Kenneth Krochmal in his official capacity as thePresident/Mayor of the Village of North Riverside,Cook County, Illinois

Petitioner.

v.

Anita Alvarez in her offrcial capacity as State'sAttomey of Cook County, Illinois, and Lisa Madiganin her official capacity as the Attorney General of theState of Illinois, and Rocco DeSantis in his officialcapacity as a Trustee of the Village of NorthRiverside, Illinois

Respondents

ON TO

COUR

Now comes Kenneth Krochmal in his official capacity as the ident (Mayor) of the

Village of North Riverside, Cook County, Iltinois by Thomas F. M

matter. and for his Petition states:

uire, his Attorney in this

l. That this Court has iurisdiction as to this Petition to the terms of Article

XVru (Quo Warranto) of the Civil Practice Act as found in 735 Illi s Compiled Statutes;

specifically 5ll8-102 (entitled "Parties") of said Article XVIII

" The proceeding shall be brought in the name of the e of the

State of Illinois by the Attorney General or State's of the

URT OF

proper county, either ofhis or her own accord or atany individual relator; or by any citizen having anquestion on his or her own relation, when he or she

the Attorney General and State's Attomey to bring

the Attomey General and State's Attomey havedo so, and when, after notice to the Attorney

)))))I

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A

G@ PY.Jqi ! : iJ

i-iiii*Ft;.il?lf, B,t;,"i i;,6

i i}*t :.]*,n ig6g-5.-.:;.5s.1 i.,,,p

instance ofin the

requestedsame, and

or failed toI and State's

President/Mayor of the Village of North Riverside, Cook County, Illi and domiciled in the

Village of Nbrth Riverside, flinois.

3. That at all times mentioned herein Respondent Anita

Attorney, and to the adverse party, of the intendedleave has been granted by the circuit court'"

2. That at all times mentioned herein Petitioner Kenneth

Attomey for Cook County, Illinois and Respondent Lisa Madigan

April of 2015.

5. That on December 28,2012 Cook County State's A

Attachment #1 to this writing) to the December 20,2012letter of

to the State's Attorney declining to file a Quo Warranto action; a

application,

was the

varez was the State's

the Illinois Attorney

Anita Alvarez

Petitioner Village President

copy of said December20,

General, both of whom individually, by the terms of 5/18-102 of Arti XVIII of 735Illinois

Compiled Statutes have refused to file, or failed to file a Quo W proceeding before a

citizen having an interest in the matter (i.e., the Village President of Riverside, Cook

County, Illinois) is allowed to file a Quo Warranto Complaint with Court.

4. That at all times mentioned herein Respondent Rocco was a Patrolman

of the Police Department (i.e., part of the Executive Branch of the V of North Riverside,

Ilinois) on a disability pension pursuant to the terms of 5/3-114.1 ( tled "Disabilitv pension-

Line of dutv") of 40 Illinois Compiled Statutes and simultaneously a of the Board of

Trustees (i.e., the Legislative Branch of the government of the Vi of North Riverside,

Illinois) whose term of Office as an elected Trustee of the Village o Riverside expires in

(through Cook County Deputy State's Attorney Patrick T. Driscoll, .) responded (see

2}I2letter to Cook County State's Attorney .Llvarczfrom the Petiti Village President of

North Riverside, Cook County, Illinois recluesting her to file a Quo arranto proceeding being

attached (without attachments) to this Petition marked as

6. That on December 20.2012 the Petitioner Villase ident did send a letter to

Illinois Attorney Geneial Lisa Madigan (see Attachnient #3 to this ing) requesting hef to file

a Quo Warranto Complaint pertaining to Respondent Rocco DeSanti

elected Trustee of the government of the Village ofNorth Riverside,

being simultaneously an

llinois whose term of

Office expires in April 2015 and a Patrolman of the Police of the Village of North

Riverside, Illinois; said letter not having been responded to by the

the date of the filing of this Petition even though in said letter the

request a response to said writing "... no later than 1ll5ll3."

