
Mr. Craig G. Anderson
Village Manager of Carpentersville
Re: Trustee Paul Humpfer’s position is VACANT
Dear Manager Anderson:
Acting in my capacity as the Village President of Carpentersville, as set forth by law [Section 25-3(a) of the Election Code and Section 3.1-35-5 of the Illinois Municipal Code], I hereby recognize the trustee position of Paul J. Humpfer as vacant.
[Section 25-3(a) of the Election Code] provides that:
Whenever it is alleged that a vacancy in office exists, the officer, body or county board who has authority to fill the vacancy by appointment, or to order an election to fill such vacancy, shall have power to determine whether or not the facts occasioning the vacancy exists.
Since the position of Village President or Mayor retains the power to appoint to all boards, commissions, committees and certain positions such as village clerk and village treasurer, the Village President therefore has the responsibility and, legally the duty, to make the determination of the vacancy of Paul Humpfer’s trustee position.
Furthermore, the law states [Section 3.1-35-5 of the Illinois Municipal Code] that the mayor or president shall perform all duties which are prescribed by law, including ordinances, and shall take care that the laws and ordinances are faithfully executed.
A Village President’s duty to “take care that the laws and ordinances are faithfully executed” would give the President the authority to seek a determination from the State’s Attorney or the Attorney General that the law regarding forfeiture of office is faithfully executed. Having conferred with both of these agencies it has been concluded that Paul Humpfer’s seat on the Village Board was vacated on or before March 5, 2008.
Therefore, I do hereby recognize the trustee position of Paul J. Humpfer to be VACANT, for the following reasons, under Illinois Municipal Code, CHAPTER 10. ELECTIONS, ACT 5. ELECTION CODE. ARTICLE 25. RESIGNATIONS AND VACANCIES. 5/25-2. Events on which an elective office becomes vacant, Number (4) and (5).
§ 25-2 Events on which an elective office becomes vacant. Every elective office shall become vacant on the happening of any of the following events before the expiration of the term of such office:
( 1 ) The death of the incumbent.
( 2 ) His or her resignation.
( 3 ) His or her becoming a person under legal disability.
( 4 ) His or her ceasing to be an inhabitant of the State; or if the office is local, his or her ceasing to be an inhabitant of the district, county, town, or precinct for which he or she was elected; provided, that the provisions of this paragraph shall not apply to township officers whose township boundaries are changed in accordance with Section 10-20 of the Township Code, [FN1] to a township officer after disconnection as set forth in Section 15-17 of the Township Code, nor to township or multi-township assessors elected under Section 2-5 through 2-15 of the Property Tax Code. [FN2]
( 5 ) His or her conviction of an infamous crime, or of an offense involving a violation of official oath.
( 6 ) His or her removal from office.
( 7 ) His or her refusal or neglect to take his or her oath of office, or to give or renew his or her official bond, or to deposit or file such oath or bond within the time prescribed by law.
( 8 ) The decision of a competent tribunal declaring his or her election void.
No elective office, except as herein otherwise provided, shall become vacant until the successor of the incumbent of such office has been appointed or elected, as the case may be, and qualified.
An unconditional resignation, effective at a future date, may not be withdrawn after it is received by the officer authorized to fill the vacancy. Such resignation shall create a vacancy in office for the purpose of determining the time period which would require an election. The resigning office holder may continue to hold such office until the date or event specified in such resignation, but no later than the date at which his or her successor is elected and qualified.
An admission of guilt of a criminal offense that would, upon conviction, disqualify the holder of an elective office from holding that office, in the form of a written agreement with State or federal prosecutors to plead guilty to a felony, bribery, perjury, or other infamous crime under State or federal law, shall constitute a resignation from that office, effective at the time the plea agreement is made.
For purposes of this section, a conviction for an offense that disqualifies the holder of an elective office from holding that office shall occur on the date of the return of a guilty verdict or, in the case of a trial by the court, the entry of a finding of guilt.
With regard to (4), Mr. Humpfer has not lived in the Village of Carpentersville since June 25, 2007 or before. He has been in violation of the residency requirement for at least 10 months. When asked during an open Village board meeting where he lived, he refused to answer the question. His refusal was made on the record. (See supporting documents) Exhibits: A and B.
