Resolution to curtail Carpentersville president's powers tabled indefinitely

Carpentersville trustees have added another course to the village's menu of tabled items.

A resolution attempting to limit the powers of Village President Bill Sarto was put on hold indefinitely Tuesday, with some trustees arguing any action on the measure would be premature.

Trustees Ed Ritter, Kay Teeter and Linda Ramirez-Sliwinski and Sarto voted to table the measure. Trustees Keith Hinz, Paul Humpfer and Judy Sigwalt championed a final vote.

The measure, proposed by Sigwalt, says "Trustee Humpfer's conviction for misdemeanor domestic battery is neither a felony nor an 'infamous crime' under any plausible interpretation of current or past Illinois law."

Ritter said since much of the language in the resolution references Humpfer's recent conviction on four counts of misdemeanor domestic battery against his wife, the board should wait for a final legal decision.

"We have conflicting legal opinions," Ritter said. "The quo warranto proceedings are in the process with the state's attorney and the attorney general. It wouldn't be appropriate for us to make a decision that is different to theirs."

However, Hinz said, the village board had ample information to make its own decision.

"With all of the time and effort that has been taken I felt that we could make a judgment call," Hinz said. "That's what happens in this village is we table this and table that and we have a table full of tabled items. I wanted to see action taken on it."

Sigwalt proposed the resolution after Sarto contacted Illinois Attorney General Lisa Madigan and Kane County State's Attorney John Barsanti requesting both parties step in to remove Humpfer.

Sarto asked the agencies to begin quo warranto proceedings, a legal action that establishes the legitimacy of an officeholder.

Though not legally binding, the resolution also suggests Sarto is authorized to act on behalf of the village -- or use village resources and funds -- only with prior approval of the village board.

But the resolution contradicts an opinion from village attorney James Rhodes that says "any citizen of the village of Carpentersville can request a quo warranto proceeding be brought."

Sarto called the resolution "ridiculous."

"I don't think it was worth the paper it was written on," Sarto said. "It makes it seem like I have done something wrong when I haven't."

Sarto likened the tabling of Tuesday's resolution to the illegal immigration-related ordinance currently in limbo.

That proposed ordinance would make it unlawful to rent to or hire illegal immigrants in the village.

Trustees moved to table any discussions on the issue until similar cases in communities like Hazleton, Pa., are resolved.

"Anytime they don't get their way, they table it," Sarto said. "However they want to play it, I am willing to play it with them."