is Attomey General as of

ioner Village President did

Wherefore, the Petitioner Village President requests that to the terms of 5/18-

102 (entitledooPg{ie!") of Article XVIII (Quo Wananto) of the Civil

Paragraph 3 of this Petition:

ice Act as quoted in

A. that this Court mant leave to the Petitioner Villase ident of North Riverside,

Cook County, Illinois to file a Quo Warranto Complaint against Res t Village of North

Riverside Trustee Rocco DeSantis seeking to remove Respondent DeSantis from his

Offrce as an elected Trustee of the Board of Trustees of the Villaee o North Riverside, Illinois

due to Rocco DeSantis being a Patrolman of the Village of North Ri ide, Cook County,

Illinois and as such a member of the Executive Branch of the of the Village of North

Riverside, Cook County, Illinois and simultaneously a Trustee of the gislative Branch (i.e., the

Board of Trustees of the government of the Village of North Ri Cook County, Illinois)

pursuant to the terms of 5/18-101(1) (entitled o'Grounds") of Article III (entitled "Ouo

Wa:ranto") of the Civil Practice Act as found in735Illinois Compi

pertinent part:

Statutes which states rn

"$ 18-101. Grounds, A proceeding in quo warrantoin case:

be brousht

(1) Any peison usurp5; intru'deS into, or ly holds orcorporationexecutes any offrce, or franchise, or any office in an

created by authority of this State;..."

B. that the Petitioner Village President have such other further relief that mav be

fair and equitable.

PresidentAvlavorNorth Riverside, Illinois

Cook County Attomey # 21836Thomas F. McGuireLong Grove Executive House4180 RFD Route 83 Suite 206Long Grove, Illinois 60047Ph: 8471634-1727Fax: 8471634-4785Email: tfmcguire@sbcglobal.net

Attorney for theofthe Village

sL /03 /zALg 15 :07 l_3i26S36698

ANITAALVAREZ$TATEIgATTOFNEY

PATRICKT. DRISCOLL JR.DEFUTY $TATE'g ATTORN EYCHIEF. CIVIL ACTIONS zuREAU

COMM JOHN DALEV

Opnce Or Tne STATe's ATToRt'rEYcooK couNTY,lLUttOtS

Decenber 28,20L2

RICHAROJ. DALEY CENTffiILLINOTS 5rF02

(312) 60&5366(312) 603-5735

a Polioe Offrcer of

PAGE Bt I82

\

Honorable Kenneth Kroshfi alPresident of the Village ofNorfh Riversi de, Illino is2401 S. Desplaines AvenueNorth Riversidc, IL 6054G1596

In RelFile tCo,mnlaint in Orro Falfcrfa

Dear Presideut Krocbmal:

TIte Staters Attotney's Office is in receipt of yow cone'spondenceDEcembsr 20, 20 12 and theundersigned is responding on behalf of the State's Attorney of Cook

'We acknowledge receipt of your corre$pondence and enclosrues of above date and we have

reviewecl the enclosures. Please be advised that this office declines to fileregarding the alleged ernploymcnt ofVillage Trustee Rocco DeSantis viho

complaint in quo warranto

the Village ofNorth Riverside urrder disability stahs. This offce will be no action with regard toyour request aud tlis declirration to procoed as requested should not bc au opinion as to themerits of any claim you have sot forth in your most recent conespondence.

Very tmly yours,

Patick T. Driscoll, Jr.Deputy State's AChicf, Civil Actions

PTD.IR:dr

P\fTficfupjl * j_

WIE-L"T,GE ()F

OIftce of the MaYor

Decenrber 20,20L2 Ken

Anita Alvarez-Statens AttorneYOffice of the Cook County State's Attomey69 West Washington Street Roorn 3200Chicago, Illinois 60602

Re: Request that State's Attomey Anita Alvarez initiate a Quo Wanfrom Ofiice Village ofNorth Riverside Tnrstee Rocco DeSantis

Dear State's Attomey Alvarez,

I urite you in my oapacity as the President of the village of Nortl

capacity as the State's Attorney for Cook County, Illinois.