With regard to (5), Mr. Humpfer has been found guilty of an infamous crime as specified by common law and upheld by the courts. Kane County Associate Judge James C. Hallock entered the finding of guilt on March 5, 2008. The crimes for which he was found guilty, the facts of which have been extensively publicized, violated ‘commonly held principles of honesty and decency’, which is the definition of an “infamous crime”.
Village Attorney, James A. Rhodes, provided the legal basis for this determination to the President and Board of Trustees on March 14, 2008. In his memorandum he provided that “infamous crimes” are not limited to felonies and may be misdemeanors, and that the test for determining whether a crime is infamous is “whether or not the act violated the commonly accepted principles of honesty and decency or is a crime of moral turpitude.”
In People ex rel. Keenan v. McGuane, 13 Ill.2nd 520, 150 N.E.2nd 168 (1958), the Illinois Supreme Court determined that “infamous crimes” were not limited to those set forth in statute by the legislature. Rather, the Supreme Court stated:
An infamous crime at common law was an act, the commission of which was inconsistent with the commonly accepted principles of honesty and decency or one which involves moral turpitude. Under these circumstances, we conclude that the determination of what constitutes an infamous crime, insofar as it affects a vacancy in office, is not an exclusive legislative function, but is subject to judicial decision in light of the common law as it existed when the constitution was adopted in 1870.
In reaching its decision, the Illinois Supreme Court examined a number of cases where conspiring to operate a wholesale liquor business without paying taxes, use of the United States mails to defraud, and bribery at an election were all held to be crimes that would require a forfeiture of office.
The court went on to conclude that:
… any public officer convicted, in the Federal Court or in the court of any sister State, of a felony which falls within the general classification of being inconsistent with commonly accepted principles of honesty or decency, or which involves moral turpitude stands convicted of an infamous crime…and that such conviction creates a vacancy in office.
The preceding language might lead one to conclude that only felonies would constitute infamous crimes. However, that is not the case. In People ex rel. Ward v. Tomek, 54 Ill.App.2nd 197, 203 N.E.2nd 744 (2nd Dist. 1965), the Second District Appellate Court reviewed the very issue. In Tomek, township officals had been convicted of conspiracy to cheat and defraud the township, misdemeanor convictions. The township officals argued that only felonies were to be considered infamous crimes. The Appellate Court stated:
The appellants argue that only felonies can be infamous crimes.
This is clearly not true.
The appellate court, reviewing the decision in McGuane, goes on to reiterate the test of an infamous crime and to explain McGuane, stating:
When determining whether there is a vacancy in office due to the conviction of the office-holder of an infamous crime, the test set forth by the Supreme Court is whether or not the act violated the ‘commonly accepted principles of honesty and decency.’ The strict holding of the case (McGuane) deals only with felonies, that is true; but it is true only because a strict holding can deal only with the case before the court at the moment. While it is true that State ex rel. Keenan v. McGuane has never before been extended to include a misdemeanor, no court has ever been asked to extend it in a way before now.
Thus, the Second District Appellate Court, the District in which the Village of Carpentersville lies, has held that infamous crimes may include misdemeanors.
It is therefore recognized that Paul J Humpfer’s trustee position is VACANT under the above stated reasons, based on his lack of residency and his conviction in a court of law of an “infamous crime”.
The law does allow for a remedy if Paul Humpfer’s conviction does not hold up. But he still has the additional residency violation that has gone on for some 10 months. There are recent examples of others who rightly have resigned their Trustee positions due to the fact that they no longer lived in the Village (Scott Prusko), or who merely anticipated moving out of the Village (Robert Whitehouse).
As are the rights of anyone Mr. Humpfer may appeal this ruling. But, until such time as a ruling has been made, by the proper authority to make such a ruling, his position as a trustee for the Village of Carpentersville is [vacant].
I hereby request that this vacancy [Trustee Position] be posted in accordance with the provisions of the laws governing such events. I further request that Mr. Humpfer be informed as soon as possible. I also request that you instruct the Police Chief, or his designee, of this situation, and expect the Chief of Police to take appropriate actions to enforce the law.
