Cinkus v. Municipal Officers Electoral Bd.

Decision Date21 May 2007
Docket NumberNo. 1-07-0700.,1-07-0700.
Citation869 N.E.2d 861
PartiesJohn F. CINKUS, Petitioner-Appellee, v. The VILLAGE OF STICKNEY MUNICIPAL OFFICERS ELECTORAL BOARD, Donald J. Tabor, Arthur Rawers, Clerk, Richard E. McDonald, Senior Trustee, Sam Esposito, Objector, and David Orr, Cook County Clerk, Respondents-Appellants.
CourtUnited States Appellate Court of Illinois
869 N.E.2d 861
John F. CINKUS, Petitioner-Appellee,
v.
The VILLAGE OF STICKNEY MUNICIPAL OFFICERS ELECTORAL BOARD, Donald J. Tabor, Arthur Rawers, Clerk, Richard E. McDonald, Senior Trustee, Sam Esposito, Objector, and David Orr, Cook County Clerk, Respondents-Appellants.
No. 1-07-0700.
Appellate Court of Illinois, First District, First Division.
May 21, 2007.

[869 N.E.2d 862]

Michael E. Lavelle, Kevin E. Bry, of Lavelle & Motta, Ltd., for Petitioner-Appellee.

Joseph Cainkar, of Louis F. Cainkar, Ltd., for Respondents-Appellants.

Presiding Justice McBRIDE delivered the opinion of the court:


Petitioner, John F. Cinkus, filed nomination papers to be a candidate for village trustee in the Village of Stickney. Respondent Sam Esposito objected to petitioner's candidacy based on an allegation that petitioner is ineligible for office under section 3.1-10-5(b) of the Illinois Municipal Code (65 ILCS 5/3.1-10-5(b) (West 2004)) because petitioner owed $100 to the Village of Stickney. Respondent Village of Stickney Municipal Officers Electoral Board (Board) sustained Esposito's objection under section 3.1-10-5(b) and found petitioner ineligible. Petitioner sought judicial review, arguing that the Board's decision was contrary to law and violated due process. The trial court agreed with petitioner and reversed the Board's decision.

Esposito appeals, arguing that the Board correctly ruled that petitioner was ineligible to run for village trustee because he was in arrears of a debt owed to the Village of Stickney at the time petitioner filed his nomination papers, pursuant to section 3.1-10-5(b).

On February 5, 2007, petitioner filed his nomination papers for the office of trustee in the Village of Stickney for the April 17, 2007, consolidated election. On February 12, 2007, Esposito filed a verified objector's petition, alleging that petitioner is ineligible to run for trustee in the Village of Stickney under section 3.1-10-5(b) because "[t]he Candidate is in arrears in the payment of indebtedness in the amount of $100.00 to the Village of

869 N.E.2d 863

Stickney." Petitioner filed a motion to dismiss the objection, which was taken with the case. Petitioner included his affidavit with the motion to dismiss, which claimed that petitioner attempted to pay the $100 debt on February 14, 2007, but the Village employee refused his tender. He was referred to a Village police officer, who also refused to accept payment and told to speak with the mayor or Village treasurer. Petitioner attempted to pay the treasurer, but payment was again refused. Eventually, petitioner made out a check to the Village for the $100 judgment and inserted it into the payment window at the Village business office, stating that he was paying his debt.

On February 16 and 22, 2007, the Board conducted a hearing on Esposito's objection. Esposito offered a notice of judgment for $100 entered against petitioner on November 16, 2006. Attached to the notice of judgment was a citation for disorderly conduct, pursuant to the Village of Stickney Municipal Code, issued against petitioner on April 27, 2006. The Board sustained Esposito's objection and found:

"[T]he candidate is not eligible to be a candidate for the elected municipal office sought under the Illinois Municipal Code, 65 ILCS 5/3.1-10-5(b), as he is indebted to the Village of Stickney in the amount of $100.00 by virtue of a judgment entered against him in that amount which, as of the date of the filing of the candidate's nomination papers and as of the date of the filing of the Objector's Petition, was unpaid."

The Board declared petitioner's nomination papers to be invalid and his name shall not be printed on the ballot for the April 17, 2007, consolidated election.

Petitioner sought judicial review in the circuit court of Cook County. On March 15, 2007, the circuit court reversed the Board's decision as "contrary to law, arbitrary and capricious, and violated Due Process and is against the manifest weight of the evidence." The circuit court ordered petitioner's name to be placed on the April 17, 2007, ballot. This appeal followed.

On appeal, Esposito argues that the Board correctly ruled that petitioner is not eligible to run for the office of trustee in the Village of Stickney due to his being in arrears of a debt owed to the Village of Stickney at the time petitioner filed his nomination papers. Petitioner responds that the section 3.1-10-5(b) applies to ineligibility to hold elected office, not ineligibility to run for elected office.

We review the Board's decision on appeal rather than the circuit court's decision. Bergman v. Vachata, 347 Ill. App.3d 339, 344, 282 Ill.Dec. 934, 807 N.E.2d 558 (2004). The sole question presented on appeal involves the interpretation of section 3.1-10-5(b) of the Illinois Municipal Code (65 ILCS 5/3.1-10-5(b) (West 2004)). The interpretation of a statute is a question of law and is reviewed de novo. Bergman, 347 Ill.App.3d at 344, 282 Ill.Dec. 934, 807 N.E.2d 558.

Section 3.1-10-5(b) provides:

"A person is not eligible for an elective municipal office if that person is in arrears in the payment of a tax or other indebtedness due to the municipality or has been convicted in any court located in the United States of any infamous crime, bribery, perjury, or other...

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1 cases
  • Cinkus v. Village of Stickney
    • United States
    • Supreme Court of Illinois
    • March 20, 2008
    ...... 228 Ill.2d 200 . John F. CINKUS, Appellant, . v. . The VILLAGE OF STICKNEY MUNICIPAL OFFICERS ELECTORAL BOARD et al., Appellees. . No. 104471. . Supreme Court of Illinois. . March ......

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