I write to urge you to file fuursuant to the terms of Artiole XVIIas found :ff|TSslllinois compiled statutes) a Quo Warranto Complainloust Village ofNorth Riverside Board of Trustees, TrusteeRocco DeTrustee to which he was elected in April of 2011 and which he began

Illinois Compiled Statutes. Please Take_Note that I am (by separate maAttorney General) making a request to Lisa Madigan in her capacify as

from his Offrce asing in May of 2011.

His present tenn of Office expires in April of 2015.

stalute I as the VillageComplaint in

is Attomey Generalor that both of You

ith the Cook Counfyin 5i18-103 of735

g to the lllinoisinois Attonrey General

to file in the cook county circuit court a Quo wartanto complairrtto Village of Norlh

Riverside Trustee Rocco DeSantis from his position as a Trustee of the I attach to this

writing a copy of my mailing to the Itlinois Attorney General for i ional purposes"

by you is that

proceeding to oust

and in yout

the Civil Praotice Actaotion would be to

Policebeen explained to

to as

The'basis for my seeking a Quo Wananto Complaint beTrustee Desantis is simultaneolrsly both a Police officer of the North tr

Department and a Trustee of the Village Board of Trustees. As the law

*q hoHittg both positions simultaneously qeates a con-flict of interest

incompatib'ie positions. Such is so in that being a North Riverside Patrol , Trustee

2&1 S. Deqintnes Auenue . Nort/rRirrrslda, IL 60546-1596' f08) M7"421 Fax7O& tu7-4292

ArT/drir€ff *y

\/ILLAGE OF

Desantis is part of the Executive branch of the North Riverside village

simultaneously serving as a member of the legislative bmnch of the Vil

Viltage Boardof Trustees. Please find attaohed for your conside,ration

Riv#ide Village Ordinances dealing with my authority as the Village

specifically thail arn the chief Executive of the Village, the ordinanceIiiverside irolice Department being part of ihe Executive branch of the'(Attachment #2) and the Board of Trustees being the legislative branoh

governrnent (Attachment #3)'

Trustee DeSantis is prcsently on a disability pension from the Vipolice Pension !'und. He is-not retiied f,om the Police Department. He

of the North Riverside Police Department while on a disability pensign

North RiversidePolice Pension Fund based upon the terms of 5/3-114.1pension-Line gf duty) of 40 Illinois compiled stahrtes. Trustee Desatrt

fi; N"rth Ri"*rid. Police Deparunent based upon the terms of 5/3-1 1.1

Illinois Compiled Stalutes. Note the case of SlaytonJ. The FSratd-ot-l''tt

Commissiqners of the Village of Strearnwood, 102 ill'App'3d 335' 430

@ Desantis recover from his disability he

based upon t5e content of 5/3-l 14.4 (e'titled Bft'rn tg active dulv aff

Compilid Statutes and the tenns of 5/3-124.1 (entitledComplea Statutes. Note also that 5/3-116-(entitled E>nnnois compiled statutes allows Trustee Desantis as a disabled Patrol

duty even while receiving a disability pension.. Note also.that the mant

retirement of aNorth Riverside Police Offrcer is 63 based upon the tet

civil service Act found in 65 lllinois compiled statutes. Tlre present

55. All of that just stated goes to the point that Trustee Desantis and

(one and the same personl si-ult*eoustytrotds inc^ornpatible p"tj1j:

Villug" government, one in the Executive branch of Village govefiun€

Depaffient) and one in the Legislative branch of Village goverrurent

Truskes). See Peoplg ex rel. Anita Alvarez smre-s auorney ur t

lf f-qpp.jO 457, %8 N-E .2d 174 (lst DisL 2011) as to conflict of

Howdidwhatlconsidertobeaconflictofinterest(astoin,my attention? It was brouglrt to my attention that Try:": D:f

tll:

government; i,e., thethis request the North

(Attachment #1)ins with theNorth

lage governmentthoVillage

of North Riversideins a Patrol Officer

him bytlteentitled DisabiliwIS NOT retired fi'omentitled Pension) of 40

.8.2d 41 (lst Dist.return to active dutY

ilitv) of 40Illinoisof 40Illinois

ice) of 40to return to active

age for theof5/10-l-18 oftheof Trustee DeSantis is

Offrcer DeSantisthe North Riverside

(i.e., the Policethe Board of

and/or incompatible

Offioes.

