Elizabeth Jimenez decides to not take oath of office

[Ted]

Elizabeth Jimenez, who currently serves on the D100 school board and who was elected Berwyn Township trustee in the April 4, 2017 election, has decided she will not take the oath of office for Berwyn township trustee because she claims she was threatened with a lawsuit that would get her kicked off the D100 school board if she took her oath of office for Township Trustee.  Here is what she posted on Facebook:

   "It is with great sadness that I am letting all of our Berwyn residents know that I have not taken and will not be taken the oath of office for Township Trustee. Over the last couple of weeks I have been receiving anonymous information letting me know that certain individual(s) were thinking of filing in court papers that once I took the oath for Township meant that I was automatically given up my seat as school board member in School District 100. Unfortunately I was not aware of the issues it could arise. I spoke to lawyers and after careful review of the matter they agree that it MAY be. They also mentioned that we could go to court and a judge would have to decide. It would be a long process and it cost lots of money and for that reason I decided to not take the oath. To all who believed and voted for me I want to apologize. I want you to know that it was not my intention to do this. I was very excited to be your voice as Township Trustee. I have enclosed the letter I submitted to Supervisor Elizabeth A. Pechous. Any questions please feel free to reach out to me. Thank you!"

[Ted]

 Just an FYI, there are lots of examples in Cook County (including two involving Berwyn) where a person is holding two elected offices at the same time.  Berwyn's state senator, Steve Landek, is also mayor of Bridgeview.  And, Berwyn's Cook County commissioner, Jeff Tobolski, is also McCook's mayor.

[Ted]

In the 2009 election, Beth Pechous was elected as Township Supervisor and elected to the D100 school board IN THE SAME ELECTION!!! Pechous resigned from the D100 school board on November 8, 2010. Here is the link to her resignation from the D100 board: http://www.berwyntalk.com/smf/index.php?topic=10205.msg172882#msg172882

Why is it that Beth Pechous was able to hold BOTH a D100 board seat and be Berwyn Township Supervisor at the same time, if there is allegedly by-law that does not allow it?

[chandasz]

Because there are underhanded politics at play here. Why do they perceive her to be such a threat?

[Ted]

  There are other examples that people have brought up on Facebook - Mary Karasek served as Berwyn City Treasurer while at the same time serving on the Morton High School board and Morton College Board. Pat Fortunato served as Berwyn 8th ward alderman from 2001 to 2005 while also serving on the D201 school board from 2003 to 2007.  And, someone stated on Facebook that one of the Bojovijc's served on the Berwyn Park District board at the same time he was an alderman.

  If there is such a law that prohibits serving in two elected offices at the same time, it appears it is rarely enforced.

[markberwyn]

Huh. People with the last names Pechous, Landek, Tobolski, Karasek, Fortunato, and Bojovic can hold multiple elected offices in Berwyn. A person with the last name Jimenez can't. Just baffling. What can be going on?

[Ted]

Huh. People with the last names Pechous, Landek, Tobolski, Karasek, Fortunato, and Bojovic can hold multiple elected offices in Berwyn. A person with the last name Jimenez can't. Just baffling. What can be going on?

  I honestly do not think this has to do with ethnicity.  It's all about politics and the associated power and money.

[markberwyn]

Huh. People with the last names Pechous, Landek, Tobolski, Karasek, Fortunato, and Bojovic can hold multiple elected offices in Berwyn. A person with the last name Jimenez can't. Just baffling. What can be going on?

  I honestly do not think this has to do with ethnicity.  It's all about politics and the associated power and money.

It's a good thing Berwyn is able to keep politics, power, and money separate from ethnicity. Good job, Berwyn!

[markberwyn]

What are the last names of the people standing in Ms. Jimenez's way?

[chandasz]

They have not publicly outed themselves as standing in her way-- from what I hear, the threats were anonymous. I have my guesses though....

I think it's more politics for this one than ethnicity....

[markberwyn]

Anonymous? Jimenez's smart play on this is to let the people who want to file their suit go ahead and file their suit. If she wants to bow out because she can't afford a legal battle, OK. But get their names out there.

[Ted]

Anonymous? Jimenez's smart play on this is to let the people who want to file their suit go ahead and file their suit. If she wants to bow out because she can't afford a legal battle, OK. But get their names out there.

But, if she bows out then she loses her seat on the D100 school board.  I do not think she wants to risk losing her seat on the D100 school board, which is why she did not take the oath of office for Township Trustee... being on the school board was more important to her than being on the township board.