It is my intention to fill this vacancy at the next regular Village board meeting to be held on Tuesday, May 6, 2008. Therefore, I request that an agenda item be placed in the appropriate order of business on the May 6, 2008 Village board meeting agenda to fill the vacancy that currently exists. I also request that you make and send copies of this letter and supporting documents to the members of the Village Board as soon as possible.
Sincerely,
William R. Sarto – President
Village of Carpentersville
On Monday, Carpentersville Village President Bill Sarto delivered a letter to Village Manager Craig Anderson providing official recognition that the Trustee position of Paul Humpfer is vacant.
Acting in my capacity as the Village President of Carpentersville, as set forth by law [Section 25-3(a) of the Election Code and Section 3.1-35-5 of the Illinois Municipal Code], I hereby recognize the trustee position of Paul J. Humpfer as vacant.
Sarto’s five-page letter provided significant legal grounds, including the legal opinion put forth in a March 14, 2008 memorandum from Village Attorney James A. Rhodes, as well as statutes he was pointed to by members of the State’s Attorney’s and Attorney General’s office, to substantiate the acknowledgment. He notes Section 25-3(a) of the Election Code which provides that he, as chief officer of the Village, may acknowledge that a vacancy exists:
Whenever it is alleged that a vacancy in office exists, the officer, body or county board who has authority to fill the vacancy by appointment, or to order an election to fill such vacancy, shall have power to determine whether or not the facts occasioning the vacancy exists. {Emphasis added, per interpretation of Sarto’s intent from additional statements in the letter}
Since the position of Village President or Mayor retains the power to appoint to all boards, commissions, committees and certain positions such as village clerk and village treasurer, the Village President therefore has the responsibility and, legally the duty, to make the determination of the vacancy of Paul Humpfer’s trustee position.
In acknowledging the vacancy of Humpfer’s seat, Sarto presents statutes set forth in the Illinois Municipal Code, Chapter 10, 5/25-2. Events on which an elective office becomes vacant.
Every elective office shall become vacant on the happening of any of the following events before the expiration of the term of such office:
(4) His or her ceasing to be an inhabitant of the State; or if the office is local, his or her ceasing to be an inhabitant of the district, county, town, or precinct for which he or she was elected;
(5) His or her conviction of an infamous crime, or of an offense involving a violation of official oath.
For purposes of this section, a conviction for an offense that disqualifies the holder of an elective office from holding that office shall occur on the date of the return of a guilty verdict or, in the case of a trial by the court, the entry of a finding of guilt. {Emphasis added}
Referencing this, Sarto wrote:
With regard to (4), Mr. Humpfer has not lived in the Village of Carpentersville since June 25, 2007 or before. He has been in violation of the residency requirement for at least 10 months. When asked during an open Village board meeting where he lived, he refused to answer the question. His refusal was made on the record.
With regard to (5), Mr. Humpfer has been found guilty of an infamous crime as specified by common law and upheld by the courts. Kane County Associate Judge James C. Hallock entered the finding of guilt on March 5, 2008. The crimes for which he was found guilty, the facts of which have been extensively publicized, violated ‘commonly held principles of honesty and decency’, which is the definition of an “infamous crime”.
Sarto even addressed the issue of Humpfer’s vow to appeal his conviction.
The law does allow for a remedy if Paul Humpfer’s conviction does not hold up. But he still has the additional residency violation that has gone on for some 10 months.
The letter concluded with instructions to Manager Anderson to post the vacancy, inform Paul Humpfer that he is no longer a member of the Board of Trustees, inform the Police Chief “or his designee” of this situation, and send copies of this letter to each member of the Board of Trustees.
It should be interesting to see what the papers have to say about this tomorrow. And, of course, I’ll have some more commentary and analysis of this news and the contents of Sarto’s letter. (Update: 4-22-08 — Read the Daily Herald article here.)
At this point, however, Paul Humpfer is no longer a member of the Carpentersville Village Board of Trustees.
Lots of fun this weekend — beautiful weather outside, but the “internet weather” was not quite so warm.
Missed it? Well then lets get caught up.