offices) conrc tothe Village of North

Ri";;-il. r11unr. Dir."toiffreasurerto raise retroactively the salary a retired North Riverside

24Ol S. Desplnhvs Aventrc' Norrh Rb*.lrstde, IL 6A5&' 1 696' (7 08) 447 1 - P21g(7O8) M74292

\fII.LAGE (DF

afiice of the lvlayor

KennethKrochmal

Police Department Police Officer whiclr, if done, wouldhave increased retired Ofticer'sretirernent pension; note that the Officer was retired pursuant to the of5i3-111 of40

to the attention ofTrustee Desantis that she could not do what was rcquested unless the Board of Trusteesand the Village President authorized what was requested, Trustee threatened to removeher from her employment when he was elected to the Offrce of Village2013. Please T4eNpte that I am not seeking re-election to the Office

in April ofillage President.

Offrce as aTrusteeofthe Village

would still be a conflict of interest for the Executive branch of the Vi govemment consistsof more than the Police Department; e.g., the Fire Department.

I confened with an Attorney (i.e., Thomas F. McGuire of Long lliinois) as to theaforementioned action of Trustee DeSantis with the Village Finance Di reasurer. Hebrouglrt to my attentionthe possibility of a violation of the srarute (5/33-3(c) of 72A llinois Compiled Statutes) by Trustee DeSantis. At the same the Attomeyinformed me that a Police Officer on a disability pension is not retircd and remains

430 N.E.2d 4l (lst Dist. 1981). Upon further questioning of the , who informed tne asto the Official Misconduct statute, I was informed of the Quo Wan'antoexplained to me, caused this writing and request to you.

which when

Clearly, Trustee Desantis hasthe right to seek election to the Offi]ce of Village President,Presuming that he is elected to the Office and continues to be on disabilitf pensiog I anticipatethat a Quo Warranto proceeding would be in order if he decides to contiqtre to remain on

Illinois Compiled Statutcs. When the Finauce Director/Treasurer

Trustee Desantis has taken out and fiied nomination Petitions for theIf elected, he would take Offioe in May of 2013. If defeated, he willthe Village Board of Trustees until April of 2015 when his plesent termwill end. Even if eleoted as Village President while remaining a Police

of Village President.on as a Trustee of

a member of the Police Department. The Attorney brought to my attenticin the cases of Rogersv. Village of Tinlev Park, 1 16 lll.App.3 d 437 , 451N.E.2d 1324 (lst Dist. I 983) and Slaton v.The Board of Fire and Police Commissiongtr of the Village of Streamwobd. 102 lll-App.3d335,

disability pension as opposed to converting to a retirement pension pursufnt to the tenns of 5/3-1l I of 40 Illinois Compiled Statutes.

I have not confened with Trustee (and possible Village President) DeSantis about thecontent of this writing. I have not done so to avoid the claim that I am sepking a Quo WanantoComplaint for political purposes, nor shall I do so until a Quo Warranto {ction is filed either by

24O 1 S. Desplabtes Atvnue . Nor0t Rfuas ide, IL 60546- 1596 , (TAq 447'421 1 ' Fax 008) 447-4292

l-I

\driln-U-AciE loF

Ot'fice of the Mayor

you (as Cook County State's Attorney) or Lisa Madigan in her capacity ah Illinois AttomeyGeneral, or both of you declhe to do so, or both of you fail to act on my r{equest by 1/15/13.

Enclosed please find a legal opinion rcquested by me of Attorney flhomas F. McGuire ofLong Grove, Illinois. The Village Attorney has advised me that it would be an ethical conflict ofinterest for him to proceed with a Quo Wan'anto Complaint against Trustde Desantis due to theVillage Atromey being not only the Attomey for my Office, but also for t[re Village Board ofTnutees of whioh Trustee DeSantis is a member, Atiomey McGuire has in the past lepresentedthe Village on police disciplinary matters, but he is not and never has beefr the Village Attomeyfor North Riverside.

