Dist. 158 news release raises questions

Some school board members questioned this week whether Huntley Unit District 158 disenfranchised Kane County residents when the district sent out an incorrect news release announcing a vacancy on the board.

The news release sent to local newspapers said applicants to the board vacancy had to be registered voters in McHenry County. The false information was reported in the Daily Herald and Northwest Herald.

Part of District 158, including Del Webb's Sun City, is in Kane County, and seats on the school board are open to district residents who live in either county.

At Tuesday's board meeting, board members Larry Snow and Aileen Seedorf suggested extending the deadline for submitting applications for the board seat. The district has until Dec. 3 to fill the vacancy, District 158 officials said.

"How can you vote on something when the legal notice is wrong?" Seedorf said.

But the rest of the board agreed that while the mistake was regrettable, it did not invalidate Tuesday's appointment of former board President Mike Skala or exclude Kane County residents from the process.

"It's an unacceptable mistake, but it doesn't make these proceedings illegal," board President Shawn Green said.

"No one, not a single person, called from Kane County and said, 'Hey, are you excluding people from running from the board?' " Greed said.

Superintendent John Burkey said he received no inquiries from potential candidates who live in Kane County.

Sun City resident Gerald McMahon said Tuesday that fellow residents of the age-restricted community were misled by the district's news release.

"You disenfranchised an entire county. … They misunderstood it as a seat, as a seat that belongs to McHenry County," McMahon said.

McMahon applied for the open seat but turned in his application after the Nov. 7 deadline.

Skala said he agreed with the board's decision to fill the vacancy according to the original timeframe -- despite the mistake.

"It was a press release, not a legal notice," Skala said.

Steve Sturm, legal counsel for the Illinois State Board of Elections, said the law is not clear on District 158's situation.

"That wouldn't diminish their ability to choose whoever's best to fill the vacancy," Sturm said.

But he added that someone could challenge Skala's appointment, though it's unclear if a challenge would hold up in court.

"They would have to show that they were misled and would have had a chance to be appointed," Sturm said.