05/13/1987CALL TO ORDER:
ROLL CALL:
PLEDGE:
PURPOSE OF
HEARING:
MINUTES OF THE SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF DES PLAINES,
ILLINOIS, HELD IN THE ELEANOR ROHRBACH
MEMORIAL COUNCIL CHAMBERS, DES PLAINES
CIVIC CENTER ON WEDNESDAY, May 13, 1987.
The special meeting of the City Council of the City
of Des Plaines, Illinois was called to order by
Mayor John E. Seitz at 7:40 P.M. in the Eleanor
Rohrbach Memorial Council Chambers, Des Plaines
Civic Center on Wednesday, May 13, 1987.
Roll Call indicated the following Aldermen present:
Muehlenbeck, Childers, Christiansen, Bonk, Healy,
Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert,
Sarlo, Chiropolos, Addante, Hervas, Haupt.
The Pledge of Allegiance was given to the Flag.
Mayor John E. Seitz stated the following as the
purpose of the hearing:
190.
SPECIAL Mayor John E. Seitz stated that for the record, the
MEETING: special meeting of the City Council was to discuss
one particular item, that is regarding the Verified
Petition for Election Contest by Judith H. Zanca
contesting the election of Carl P. Haupt to the
office of Alderman for the four (4) year term of the
8th Ward of the City of Des Plaines at the Consolidated
Election held April 7, 1987.
"The purpose of the hearing tonight is to hear
and determine the Petition for Election Contest
filed with the City Council on April 27, 1987 by
Judith H. Zanca contesting the election of Carl P.
Haupt to the office of Alderman for the four (4)
year term of the 8th Ward of the City of Des Plaines
as a result of the Consolidated Election held on
April 7, 1987. At the conclusion of this hearing
the City Council will declare as elected the person
who shall appear to have been duly elected by the
voters of the 8th Ward."
Also present were: Attorney Michael P. McClelland, 30 North LaSalle
Street, Chicago, Illinois 60602, Attorney for the Petitioner;
Petitioner, Judith H. Zanca, 81 Roxbury Lane, Des Plaines, Illinois,
60018; Attorney Mathias W. Delort, 134 North LaSalle Street,
Chicago, Illinois 60602, Attorney for the Respondent; Respondent
Alderman Carl P. Haupt, 96 West Jeffrey Lane, Des Plaines, Illinois
60018; Court Reporter Debra J. Nolte, CSR, O'Hare Reporting Service,
2700 River Road, Des Plaines, Illinois 60018; Corporation Counsel
Patrick A. Lucansky, and City Attorney James G. Smith.
EXHIBITS: Corporation Counsel Patrick A. Lucansky requested
that the record show -the ollow-i exhibits:
1. Summons and Notice of Filing.
2. Verified Petition for Election Contest.
3. Appearance of Canvassing Board.
4. Answer of Canvassing Board.
5. Notice of Hearing.
6. Appearance of Carl P. Haupt.
7. Motion to Strike and Dismiss- and Memorandum
in Support 'Thereof Filed by Carl P. Haupt.
8. Response of Judith H. Zanca to Motion to Strike
and Dismiss.
All documents were marked and numbered.
Page Two
5/13/87
191.
SUBPEONA Attorney Michael P. McClelland stated that eight (8)
OF WITNESSES: subpeonas were served, original copies given to Mayor
Seitz; subpeona witnesses to be present to testify
before the City Council if need arises. Mayor Seitz
read the following names:
Judith Janzcak, present
Laurette Walas, present
Sorrell Pischke, not present
Cathy Ladendorf, present
Teresa Lipa, present
Bonnie Drucher, not present
Jerome Friedrichs, present
William Payne, not present
Joyce Bretman, not present
ORAL. Following'.preliminary :.:motions..by.Attorney Mathias W.
ARGUMENTS; Delort and.Attorney Michael P. McClelland, Mayor
RECESS: Seitz called for a 6- minute rece at,8:35 P.M.
Council reconvened at 8:41 P.M.
QUESTION TO Moved by Chiropolos to call for the question to
DISMISS: dismiss.
RECESS: Mayor Seitz called for a recess at 9:15 P.M.
Council reconvened at 9:16 P.M.
MOTION TO
DISMISS:
Corporation Counsel Patrick A. Lucansky explained
the Statutory requirements for a petition to withstand
a motion to dismiss.
Moved by Chiropolos, seconded by Adams, to grant the
motion to dismiss.
Upon roll call, the vote was:
AYES: - 7 - Muehlenbech, Adams, Hardiman, Sarlo,
Chiropolos, Addante, Haupt
NAYS: - 9 - Childers, Christiansen, Bonk, Healy,
Wetter, Schneck, Kisslinger, Gebert
Hervas
ABSENT: 0 - None
Motion declared Lost.
STRIKE Moved by Adams, seconded by- Chiropolos, to strike
PARAGRAPH 17 Paragraph 17 of Petitioner's Petition.
PETITIONER'S Paragraph 17 of Petitioner's Petition was Withdrawn by
PETITION: Attorney Michael P. McClelland.
ADJOURN:
Moved by Chiropolos, seconded by Addante, to
adjourn the special meeting of the City Council to a
later date. (9:45 P.M.)