Should yott have any questions or wish additional information plcfse let me know. I askthat you make a decision on my Quo Wananto request no later than llL54l3,

Finally, please note that a Draft of this letter was prepared forme !y Attomey McGuire,Only after the Draft was explained to and understood by me did I mafte ttle decision to send thiswriting to yow Office,

Thanking you in adyance for your time in roading this writin! and awaiting yourresponse as to you Iiling a Quo Warranto Complaint in the Cook Corinty Circuit Court,refusing to do so, or failing to act on the contents of this writing by 1/f5/13,

. Iam, r

Attachments

cc: Lisa Madigan-Illinois Attorney GeneralOffice of the Illinois Attomey General100 West Randolph StreetChicago, IL 60601

24OlS.DesplalnesAuenue , North..Rluerslde, IL6O54&1596,(7OB)447-4211 . tux(7o8)447-4292

Kenneth Krochmal

\'ILLA(EE OF

Offlce of the lvlagor

December 20,20L2Kenneth Krochmql

Lisa Madi gan-Illinois Attomey GeneralOffrce of the Illinois Attorney Geueral100 West Randolph StreetChicago, Illinois 60601

Re: Requestthat lllinois Attorney General LisaMadigan initiate a Qu$ Wananto proceedingto oust from Offrce Village ofNorth Riverside Trustee Rocco De$antis

Dear Attorney General Madigan,

I write you in my capacrty as the President of the Village of No$h Riverside and in yourcapacity as the Illinois Attomey General,

I rryrite to urge you to file (pursuant to the temrs of Article XVIU 4f the Civil Practice Actas found in 735 Illinois Compiled Statutes) a Quo Warranto Complaint. The action would be tooust Village ofNorttr Riverside Board of Trustees, Trustee Rocco DeSanfis from his Office asTrustee to which he was elected in April of 2011 and which he began occirpying in May of201I. His present term of Offrce expires in April of 2015.

It has been explained to me that by the terms of the Quo W*o"t4 siatute I as the VillagePresident of theVillage of North Riverside cannot propedy file a Quo Wan'affo Complaint inthe Cook Cor.rnty Circuit Court unless you as Illinois Attorney General add the Cook CountyStale's Attomey either refuse to file a Quo Warranto Complaint, both of lou decline to do s9 orthat both of you have failed to act on m.vJ'equest tliat a Quo Wananto Colnplaint be filed withthe cook counV cifcuit court' My aforestated understanding is based rtron the words found in5/i8-103 of T35lllinois Compiled Statutes. Please Take Npte, that I am (pY sepmate mailing tothe Cook County State's Attorney) making a request to Anita Alvarez in |rer capacity as State'sAttorney of Cook Counlr, Illinois to file in the Cook County Citcuit Cou[t a Quo WanantoComplaint to oustVillage of North Riverside Trustee Rocco DeSantis n$m his_pg.sition as aTrustee ofthe Yillage. I attach to this writing a copy of my mailing to thp Cook County State'sAttorney for infornational purposes.

The basis for my seeking a Quo lfaranto Complaint be filed by fou is that TrusteeDesantis is simultaneously both a Police Officer of the North Riverside Police Departrnent qnd aTrustee of the Village Board of Trustees. As the law has been explained lto me, holding bothpositions simultane6usly creates a conflict of interest refened to as incon]rPatible positions' Such

t

24O1 S.Desp*nesAtmnuc' NortlrRiuerside, OUO*U-{U*U .(7O8)4474211 ' Fax(7OB)447-4292

ffn-ftc* [€FFr*tr3

VILE-AGE (}F

Kenneth Krochmal

is so in that being a North Riverside Patrol Ofificer, Trustee DeSantis is lart of the Executivebranch of the North Riverside Village govemment whilc simultaneously serving as a membcr ofthe legislative branch of the Village govemment; i.e., the Village Board df Trustees. Please findattached for yow consideration of this request the North Riverside Villa$e Ordinances d9alingwith my authority as the Viliage Prcsident (Attachmcnt #1) specificalty Fd I am_the ChiefExecutive of the Viilage, the Ordinanoe dealing with the North Riversidg Police Department-being part of the Executive branch of the Village goverrunent (Attachme[t #2)and the Eoard ofTrustees beingthe legislative branch of the Village govemment (Attacb4ient #3).

