Referendum to change Waukegan to city manager government halted

As lawyers argue whether petitions to place a referendum to change Waukegan’s form of government were filed in the proper place, a move to transfer the day-today operations of the city from the mayor to a city manager remain in limbo.

The three-member Municipal Officers’ Electoral Board of Waukegan on Wednesday at City Hall gave its first consideration to an objection to a petition that would let voters decide if the city should switch to a council-manager government, giving lawyers an opportunity to put their pleas in writing. After Patricia Ludwig, a representative of Waukegan Forward — a group devoted to opposing those blocking progressive measures in the city — filed 242 pages of petitions Jan. 3, Waukegan Ald. Sylvia Sims Bolton, 1st Ward, filed a formal objection to the effort Jan. 10.

Tiffany Nelson-Jaworski, the attorney for Ludwig — the principal proponent — and Ed Mullen, representing Bolton, said to the board by telephone they wanted to submit written arguments for consideration before presenting them orally.

Ald. Gregory Moisio, 3rd Ward, the board chair, said the initial brief was due Friday, with responses submitted Monday and any additional replies Tuesday. The board will consider the parties’ positions at 1 p.m. on Wednesday at City Hall.

Normally the board consists of the mayor and the city’s two most senior aldermen — Moisio and Ald. Edith Newsome, 5th Ward — under Illinois law. Since Mayor Ann Taylor recused herself from the proceeding, city clerk Janet Kilkelly sat in instead.

“I have removed myself before a date was set,” Taylor said at Tuesday’s City Council meeting. “I am not going to be part of the committee.”

One of Taylor’s initial campaign promises more than two years ago was moving the city to a managerial form of government. She was a strong proponent of a measure by the City Council to place a city manager referendum on the April 4 ballot. It was defeated 5-4 on Dec. 19.The council initially wanted to place three referendums before the voters. Along with the question of hiring a city manager, the voters would have been asked to retain the city’s wards and keep the council’s size at one member per ward. Moisio voted in favor, Newsome against.

While the board will make a decision — possibly as soon as Wednesday — whether to grant or deny the objection, Moisio does not believe its action will be the final word. He anticipates an appeal.

“Whoever loses will take this across the street to a judge,” Moisio said, referring to the Lake County Court. “We are not trained legal minds, and this is a lot of legalese. At the end of the day a judge will make the decision.”

Bolton wrote in her objection the petitions were not filed properly under Illinois law, nor were they filed in the Lake County Court asking a judge to allow the petition, as state law requires. She said the petitions were those required for advisory referendums, not binding ones.

Though Bolton said 80% of the petitions’ signatures did not come from Waukegan voters, Moisio said the board cannot consider that argument because it was not contained in the written objection.

“We can only look at what’s in the objection,” Moisio said. “That’s the only evidence we look at.”