On Saturday, we found out that Village President Bill Sarto had to hire, using his own money, a private eye to prove that Paul Humpfer was not in compliance with the residency requirement to hold the position of Trustee. I’m confident that there likely were more than a few members of the Board who knew that he was not in compliance, but never questioned it or took any other action on it. The findings of the investigation are expected today.
The Daily Herald reported that he hadn’t been in compliance with the requirement since the incident that led him to be charged and convicted of domestic battery, committed in May 2007.
If I’m counting correctly, that’s strike 3 (although I could probably get to strike 4 or 5 against Humpfer if I really tried — but that would be overkill, certainly not worthwhile).
- Conviction of “an infamous crime”.
- Failure to meet the residency requirement to hold an elected or appointed position in the Village.
- Violations of the State’s Open Meetings Act and failure to comply with Village rules in securing and utilizing the Village meeting rooms.
Then, on Sunday, two people took … I’ll call them “interesting” … perspectives on this situation in the Speak Out section of the Courier-News …
Here’s the motive: I’d like to comment on this issue on the dismissal of (Paul) Humpfer in Carpentersville. Well, you know, anybody can see that this is strictly about the illegals over there — Humpfer’s stand on the illegal situation.
Well, “as anyone can see” by looking at the above … there are plenty of reasons that show that Paul Humpfer is not fit to hold public office, and none of them relate to illegal immigration. Although, that wouldn’t be bad as an additional reason … since it is his position on illegal immigration that has contributed to additional liabilities and problems in the Village.
Humpfer and Clinton: This is about Carpentersville and Bill Sarto and all his buddies and about Paul Humpfer beating his wife. So what if he beat his wife? I mean, that is a personal thing. If he does a good job for Carpentersville, the people ought to be happy. I mean, Bill Clinton got oral sex running the whole U.S. government, and we didn’t throw him out, so why throw Paul Humpfer out for something like that?
“So what if he beat his wife?” Wow! I don’t even think I have to say anything more about that comment. It’s a crime everywhere in this country, and someone defends it by saying “so what?”
Then there is the “If he does a good job for Carpentersville…” Well, he’s been engaged in deception and dishonesty with the Village Board and Staff for at least a year now. I don’t think you can say he’s “done a good job”, unless referring to his acting in a deceitful, dishonest and criminal manner.
In other news the Mexican Consulate division in Chicago was in Carpentersville from Thursday thru Sunday providing services to Mexican nationals living in the U.S. Were some of these people in the U.S. illegally. Possibly. But, the Mexican Consulate was also providing services to those legally here. In addition to providing IDs and (renewing in some cases) Passports, the mobile consulate offers “an array of services, including parenting classes, diabetes screening and legal consultations”.
Fox Valley Citizens for Legal Immigration and Midwest Minutemen protested the Mexican Consulate’s presence.
And, an illegal immigrant was arrested selling drugs in Carpentersville.
You know … those who are against Illegal Immigration in the US certainly have a point. But they undermine it by some of their xenophobia, and the especially do damage when they take part in excusing illegal behavior in government when it involves furthering their own personal interests and trying to distract people from that criminal behavior … even committing further potential crimes in the process.
Will this ever end, or will the rest of Carpentersville allow this to continue? As I said in a comment today …
There are, unfortunately, too many people — even who are a part of elected or appointed positions — who are unwilling to step up to denounce the behavior of these people.
They are being allowed to break the law, seemingly with impunity. Why does no one else step up and call them out; make them accountable for their crimes? Is it because they are afraid of name-calling or other retribution? That is understandable — it is a reason for my own anonymity. But, unless people speak up, nothing will ever change.
While they have meetings with their group that violate the rules and laws of the State and of the Village, have people from that group come to every meeting to bash those who want to put an end to it, write letters to the paper, post on other blogs and news stories … the “good guys” are losing because no one is willing to stand up for Carpentersville.
Although some want to call them “immature games”, they certainly are not. “Games” are accusations; giving free reign to illegal activity goes well beyond the boundaries of “games”.
Because more good people don’t step forward to speak out about this (I hear at least one member of a committee refused to be involved until Humpfer is removed from his seat, but that person hasn’t made such dissatisfaction public, which is unfortunate), it puts everyone who is a part of this government under suspicion — even if undeserved, as is the majority of the case.