tltinois Compiled Statutss. Note the case ofCommissioJers oftbe Village of Stre.arnwood, 102 lll.App.3d 335, 430 I'l.E.2d 4l (lst Dist,19Sl). Sh""ld P"h.t Officer DeSantis recover from his disability he caf_return tq acliy^ejytVbased upon the oontent o t 5/3-114.4 (entitled Return to active duty affef]disabiliW):t :y^':1T"1:Compiled Statutes andthe terms of 5i3-124,1 (entitledRe:entrv lrrto,actlve serv,isg):.f1?

lt:t}:i'Compirca Statutes. Note also that 5/3-l i6 (entitled Examination and qr{ege.ncy servipp) of 40

IUinois Comoiled Statutes allows Trustee Desantis as a disabled Patrol pfficer to r€tum to active

duty even while receiving a disability pension. Note also that the rnandEtoryage 9t.tl"

Trustee Desantis is presently on a disabiiity pension fiom the Village of North RiversidePolice Pension Fund. He is not retired fromthe Police Deparfnent. He lemains a Paftol Officer

of the North Riverside Police Deparhrent while on a disability pension lwardedhhn b1 theNorth Riverside Police Pension Fund based upon the terms of 5/3-114.1 (entitled Disabilit,v

408

pension-Lineofdutv)of40IllinoisCompiledStatutes. TrusteeDeSantibISJ{Olrctbedfromthe North Riverside Police f)epartment based upon the terrns of 5/3-111 (entitled Pension) of 40

retirement of a Noah Riierside PolicsOfficer is 63 based upon the tenr{s of 5110-1-18 of the

Civil Service Act found in 65 Illinois Compiled Statutes. The present afe of Trustee DeSantis is

55. AII of that just stated goes to tbe point-that Trustee Desantis and Plnol. Office1D_9sant!|(one and the ,u** p"rron;-rimultaneoisly holds incompatible positions in the North RiversideVillage gou"rnment, one inthe Executive branch of Village governmenf (Le:'t!! PoliclDepai.nienQ and one in tbe Legislative branch of Village govemment (.t.,fu B:*.q

"jTfUSteeS). See PeOOle eK rel. Anita Alvafez State'S Attofnev oI UooK uiluulv v.-xtertrr I'rrvs.

Ill.App.3d 457,94gN,8.2d 174 (l st Dist. 201 l) as to confliot of interesf and/or incompatrble

Offrces,

How did what I consider to be a conflict of interest (as to incomlatible offices) come to

my attention? It was brought to my attention that Trustee Desantis dirdcted the Villaee of North

Riverside Finance f)irectorffleasuror to raise rctroactively the salary ofja retired Nortl Riverside

2

Z4OJ A, Desplalles Auenue . lVorfh R luerstde, IL 60546-1596 . tzOill a+z<zl1 ' Fttx FO& +17-4292

W[E-"g-AGE (oF

Police Deparhnent Police Offrcer which, if dong would have increased the retired Offltcer'sretirement pension; note that the Offrccr was retired pursuant to the term$ of 5/3-1 I I of 40Illirrois Compiled Statutes. When the Finance Directorffreasuer broughlto the attention ofTrustee Desantis that she could not do what was requested unless the Village Board of Ti'usteesand the Village President authorized whal was requested, Trustee DeSantis tlileatened to removeher flom her employment when he was eleoted to the Office of Village Plesident in April of2013. Pjease Take Noto that I am not seeking rc-election to the Office o{"Village President,Trustee DeSantis bas taken out and filed nomination Petitions for the Office of Village President.If elected, he would take Office in May of 2013. If defeated, he will remiain on as aTrustee ofXhe Village Board of Trustees until April 2015 when his present tsrm of Office as a Trustee willend. Even if elested as Village President while remaining a Police Oflicer of the Village wouldstill be a conflict of interest for the Executive branch of the Village govefnment consists of rnore

KennethKrochmal

than the ?olice Deparhnent; e.g., the Fire Deparhent.

