TribLocal: Mayoral Vacancy Could Have Been Filled By Council

TribLocal reports the Village Council could have appointed a temporary mayor if Mayor Ron Sandack had chosen to step down after being sworn in as state senator Nov. 30.

According to a story published Feb. 16, Larry Frang, the executive director of the Illinois Municipal League, said the council could have appointed an acting mayor from its ranks and also appointed a seventh member to avoid potential stalemates.

The story quotes Sandack as acknowledging such actions would have been possible, though "implausible" given the current council make up.

Sandack in January e-mailed residents to explain his reasons for serving out his mayoral term while also assuming his senatorial duties in Springfield. "I NEED to finish out because I do not WANT to leave my community and my colleagues in a stalemate," he wrote.

"Because of the village council appointment process in place, there would be no chance to fill my seat with a temporary council member if I left," Sandack wrote in the Jan. 6 e-mail to residents.

In response to questions  posed by Downers Grove Patch in January, Sandack said, "The timing is complex, but my situation was not even close—under no circumstances could an appointment have been made and I have said this to any person who has inquired of me." 

"It has to do with how many months remain in the relevant elected official's term and how close the resignation/vacation is to the next municipal election. Appointments prior to elections lend themselves to co-opting of the next election, naturally," Sandack told Patch, adding that matter is subject to state election law rules.

Sandack later e-mailed Patch in response to comments posted by readers. He highlighted part of Section 3.1-10-51 of the Illinois Compiled Statutes 65 ILCS 5 Illinois Municipal Code, which he said applied to his case:

(b) If a vacancy occurs in an elective municipal office with a 4-year term and there remains an unexpired portion of the term of at least 28 months, and the vacancy occurs at least 130 days before the general municipal election next scheduled under the general election law, then the vacancy shall be filled for the remainder of the term at that general municipal election.

However, another section of the law seemed potentially applicable to the Downers Grove situation:

If a vacancy occurs later than the time provided in subsection (b) in a 4-year term, a vacancy in the office of mayor shall be filled by the corporate authorities electing one of their members acting mayor. The acting mayor shall perform the duties and possess all the rights and powers of the mayor until a mayor is elected at the next general municipal election and has qualified. A vacancy occurring later than the time provided in subsection (b) in a 4-year term in any elective office other than mayor shall be filled by appointment by the mayor, with the advice and consent of the corporate authorities. 

When Patch asked the mayor via e-mail about the applicability of that section, he replied, "Yes, but selection of a replacement from within was never a compelling concern of mine (although I doubt there was an easy choice...being mayor pro tem is not a factor here and the vote—ironically could be 3-3)...stalement/deadlock was my always my principal concern."

State law permits Sandack to complete his term as mayor while also serving as state senator, as he noted in his January e-mail to residents.

"I am legally permitted to continue to serve as mayor; these jobs are not incompatible and, in fact, there are several mayors who have served contemporaneously in the general assembly."