Upon roll cal]., the vote was:
AYES:- 1 =;
NAYS: 15 - Muehlenbeck, Childers, Christiansen,
Bonk, Healy, Wetter, Schneck, Kisslinger,
Adams, Hardiman, Gebert, Sarlo, Addante,
Hervas, Haupt
ABSENT• 0 - None
Motion declared Lost.
Moved by Childers to set time of adjournment at
10:30 P.M. Motion died for lack of a
second.
SWEARING IN OF Court Reporter, Debra J. Nolte swore in all witnesses
WITNESSES: at the request of Mayor Seitz, including witness
Dorothy Kovacevich.
RECESS: Mayor Seitz called for a recess at 9:55 P.M.
Council reconvened at 10:03 P.M.
WITNESSES
EXCUSED:
RECESS:
Page Three
5/13/87
STIPULATIONS Moved by Bonk, seconded by Wetter, to accept
OF WITNESSES: stipulations of witnesses that would have been called
in this cause to testify in Precincts 23, 31,
49, 54 and 65 (Elk Grove Township).
Motion declared carried.
Mayor Seitz clarified that precincts in question
were in the City of Des Plaines in Elk Grove Township.
Moved by Bonk, :seconded by'.Hervas, to accept
stipulation that if Judith H. Zanca were called to
testify, she would testify that she is a resident,
elector and legal voter in the 8th Ward of the City
of Des Plaines and that she voted in the election
on April 7, 1987 in Precinct 31.
Motion declared carried.
Attorney Michael P. McClelland excused the
witnesses at this time. (10:23 P.M.)
Council reconvened at 11:27 P.M.
192.
Mayor Seitz called for a recess at 10:26 P.M.
to allow representatives from each side to open
the ballots under the supervision of Ms. Barbara
Goodman, Assistant Director of Elections for the
Cook County Clerk's Office, Chicago, Illinois; to make
a tally of the different versions that appear and
then report back to the City Council to enter a
final stipulation after looking at the ballots.
STIPULATIONS: Attorney Michael P. McClelland stipulated completed
examination of all ballots cast and segregated ballots
into various categories; the major catagories being
ballots that contained write in ballots cast for
Carl Haupt which contained a 4 -year term designation
on write -in ballots.
There were a total of 105 ballots segregated in each
of the five precincts.
Attorney McClelland also stipulated that results
of the Canvass Board conducted April 10, 1987 did
show and do show that Carl Haupt received 205 votes
and Judith H. Zanca received 189 votes.
Attorney Mathias W. Delort stipulated that besides
the 93 ballots (Category A with no term), the 105
ballots (Category B with the term), there were
seven (7) ballots which were write in votes for
Carl P. Haupt which for one reason or another were
put into a miscellaneous category for various reasons.
Precinct 23 - Two (2) ballots were there which was
a valid write in vote for Carl Haupt both for a
4 -year term and no term. Voter wrote everything
twice. One (1) ballot that voter indicated that
write -in vote for Carl Haupt for each term; write -in
vote for 4 -year and 2 -year.
Precinct 31 - One (1) miscellaneous ballot was
segregated as it indicated John P. Haupt and not
Carl P. Haupt.
Precinct 49 - No miscellaneous ballots.
Precinct 54 - One (1) ballot where voter wrote in a
write -in vote for Carl Haupt on the punch card
rather than on the envelope, but the card was not
punched for any other candidate for alderman.
Also in Precinct 54, there was a ballot that contained
all information twice.
1
1
1
APPROVED BY THIS
Page Four
DAY OF 1987
Jo n E. Seitz, YOR
Daniel Kisslinger, Mayor Pro Tem
193.
5/13/87
STIPULATIONS Precinct 65 - One (1) miscellaneous ballot. Voter
CONTINUED: indicated everything twice.
Total of seven (7) ballots were miscellaneous
93 ballots did not indicate term
105 ballots indicated term
7 ballots were miscellaneous
Total ballots cast 205 for Carl P. Haupt.
Attorney Michael P. McClelland stated that in
addition there were two (2) other ballots that
were segregated in the miscellaneous category;
Precinct 31 - One ballot that for purposes of
record, the box preceding candidate's name, there
was a check not an "X ".
Precinct 54 - One write -in ballot which did
designate the 4 -year term but in the box preceding
the name the "X" appeared to be obliterated.
SWEARING IN: Court Reporter, Debra J. Nolte swore in Ms.
Barabara Goodman, Assistant Director of Elections
for the Cook County Clerk's Office, Chicago, Illinois.
ACCEPT Moved by Bonk, seconded by Chiropolos, to accept
STIPULATIONS stipulations of preservation of ballots.
RE PRESERVATION Motion declared carried.
OF BALLOTS:
After closing arguments by Attorneys Michael P.
McClelland and Mathias W. Delort, it was moved by
Adams, seconded by Chiropolos to Deny Petitioner's
Petition. Upon roll call, the vote was:
AYES: - 9 - Muehlenbeck, Adams, Hardiman, Gebert,
Sarlo, Chiropolos, Addante, Haupt, Mayor
Seitz
NAYS: - 8 - Childers, Christiansen, Bonk, Healy,
Wetter, Schneck, Kisslinger, Hervas
ABSENT: 0 - None
Motion declared carried.
ADJOURNMENT: Moved by Adams, seconded by Sarlo, that the special
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 12:35 A.M.
Marilyn Trost, DEPUTY CITY CLERK