I confened with an Attorney (i.e., Thomas F. McGuile of Long Qrove, Illinois) as to the

aforementioned action of Trustee Desantis with the Village Finance Dirdctor/Treasurer. He

explained to me, caused this wtiting and request to you.

Clearly, Trustee DeSantis has the rightto seek electionto the O$ce of Village President.v r v s r J , _ _ _ _ _ _ _ f , _ _ .

Prrsuming that he is elected to the Office and continues to be on disabilify pension, I anticipatethat a Quo Wananto proceeding would be in order if he decides to contirfue to remain on

disability pension as opposed to converting to a retirement pension putsrfant to the tetms of 5/3-111 of 40 Illinois Compiled Statutes.

I have not oonfened with Trustee (and possible Village President) DeSantis about thecontent of this witing. I have not done so to avoidthe claimthat I am sgeking a Quo WanantoComplaint for political purposes, nor shall I do so until a Quo Wananlo fction is filed either by

2401 S.DesplatnesAvenue ' NorthRluerstde, 1L60546-r596 '(70s)tt47-4211 ' rrdx(708)447-4292

brought to my attention the possibility of a violation of the Officia! Miscbnduct statute (5/33'3(c) of 720 Illinois Cornpiled Statutes) by Trustee DeSantis. At the sarne fime the Attorneyinformed me that a Police Officer on a disability pension is not permaneritly retired and remainsa member of tho Police Departrnent. The Attorney brought to my attentifn the cases of Rogersv. Villaee of Tinley Park, 1i6 I1l.App.3;d 437,451 N.E.2d 1324 (lst Distl 1983) and Slayton -v.Tbe Board of Fire and Police Comrnissioners of the Yillage of Streamwdod, i02 lll.App.3d 335,430 N.E.2d 41 (lst Dist. 1981), Upon further ryrestioning of the Attorngy, who informed me asto the Official Misconduct statute, I was informed of the Quo Wananto statute which, when

\/IT-E*AGE @F

Office of the Mayor

Kenneth Krochmol

yoq (as Illinois Attorney General) or Anita Alvarez inher capacity as Cook County State 's

Attorney, or both of you decline to do so, orboth of you fail to act on my request by 1lL5/I3.

Enclosed please find a legal opinion requested by me of Attorney Thomas F. McGuire ofLong Grove, Illinois. The Village Attorney has advised rne that it would be an ethical conflict ofinterest for him to proceed with a Quo Warranto Complaint against Tntstee DeSantis due to tlreVillage Attorney being not only the Attotney for my Offlrce, but also for the Village Board ofTrustees of whioh Trustee DeSantis is a member. Attorney MoGuire has in the past rep'esentedthe Village on police disciplinary mattels, but he is not and never has been the Village Attorneyfor North Riverside.

Should you have any questions or wish additional inforrnation please let me know. I askthat you make a desision on my Quo Wauanto request no later than 1/15/13.

Finally, please note that a Draft of this letter was prepared for me by Attorney McGuire.Only after the Draft was explained to and understood by me did I make the decision to .send thisuriting to your Office.

Thanking you in advance for your time in reading this rvriting and arvaiting yourre$ponse as to you filing a Quo Warranto Complaint in the Cook County Circuit Court,refusing to do so, or failiug to act on the contents of this writingby tl[Sll3,

Aftachments

cc: AniaAlvmez- Cook County State's AttomeyOfftce of the Cook County State's Attomey69 West Washington Shect Room 3200Chicago, Illinois 60602

24At S, DesplatutesAtnru;a , NorlhRtuerside, IL6O54&1596. . (7O8) 447-4211 . Fax(708) 447'4292