Thomas Jefferson wrote:
“All tyranny needs to gain a foothold is for people of good conscience to remain silent.”
And, unfortunately, Carpentersville today seems to be a very glaring example of that.
Here’s a quick look what’s going on around town, and recent news …
Residents may have felt a bit of a shake in their sleep early this morning, as a 5.2 scale earthquake hit in Southern Illinois about 4:30am. The quake was felt by those as far north as Milwaukee. For the record, I was not woken from my sleep. I guess you could say I was one of those who was (wait for it…) shaken, not stirred. (Yes, you are permitted to groan.)
On Tuesday, April 22 at 7pm, there will be a Special Meeting of the Village Board. It will be held at the Public Works building on Lake Marian Rd. The purpose of this meeting will be Discussion and Direction: Site Planning for Public Works Facility, Police Station and Other Facilities on the “Tamarac Property”. The next regular meeting of the Village Board will be on May 6, 2008 at Village Hall.
The Carpentersville Improvement Committee will meet again on Wednesday, April 23. The Parks Committee will have their next meeting on May 12.
The Village has updated the website with important phone numbers now appearing on the main page: Anonymous Tip Lines; Lines Open 24 Hours a Day, Every Day Crimes — 847/551-3488, Code Violations — 847/426-9600. Also, there is now a Pothole Hotline for residents to call to report areas where there is a serious pothole problem: 847/551-3495.
Carpentersville in the News …
The Chicago Tribune has an article today about the continued lack of support for President Bill Sarto’s attempts to have Paul Humpfer’s trustee seat declared vacant. Unfortunately, the article makes it sound like Sarto is trying to something outrageous by acting according to his oath of office to uphold the law. On March 5, 2008, Humpfer was found guilty of an “infamous crime”, which Illinois law states makes a person ineligible to hold an elected or appointed position. Many of those supporting Humpfer say that it is Humpfer’s position on illegal immigration, not his domestic battery conviction, that is the real reason of those seeking his removal. But, many also say his support of a crackdown against illegal immigrants is the reason he should be allowed to remain on the Board, in spite of his conviction and subsequent disqualification under the law.
The Courier-News yesterday provided readers an update on the $30 million lawsuit filed in September against the Village. The lawsuit alleges that Village officials created and maintained an environment of anti-Hispanic bias which led to paramedics not transporting Gloria Lopez’s 4-month-old son to the hospital. As a result, the boy sustained permanent brain damage.
Also in the Courier-News is a letter to the editor anticipating the trial of Linda Ramirez-Sliwinski for saying that tree-climbing kids were acting “like monkeys”. The writer referenced those who sipped a little too much at a tavern his mother owned years ago, saying “even at their drunkest and most ridiculous, they were still far brighter than the current crop of Carpentersvillians, the politico correcto wackos responsible for Linda Ramirez Sliwinski’s getting ticketed”. (Sigh)
Appearing in the Daily Herald today is an article about members of the Mexican consulate in Chicago coming to Carpentersville to provide Mexican ID cards and passports to Mexican citizens living in the U.S. Without a current, valid Mexican passport those living in the United States are not able to travel outside the country. At the site, the regular group of Minutemen members are making their comments.
Also, in the Daily Herald’s “Police Beat” … “A Carpentersville woman was accused of stabbing her husband at 5:30 p.m. Wednesday … she was charged with aggravated battery with a weapon and domestic battery, police said.” If she’d only used a baseball bat instead …
And, finally, looks like Spring may have finally arrived … a little rain, but warmer temps. I’m still not sure that they will thaw the chilliness on the Board, however…
Lee Iacocca has a new book out. An excerpt has been published that, while having application to the problems at the national government level, can just as easily be applied to the Village of Carpentersville …
The following is an excerpt of the excerpt:
Had Enough?
Am I the only guy in this country who’s fed up with what’s happening? Where the hell is our outrage? We should be screaming bloody murder. We’ve got a gang of clueless bozos steering our ship of state right over a cliff, we’ve got corporate gangsters stealing us blind, and we can’t even clean up after a hurricane much less build a hybrid car. But instead of getting mad, everyone sits around and nods their heads when the politicians say, “Stay the course.”
