Naperville looks at giving residents recall power

Naperville leaders want residents to have the ability to vote them out of office.

The measure comes as the city council struggles with a growing divide among members over the departing city manager's accusations of a councilman's abuse of power and that councilman's federal civil rights lawsuit against the city.

At Tuesday's meeting, Councilman Grant Wehrli suggested the city support a state initiative that might allow for recall elections at local levels.

A recall election allows residents to vote on the removal of an elected official from office. Only a few home-rule communities in the suburbs have adopted this power.

Meanwhile, City Attorney Margo Ely said she is investigating the method required to "create a local mechanism for a recall election."

She was unsure whether it required a citywide vote or whether the council could simply adopt the provision.

It appears a citywide vote is required. Officials in both Arlington Heights and Mount Prospect -- two villages with recall election power -- said village-wide votes were held to enact the provision. Arlington Heights enacted the law in 1980 and Mount Prospect in 1995. Neither community has ever used it.

"I believe it had to go to referendum because it changed the form of government," Arlington Heights Village Attorney Jack Siegel said. "It's never been tested."

Ely did not set a date for a report back to the council on the proposal.

Meanwhile, there are dueling resolutions in both chambers of the Illinois legislature that would change the state constitution to allow for recall elections in statewide offices. A statewide vote would be required to enact the proposal.

Lt. Gov. Pat Quinn supports recall elections and has long advocated for the ability at all levels of government, calling it a "tool of direct democracy."

"I feel it's a good way to keep elected officials accountable," he said. "I've been pursuing this for 32 years."

Depending on the language adopted for recall power, a certain percentage of registered voters would have to sign petitions to recall an elected official. The issue would be placed on the next ballot and require a super-majority of the vote for recall. The state proposal calls for more than 60 percent of the vote.

"I don't think it should be easy to recall somebody, but the option should be there," Wehrli said. "It's not something you want to see a practice made of."

The Naperville recall measure came up the same night the council approved drafting a resolution of censure against Councilman Richard Furstenau.

The embattled councilman is accused by outgoing City Manager Peter Burchard of intimidating and threatening staff members during his nine years in office.

Furstenau recently filed a federal civil rights lawsuit against the city and three police officials stemming from his 2006 arrest and eventual acquittal of battery charges against a Naperville police officer.