Dolton mayor’s suit challenges constitutionality of referendum

Dolton Mayor Tiffany Henyard raises some good questions in a lawsuit that challenges the constitutionality of a recall referendum set to appear on ballots in June.

Henyard, who is also Thornton Township supervisor, filed her lawsuit last week against Dolton trustees. Henyard wants a judge to order Cook County Clerk Karen Yarbrough to remove one of two questions related to the recall.

Five trustees who have been at odds with Henyard over a host of policies and procedures voted Dec. 8 to place three questions on ballots for the June 28 primary election.

One question would ask voters whether Dolton should establish a mechanism to recall the mayor. A second would ask whether Henyard should be recalled. The third question was a nonbinding referendum about governmental cooperation.

Perhaps the most obvious and pressing question is, what happens if voters approve the first two questions? Who becomes mayor?

In California, for example, voters in September were asked whether Gov. Gavin Newsom should be recalled. They were then asked to choose from among 46 eligible candidates to replace Newsom if a majority approved the first question.

The second question turned out to be moot, however. Out of 12.8 million ballots cast, nearly 62% voted to retain Newsom while about 38% voted to recall.

In Dolton, voters are offered no such choice to pick a replacement if a majority chooses to boot Henyard from office. The Dolton Village Board would appoint someone to fill the vacancy, and it seems unfair to strip that choice from voters.

Another important question in

Dolton is what happens if voters approve the second question to recall Henyard but reject the first question to create a legal mechanism to recall the mayor?

“The actions of the Village Board, left undisturbed, would create the possibility of an election day result that would be contradictory and confusing to the voters,” according to Henyard’s complaint.

With the first question, trustees sought to correct a deficiency with Dolton’s ordinances. An appellate court pointed out the deficiency in a 2016 ruling that ironically resulted from an attempt to recall Henyard when she was a village trustee. Dolton voters elected Henyard mayor in 2021.

In the 2016 case, Henyard successfully argued the Dolton Village Board was unable to adopt a recall mechanism by resolution and that voters had to approve a referendum. That’s why the current board majority wants to place the first question on ballots June 28.

However, Henyard argues in her complaint, it would be unconstitutional to simultaneously ask voters to recall the sitting mayor on the same ballot that asks citizens to approve a recall mechanism.

“Quite simply put, they may not do so until the mechanism is passed,” according to Henyard’s complaint. “The board, once again, puts the cart before the horse while attempting to undo by referenda what the voters accomplished at the ballot box.”

Many Dolton residents have chosen sides in a prolonged dispute between Henyard and the board majority. Many who back the mayor hold taxpayer-funded jobs for the village or township or are related to someone on the public payroll.

Many who support the board majority are citizens calling for more transparency and accountability. People on both sides have called for better cooperation, more compromise and an end to the fighting that has divided the village of nearly 23,000 residents.

I have tended to agree with supporters of the board majority more often than not, but in this instance I think Henyard is in the right. I think the courts ought to find that the recall mechanism question could appear on ballots June 28, but the actual question of whether to recall Henyard ought to be bumped to November or later.

I agree with critics who say Henyard is wrong to ignore the board majority’s hiring policy requiring background checks. I think Henyard is solely responsible for obstructing at least 63 requests for public documents through the Freedom of Information Act.

The Dolton Village Board majority, however, understands it controls the purse. Legislative bodies are responsible for determining how public funds are spent, not executive branches.

Dolton’s board majority made this point clear Monday night when it came time to approve payrolls and corporate bills, Trustee Jason House moved to authorize payments only to employees who had been working for the village as of January and to withhold paychecks to employees recently hired.

The point was to send a message to Henyard that the board would no longer tolerate her disregard of an ordinance requiring background checks for new hires.

Henyard criticized the board majority, saying trustees were punishing employees by refusing to pay them for time they had already worked.

Denying payment to employees deprives them of their livelihoods and is a clear escalation of the ongoing dispute between the two sides. Perhaps employees will be awarded back pay at some point, maybe not. Either way, most folks I know live paycheck to paycheck and cannot afford to make it very long without income.

Henyard once again Monday asked trustees to approve a proposed housing program and trustees once again refused to authorize it. Trustee Kiana Belcher said the basic structure of the proposed housing program was sound, but that at the moment trustees did not trust Henyard.

“There are a lot of questions that are not being answered,” Belcher said. “The way you recklessly spend money, everything that comes across the board has to be scrutinized.”

Monday’s board meeting consisted of more bickering, more talking over one another, more refusal to compromise and more accusations of lying.

“It’s hard to listen to things that are not true,” Trustee Edward Steave said at one point in the debate.

“Everything you’re saying is false,” Henyard replied.

The definition of insanity is doing the same thing over and over and expecting a different result. Henyard must know that trustees are unwilling to approve her signature housing program unless they get something in return on FOIA requests, hiring practices or other issue.

As it stands, Henyard appears to be trying to score political points by painting trustees as obstructionists. However, trustees seem to be asking the right questions and are right to fulfill their fiduciary responsibilities.

Dolton voters deserve to weigh in on whether Henyard should be recalled as mayor, but not until they’ve had a chance to properly authorize a recall mechanism.