Stay the course? You’ve got to be kidding. This is America, not the damned Titanic. I’ll give you a sound bite: Throw the bums out!
You might think I’m getting senile, that I’ve gone off my rocker, and maybe I have. But someone has to speak up. I hardly recognize this country anymore. The President of the United States is given a free pass to ignore the Constitution, tap our phones, and lead us to war on a pack of lies. Congress responds to record deficits by passing a huge tax cut for the wealthy (thanks, but I don’t need it). The most famous business leaders are not the innovators but the guys in handcuffs. While we’re fiddling in Iraq, the Middle East is burning and nobody seems to know what to do. And the press is waving pom-poms instead of asking hard questions. That’s not the promise of America my parents and yours traveled across the ocean for. I’ve had enough. How about you?
I’ll go a step further. You can’t call yourself a patriot if you’re not outraged. This is a fight I’m ready and willing to have.
My friends tell me to calm down. They say, “Lee, you’re eighty-two years old. Leave the rage to the young people.” I’d love to—as soon as I can pry them away from their iPods for five seconds and get them to pay attention. I’m going to speak up because it’s my patriotic duty. I think people will listen to me. They say I have a reputation as a straight shooter. So I’ll tell you how I see it, and it’s not pretty, but at least it’s real. I’m hoping to strike a nerve in those young folks who say they don’t vote because they don’t trust politicians to represent their interests. Hey, America, wake up. These guys work for us.
Read the whole excerpt here.
Here are a few other selections that I found applicable from the segment …
If I’ve learned one thing, it’s this: You don’t get anywhere by standing on the sidelines waiting for somebody else to take action. Whether it’s building a better car or building a better future for our children, we all have a role to play. That’s the challenge I’m raising in this book. It’s a call to action for people who, like me, believe in America. It’s not too late, but it’s getting pretty close. So let’s shake off the horseshit and go to work. Let’s tell ‘em all we’ve had enough.
I went to the Village Fresh Market for the first time last night, after hearing mixed reviews.
I have to say that I think this is a perfect addition to the East side.
Some complained about a limited selection of items … but, I believe folks have to remember that this is a fresh market. As such, everything seems to revolve around that … specializing in fresh foods: produce, meat and bakery items.
I really didn’t need anything but ended up grabbing up 4 pounds of fresh strawberries because of the sale price (2 pounds for $1.00!). They also had advertised 3 pounds of tomatoes for $1.00 but I didn’t need those. Other prices that I looked at, and I admit that I didn’t go around doing major price comparisons, seemed to be inline with that of Jewel, Woodman’s and Dominick’s.
The store looked very nice; everything stocked very well … neat and orderly.
Of its packaged products, the store carries a variety of what some might consider “Hispanic foods”. But the store sits in the middle of a predominately Hispanic area, and yet others will find most items they regularly buy as well — chips, soda, ice cream, condiments, milk, bread, ice cream, etc
The owner of the store said that he is doing about 20% better than he had anticipated on the opening. The lot is regularly filled with cars.
It was a long time coming, but I think worth it … especially for those like myself who like to cook fresh meals, rather than eating pre-packaged stuff.
Yesterday, I asked … “Will they do what’s right?”
I guess that we have our answer … and the answer is “no”.
I just wonder when the State’s Attorney or Attorney General is going to step in and take action against the illegal activity occurring in Carpentersville government. Or, will they let them break the law with impunity?
In spite of everything that has gone on in Village government … does anyone even care?
Supporters of Sigwalt and Co run an insignificant little website (mostly filled with full text copy and paste — usually a violation of copyright fair use — of news stories they like that appear in local newspapers from across the country). Every now and they, they post a little commentary or use it to publish police reports they get from their friends on the Board.
Two recent commentaries are really telling of both their lack of attention to detail, and their foolishness.
The first is just a post linking to a Daily Herald article questioning whether the “monkey business” with Linda Ramirez-Sliwinski was over. In that post they say “Ramirez-Sliwinski has said she was worried the children would fall out of the tree.” Below that statement are two pictures of actual monkeys sitting in trees.
