A Waukegan City Council move to strip City Clerk Janet Kilkelly of her duties not mandated under Illinois law, in the wake of her indictment for official misconduct, was narrowly defeated Monday night.
The council voted 5-4 at City Hall to keep Kilkelly’s duties as they are — both under state law and designated by the city code — though only Ald. Keith Turner, 6th Ward, explained his vote, which broke a 4-4 tie.
Turner said Kilkelly has “served the people of Waukegan diligently in various capacities for over 40 years.” Reducing her responsibilities and reassigning her staff when few of the facts are known violates her rights under the U.S. Constitution, he said.
“It is imperative to remember everyone has a constitutionally protected right to due process under the law, and is presumed innocent until found otherwise in a court of law,” Turner said. “I remain committed to working with Clerk Kilkelly and the staff of the clerk’s office to ensure the work of the people continues uninterrupted.”
After Kilkelly was indicted by a Lake County grand jury Wednesday on 15 counts of official misconduct and misappropriation of funds, Mayor Ann Taylor issued a statement that stopped short of asking her to resign, but suggested she “put the interests of Waukeganites first.”
When the agenda for Monday’s meeting was posted on the city’s website Friday, the proposed ordinance suspending all of the clerk’s duties not mandated under state law was included.
All of the discussion of the proposed legislation took place in a 50-minute closed session. None of the allegations in the indictment, nor the council members’ arguments were disclosed to the public.
Kilkelly issued credits to five holders of liquor licenses, gaming licenses or both in May and June of 2021, according to the indictment. At the time credits were issued, the licenses were not in good standing, it said.
Turner said in his closing remarks at the meeting, that the credits were approved by the City Council in December, 2020 to “businesses struggling with the pandemic” trying “to comply with the efforts to mitigate the spread of COVID-19.”
When Taylor and the council members emerged from the closed session, she asked for a vote. With four voting yes and four more saying no, Turner was the last to vote. He made an effort to explain his vote.
Taylor interrupted Turner with a “point of order,” and then Kelley Gandurski, an attorney with corporation counsel Elrod Friedman, interrupted him.
“The mayor has asked me to call you out of order,” Gandurski said. “It’s a yes or no vote. The time for discussion has passed.”
Casting his no vote, Kilkelly said, “Motion fails,” to the applause of some in the crowd of 100 in attendance.
Only Ald. Lynn Florian, 8th Ward, was willing to discuss her vote after the meeting. Taylor declined to comment because the discussion took place in closed session.
Florian, who voted yes, said she voted for the resolution because making the non-state-mandated duties of the city clerk part of the responsibilities of the mayor’s office will make a smoother situation for city employees.
“Yard waste stickers are sold in the clerk’s office,” Florian said. “She refused to sell yard waste stickers. This is confusing for city employees. This did not take away any statutory duties.”
Ald. Edith Newsome, 5th Ward, who voted no, said “no comment” after the meeting. Her more than 20-year tenure on the council is about the same as the cumulative time the other eight members have served.
Joining Turner and Newsome in voting against the proposal were Ald. Michael Donnenwirth, 7th Ward, Ald. Sylvia Sims Bolton, 1st Ward, and Ald. Juan Martinez, 3rd Ward.
Voting yes with Florian were Ald. Thomas Hayes, 9th Ward, Ald. Jose Guzman, 2nd Ward and Ald. Victor Felix, 4th Ward.