[Ted]

Here is the pertinent text from the Illinois Association of School Boards website.   A school board member can hold another elective office, as long as it is not "incompatible".  There FAQ lists offices that are incompatible with being a school board member.  Township trustee is not on the list.  Whether or not township trustee is incompatible with being a school board member has never been tested in the courts so there is no precedent.

https://www.iasb.com/law/COI_FAQ.pdf

"Can a board member hold two elected offices at the same time? Yes, provided the offices are not incompatible. In Rogers v. Village of Tinley Park, 116 Ill.App.3d 437, 441 (1st Dist. 1983), the court described incompatibility as follows:

Incompatibility is present when the written law of a state specifically prohibits the occupant of either one of the offices in question from holding the other and, also, where the duties of either office are such that the holder of the office cannot in every instance, properly and fully, faithfully perform all the duties of the other office.This incompatibility may arise from multiplicity of business in one office or the other, considerations of public policies, or otherwise. (Emphasis added) People v. Haas, 145 Ill.App. 283, 286-87 (1st Dist. 1908).

[Incompatibility] is found to be in the character of the offices and their relation to each other, in the subordination of the one to the other, and in the nature of the duties and functions which attach to them. Incompatibility of offices exists where there is a conflict in the duties of the offices, so that the performance of the duties of the one interferes with the performance of the other.They are generally considered incompatible where such duties and functions are inherently inconsistent and repugnant, so that because of the contrariety and antagonism which would result from the attempt of one person to discharge faithfully, impartially, and efficiently the duties of both offices, considerations of public policy render it improper to retain both. [Emphasis added] (Internal quotations omitted).

In another appellate decision, the court held that the offices of alderman, school board member, and park district commissioner were incompatible. Said the court: "Instead of examining whether there has been an actual conflict in the offices in which a person is serving, Illinois courts look to whether there will eventually be a conflict." People ex. rel. Alvarez v. Price,948 N.E.2d 174 (Ill. App. 1 Dist. 2011).

The Illinois Attorney General's office has compiled a comprehensive list of incompatible offices. Some offices found by Attorney General opinions to be incompatible with the office of school board member are: Board of Review member, City Council member, City Manager, Community College District Trustee, County Board Member, County Engineer, County Zoning Administrator, County Zoning Board of Appeals Member, Educational Labor Relations Board Member, Fire Protection District Trustee, Park District Board Member, Township Assessor, and Township School Trustee.

The Attorney General's index of opinions can be found at: www.illinoisattorneygeneral.gov/opinions.

A board member may also be a city councilman, a city alderman or a village trustee if the village, city or unincorporated town has 2500 or fewer inhabitants. 50 ILCS 105/1.3.

[markberwyn]

Anonymous? Jimenez's smart play on this is to let the people who want to file their suit go ahead and file their suit. If she wants to bow out because she can't afford a legal battle, OK. But get their names out there.

But, if she bows out then she loses her seat on the D100 school board.  I do not think she wants to risk losing her seat on the D100 school board, which is why she did not take the oath of office for Township Trustee... being on the school board was more important to her than being on the township board.

Ah, fair point.

[Bonster]

Because there are underhanded politics at play here. Why do they perceive her to be such a threat?

Underhanded?  Her own lawyers advised her stepping down was the right move. 

It was another political oversight made by the BU party that others jumped on.  They made a lot of good choices on their part, and some... notsomuch.

[Bonster]

Anonymous? Jimenez's smart play on this is to let the people who want to file their suit go ahead and file their suit. If she wants to bow out because she can't afford a legal battle, OK. But get their names out there.

But, if she bows out then she loses her seat on the D100 school board.  I do not think she wants to risk losing her seat on the D100 school board, which is why she did not take the oath of office for Township Trustee... being on the school board was more important to her than being on the township board.

Of course it is.

Trustee, Berwyn Township
8.3.1
Qualifications

• Pulse

[MRS. NORTHSIDER]

Elizabeth Jimenez, who currently serves on the D100 school board and who was elected Berwyn Township trustee in the April 4, 2017 election, has decided she will not take the oath of office for Berwyn township trustee because she claims she was threatened with a lawsuit that would get her kicked off the D100 school board if she took her oath of office for Township Trustee.  Here is what she posted on Facebook:

   "It is with great sadness that I am letting all of our Berwyn residents know that I have not taken and will not be taken the oath of office for Township Trustee. Over the last couple of weeks I have been receiving anonymous information letting me know that certain individual(s) were thinking of filing in court papers that once I took the oath for Township meant that I was automatically given up my seat as school board member in School District 100. Unfortunately I was not aware of the issues it could arise. I spoke to lawyers and after careful review of the matter they agree that it MAY be. They also mentioned that we could go to court and a judge would have to decide. It would be a long process and it cost lots of money and for that reason I decided to not take the oath. To all who believed and voted for me I want to apologize. I want you to know that it was not my intention to do this. I was very excited to be your voice as Township Trustee. I have enclosed the letter I submitted to Supervisor Elizabeth A. Pechous. Any questions please feel free to reach out to me. Thank you!"