Are we to assume that the pictures of the monkeys are meant to represent the two boys?! That seems pretty over-the-line to me! (I’m not sure, but I think those supporters are the same ones who are part of the Minutemen who have been categorized officially as a “hate group”).
Anyway, on to the next article/commentary.
“Richard” links to an article that appeared yesterday in the Janesville Gazette. He says that “Janesville WI, has exposed a blogger who has been critical of Janesville’s local Government stating they “just wanted to talk to him”.
But, the blogger — who writes on “Free Whitewater” — has not been “exposed”; nor was he writing about Janesville, WI. He continues to exercise his right to free and anonymous speech, critical of actions of city officials in Whitewater, WI.
Details are important, folks.
“Richard” goes on to make the recommendation that “[t]his is something Carpentersville can do.”
What? Waste more taxpayer money?
The main story reports that Whitewater police spent six months trying to determine the identity of the blogger … to no avail. And, it is admitted that he is speaking lawfully.
Anonymous political speech is protected by the First Amendment, and is at the heart of this country’s foundation.
“Richard” was critical of the 2-cent gas tax; but seems to have no problem with taxpayer dollars being spent to silence criticism that could more easily be quelled by members of the Board doing the right thing; doing what they were elected to do.
Just more of that same kind of garbage and threats to silence this blog so that Sigwalt and Co can go back to doing business behind closed doors, without accountability, or the input of all the People of Carpentersville.
Update: I wanted to add in the latest results from the poll (visit “Remove Humpfer” emails post above, for a link) Scroll down for the current results.
I’ve spent the last several months pointing out many of the problems with members of the Village Board.
Some may question the effect that this has had on the Village. But I believe it has been extremely important to point these things out. Why?
Because, if Carpentersville is to be the better place that we want it to be, these elements cannot remain as a part of it.
We cannot have those who lack decency and good moral character in positions of decision-making that affect the lives of every person in the community. We must not accept those who refuse to take action to protect the public trust we place in the elected positions of our government.
By refusing to take the right and proper action to remove convicted criminal Paul Humpfer from office, Trustees Judy Sigwalt, Kay Teeter, Ed Ritter and Keith Hinz have failed in their duties and responsibilities to the community.
Tonight, they will have another opportunity to do what is right. (The agenda has an item for them to declare the seat of Paul Humpfer vacant, for having been convicted of a serious, violent crime).
Will they do it? Or will they allow this issue to further consume time and distract from the real work that Carpentersville needs and wants? (For those who are unaware, that is the strategy of Sigwalt and Co — they apparently want to stall everything.)
Illinois statutes say that “upon conviction” — not “upon sentencing” or “upon the end of the appeals process” — of a serious crime that violates community standards of decency and morality, an elected official’s seat becomes vacant. The statutes further provide that if the conviction is later overturned, the official could be returned to their seat for the remainder of his/her term.
The majority of the community (and even across the country) knows that the crime that Paul Humpfer was convicted of (hitting his wife with a baseball bat) is a serious, violent crime. If the Board fails to declare Humpfer’s seat vacant, or refuses to even discuss the matter, tonite, they will be affirming that they believe such a crime is not a serious matter.
At the last meeting, Trustee Ritter said, “You will not get a second”, in response to President Sarto seeking a second to the motion to discuss and vote on the vacancy of Trustee Humpfer seat.
Why, Trustee Ritter? Because you and other members of the Board do not have the courage or the moral background to do what is right?
It is time for the Board to do what is right, and what they were elected to do. Sarto and Ramirez-Sliwinski have been trying to do so.
When will the rest of the Board decide to finally do so?
(The people certainly want Humpfer gone, along with any Trustee who supports him).
Reports have been received of bogus e-mail grand jury subpoenas, purportedly sent by a United States District Court. The e-mails are not a valid communication from a federal court and may contain harmful links. Recipients are warned not to open any links or download any information relating to this e-mail notice. The emails were sent from a uscourts.com address, which is different from the actual federal court’s domain — uscourts.gov
Officials with the Administrative Office of the U.S. Courts are investigating the matter.
Is Trustee getting preferential treatment?
