Illinois attorney calls trustee removal illegal

摘要

The board of the Fountaindale Public Library District in Bolingbrook, Illinois, voted 4-2 with one abstention to remove its president and 14-year member Ruth Newell. The action to declare Newell's position vacant came during a September 20 meeting, though the board gave no public explanation other than citing "failure to serve." Will County State's Attorney Jeff Tomczak announced January 7 that the decision was not in accordance with state law. "It's our opinion that the board acted outside its statutory authority," Tomczak said in the January 8 Chicago Daily Southtown. He added that if the board refused to reinstate Newell as president, he could go to a judge and ask for a declaration that the board acted illegally. Newell told American Libraries that if the board did not accept her back, the "state's attorney would likely file a lawsuit on behalf of the voters of Will County, and my attorney would also file a lawsuit stating that the board violated my constitutional rights. Legally you can't declare a seat vacant for an elected official. I still live in the district, I pay my taxes, I have never missed a meeting, and I have not violated any laws or committed any crimes." Newell said at a January 14 press conference that the decision to oust her ostensibly centered on a controversy over purchases she made in April 2001 using a library credit card issued in her name. These included two reference books for the library, two personal newspaper subscriptions, and personal items mistakenly added by a store clerk to a receipt for a gift purchased for a retiring trustee. However, Newell stated that the real controversy over her removal arose "during a private conversation in February 2001 between district Library Director Lydia Acosta and me about a bookmobile, increased tax levies, a referendum, and the director's salary." The subscriptions and the items assigned to the card in error total dollar 240.