Aside from all the politcal BS we all take for granted when you live in this town, who takes her place?  Also, what kind of person decides to run and then just lay down because "it costs lots of money".  How about letting a judge decide?  You are obviously a smart woman so I believe you could represent yourself or find a lawyer who would.  To all who believed in you, well that's their mistake because you obviously were not committed to doing what's best for the City of Berwyn.  I voted for you so shame on me.

[markberwyn]

Elizabeth Jimenez, who currently serves on the D100 school board and who was elected Berwyn Township trustee in the April 4, 2017 election, has decided she will not take the oath of office for Berwyn township trustee because she claims she was threatened with a lawsuit that would get her kicked off the D100 school board if she took her oath of office for Township Trustee.  Here is what she posted on Facebook:

   "It is with great sadness that I am letting all of our Berwyn residents know that I have not taken and will not be taken the oath of office for Township Trustee. Over the last couple of weeks I have been receiving anonymous information letting me know that certain individual(s) were thinking of filing in court papers that once I took the oath for Township meant that I was automatically given up my seat as school board member in School District 100. Unfortunately I was not aware of the issues it could arise. I spoke to lawyers and after careful review of the matter they agree that it MAY be. They also mentioned that we could go to court and a judge would have to decide. It would be a long process and it cost lots of money and for that reason I decided to not take the oath. To all who believed and voted for me I want to apologize. I want you to know that it was not my intention to do this. I was very excited to be your voice as Township Trustee. I have enclosed the letter I submitted to Supervisor Elizabeth A. Pechous. Any questions please feel free to reach out to me. Thank you!"

Aside from all the politcal BS we all take for granted when you live in this town, who takes her place?  Also, what kind of person decides to run and then just lay down because "it costs lots of money".  How about letting a judge decide?  You are obviously a smart woman so I believe you could represent yourself or find a lawyer who would.  To all who believed in you, well that's their mistake because you obviously were not committed to doing what's best for the City of Berwyn.  I voted for you so shame on me.

Your anger seems wildly misdirected. If you supported Ms. Jimenez as much as you say you did, you should be upset at the people who are trying to railroad people out of her position. When you have some quiet time to yourself, you should think about why you chose to publicly express your anger toward Ms. Jimenez and not them.

[MRS. NORTHSIDER]

Elizabeth Jimenez, who currently serves on the D100 school board and who was elected Berwyn Township trustee in the April 4, 2017 election, has decided she will not take the oath of office for Berwyn township trustee because she claims she was threatened with a lawsuit that would get her kicked off the D100 school board if she took her oath of office for Township Trustee.  Here is what she posted on Facebook:

   "It is with great sadness that I am letting all of our Berwyn residents know that I have not taken and will not be taken the oath of office for Township Trustee. Over the last couple of weeks I have been receiving anonymous information letting me know that certain individual(s) were thinking of filing in court papers that once I took the oath for Township meant that I was automatically given up my seat as school board member in School District 100. Unfortunately I was not aware of the issues it could arise. I spoke to lawyers and after careful review of the matter they agree that it MAY be. They also mentioned that we could go to court and a judge would have to decide. It would be a long process and it cost lots of money and for that reason I decided to not take the oath. To all who believed and voted for me I want to apologize. I want you to know that it was not my intention to do this. I was very excited to be your voice as Township Trustee. I have enclosed the letter I submitted to Supervisor Elizabeth A. Pechous. Any questions please feel free to reach out to me. Thank you!"

Aside from all the politcal BS we all take for granted when you live in this town, who takes her place?  Also, what kind of person decides to run and then just lay down because "it costs lots of money".  How about letting a judge decide?  You are obviously a smart woman so I believe you could represent yourself or find a lawyer who would.  To all who believed in you, well that's their mistake because you obviously were not committed to doing what's best for the City of Berwyn.  I voted for you so shame on me.

Your anger seems wildly misdirected. If you supported Ms. Jimenez as much as you say you did, you should be upset at the people who are trying to railroad people out of her position. When you have some quiet time to yourself, you should think about why you chose to publicly express your anger toward Ms. Jimenez and not them.

She is obviously a strong woman who wanted to do good for her town.  It's a shame she didn't have the backbone to take them on in a legal venue.  She knew that when she ran for this election what she would be facing.  As another poster used to say, "Nuff said".

[chandasz]

It's not about a lack of backbone. Knowing Elizabeth- I know she'd fight them if she had the $. The cost of a lawyer to fight this would be completely cost prohibitive for her. AND she'd risk losing her seat on the school board.