1. No charges filed in a 2005 incident despite evidence of physical injuries, reportedly a cracked rib and bruised tailbone
2. Despite new commission of a battery with a deadly weapon, charged only with misdemeanor instead of felony
3. Board members don’t even have discussion when trustee is indicted
4. Board members won’t discuss removal even after conviction
5. Board members dismiss citizens’ outrage
6. State’s Attorney won’t render opinion
7. Attorney General’s office decline opinion
8. Judge grants defense motion to allow more than 30 days to read court transcript
9. Judge postpones scheduled sentencing
Some might say that Carpentersville is dying. I prefer to say that it is being murdered — by those members of the Board of Fools that continue to put themselves at odds with common sense logic and decency that even a 2-year old would be able to figure out.
The 2-year-old knows that its not ok for daddy to hit mommy. So what the hell is wrong with Sigwalt, Teeter, Ritter and Hinz?!
This Bunch have basically said to the people they work with, the children they care for, the students they teach and the customers they serve (not to mention the residents and the rest of the country) that “hitting your wife with a baseball bat is no big deal” — “a misdemeanor”, they say.
And, we are expected to trust these people with our tax dollars and government?!
Trustee Sigwalt was quoted in the Daily Herald this weekend as saying “we are elected officials and need to set an example. We need to be diplomatic and watch what we say and do.”
That statement coming out of her mouth is about as credible as the “English-only” resolution. She must have borrowed that idea from some of the intelligent contributors to this blog — certainly not from her own mind or that of her “supporters”.
They say “it was only a misdemeanor”. However, the facts of the case have found Paul Humpfer guilty of an “infamous crime” according to the definition under Illinois case law. I have laid this out in a previous post, “Humpfer conviction fits ‘infamous crime’”.
But, despite the fact that a convicted (that means he was found guilty in a court of law) spousal abuser remains on the Board, some choose to otherwise ignore that and talk about Bill Sarto and Linda Ramirez-Sliwinski and anything else they can to try to take the focus off Paul Humpfer’s crimes.
They criticize the amount of money spent on the Village Attorney, even though the majority of that money has been dealing with messes that some members of the Board caused, with illegal meetings and illegal immigration ordinances, etc. (I believe it was said at a previous Board meeting that about $400,000 per year is set out in the budget for the Attorney).
Their media ally, the Daily Herald, has spent nearly a week writing about something that the majority of the rest of the universe thinks is a non-issue (don’t believe me? do a Google Blog Search) — Trustee Ramirez-Sliwinski referring to tree-climbing children as “monkeys” — but apparently has no problem with Paul Humpfer remaining in office after being convicted of hitting his wife.
Sigwalt, Teeter, Ritter, Hinz, their supporters and the Daily Herald, are on the wrong side of common sense, decency and logic.
Trustee Ritter says that the Board is there to keep Sarto (and presumably Ramirez-Sliwinski) from doing whatever they want.
The problem with that statement is that Sarto and Ramirez-Sliwinski are right. So, Ritter and others are stopping those who are trying to do the right thing.
On the Humpfer situation, the Board heard from dozens from across the country, with the huge majority saying Humpfer should be removed from office. Now, in the Ramirez-Sliwinski comment, almost the entire blogosphere is saying that the comment is out of context and the issue blown out of proportion — some even are saying that the citation was a violation of her First Amendment rights to free speech. But, the Daily Herald and those same people who supported keeping Humpfer in office, are again on the wrong side of the issue. They are on the wrong side of logic.
It just goes to show that the majority of the Board (along with those who follow/support them) value themselves and their position over what is right and good for the People they serve.
This is why there has been the fighting on the Board … Sarto and Ramirez-Sliwinski have been trying diligently to do what is right for the People of Carpentersville, while the rest of the Board works to do prevent them from doing what is right.
Sigwalt and Co. will continue to do that very thing until the People step in and express their outrage at their actions and tactics. Yes, it will take coming to Board meetings and making public comments. But it will also take the People filing complaints with the State’s Attorney and the Attorney General’s office. There is plenty of things to reference by looking back through the articles on this blog.
If you want the government back … it will be necessary to get involved. Sigwalt and Co. don’t want you to get involved. They want you to become so dissatisfied and helpless that you will not even bother to oppose them.
Will you let them put you on the sidelines and keep you there?
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