Carpentersville mayor declares vacancy again

For the fifth time since early March, Carpentersville Village President Bill Sarto has declared a village board vacancy.

And this time, the village leader said he plans to nominate a former board member to fill the position as soon as the May 6 village board meeting.

In a letter sent Monday to trustees and the village manager, Sarto again deems Trustee Paul Humpfer's board seat open.

"Since the position of village president or mayor retains the power to appoint to all boards, commissions, committees and certain positions … the village president therefore has the responsibility and, legally the duty, to make the determination of the vacancy of Paul Humpfer's trustee position," Sarto wrote in the five-page letter.

Citing paragraphs from the Illinois Election Code and a memorandum from the village attorney, Sarto concludes that Humpfer vacated his seat on March 5 -- the day a Kane County judge found the trustee guilty on four counts of domestic battery for hitting and poking his wife with a baseball bat.

"Whenever it is alleged that a vacancy in office exists, the officer, body or county board who has authority to fill the vacancy by appointment, or to order an election to fill such vacancy, shall have power to determine whether or not the facts occasioning the vacancy exists," Sarto wrote, quoting electoral policy.

Based on Humpfer's recent conviction and his living arrangements in Indiana, Sarto provides a list of reasons why Humpfer is ineligible to serve on the board.

Humpfer was forced out of his Carpentersville home in June 2007 after his wife filed an emergency order of protection against him.

Though he has been staying with his parents in Hammond, Ind., Humpfer maintains his intent to reside in Carpentersville.

Some municipal attorneys have said that intent supersedes where a person is temporarily staying.

Sarto also says the conviction meets the definition of an infamous crime, which requires removal from office under state law.

"From what I have been told, it is up to me as village president to determine if a vacancy exists," Sarto said. "This is the actual process the way it has been explained to me."

Sarto said he would nominate Jim Frost, who lost his re-election bid in April 2007 and is a current member of the village's planning and zoning commission.

Humpfer, who did not return calls for comment Monday, has so far survived four previous efforts to oust him.

In response to the repeated attempts to remove Humpfer from office, some trustees have mulled passing an ordinance that would prohibit Sarto from taking similar action in the future.

The day after Humpfer was found guilty, Sarto sent an e-mail to the board and village officials declaring Humpfer's position vacant.

Sarto then sent requests to the Kane County state's attorney, as well as the Illinois attorney general, asking both offices to begin quo warranto proceedings.

"Quo warranto" is a legal term describing an action that establishes the legitimacy of an officeholder.

It is commonly used to remove publicly elected officials who have committed crimes but who refuse to relinquish their offices.

Neither authority has handed down a decision on the case.

Most recently, Sarto twice introduced an ordinance seeking to remove Humpfer.

But both times the measure failed. On the first attempt to pass the measure, trustees refused to second a motion made by Trustee Linda Ramirez-Sliwinski, a Sarto supporter.

At the subsequent board meeting, it was Ramirez-Sliwinski who asked that the item be removed from the agenda, a move Sarto backed.