G@ PY

URT OF
ii}*t :.]*,n
.Jqi!:iJ

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

i.,,,p ig6g-5.-.:;.5s.1

as Krochmalin his official capacity the Kenneth Villageof North Riverside, of President/Mayor the CookCounty,Illinois Petitioner.
v. Anita Alvarez in her offrcial capacity as State's Attomey of Cook County,Illinois, and Lisa Madigan in her official capacity as the Attorney General of the Stateof Illinois, and Rocco DeSantisin his official capacityas a Trusteeof the Village of North Riverside,Illinois Respondents

) ) ) ) )
I

) ) ) ) ) ) ) )

ON TO A COUR
Now comesKennethKrochmal in his official capacityas the

ident(Mayor)of the uire, his Attorneyin this

F. CookCounty,Iltinois by Thomas M Village of North Riverside, and matter. for his Petitionstates: l. Thatthis Courthasiurisdictionasto this Petition

to thetermsof Article Statutes; s Compiled

Act of XVru (QuoWarranto) the Civil Practice asfoundin 735Illi specifically5ll8-102 (entitled"Parties")of saidArticleXVIII shallbe broughtin the nameof the " Theproceeding or Stateof Illinois by the AttorneyGeneral State's propercounty,eitherofhis or her own accordor at any individualrelator;or by any citizenhaving an

e of the of the instanceof

question on his or her own relation, when he or she the Attorney General and State'sAttomey to bring the Attomey General and State'sAttomey have I do so, and when, after notice to the Attorney

in the requested same,and or failedto

and State's

2.

party, of the intendedapplication, Attorney, and to the adverse by leavehasbeengranted thecircuit court'" wasthe Kenneth hereinPetitioner Thatat all timesmentioned anddomiciledin the

Illi CookCounty, of President/Mayor the Village of NorthRiverside, flinois. Village of Nbrth Riverside, 3. Anita hereinRespondent Thatat all timesmentioned

varezwasthe State's the Illinois Attorney XVIII of 735Illinois

proceedingbefore a

Attomey for Cook County, Illinois and RespondentLisa Madigan General,both of whom individually, by the terms of 5/18-102of Arti

to haverefused file, or failedto file a QuoW CompiledStatutes

citizen having an interest in the matter (i.e., the Village Presidentof

Cook Riverside, Court.

was a Patrolman

with Complaint County,Illinois) is allowedto file a QuoWarranto

4. Rocco That at all times mentionedherein Respondent

of Branch the V (i.e.,partof theExecutive of thePoliceDepartment ( to pursuant thetermsof 5/3-114.1 pension Ilinois) on a disability a and Statutes simultaneously Line of dutv") of 40 Illinois Compiled of Branchof the government theVi (i.e.,the Legislative Trustees of Trustee theVillage o Illinois) whoseterm of Officeasanelected April of 2015. 5. A 28,2012CookCountyState's Thaton December

of North Riverside, tled "Disabilitv pensionof the Boardof of North Riverside, in expires Riverside

Anita Alvarez

(see AttorneyPatrickT. Driscoll, .) responded (through CookCountyDeputyState's 20,2012letterof #1 Attachment to this writing) to the December action;a to Attorneydeclining file a QuoWarranto to the State's Attorney.LlvarczfromthePetiti 2}I2letter to CookCountyState's Village President Petitioner copyof saidDecember20, of VillagePresident

North Riverside, proceeding CookCounty,Illinois recluesting to file a Quo arranto her being (withoutattachments) this Petitionmarked attached to as 6. Thaton December 20.2012thePetitioner Villase identdid senda letterto ing) requesting to file hef

Illinois AttorneyGeneial (see Lisa Madigan Attachnient to this #3

a QuoWarranto pertaining Respondent Complaint to RoccoDeSanti beingsimultaneously an elected Trustee the government theVillage ofNorth Riverside,llinois whose term of of of
Office expiresin April 2015 and a Patrolmanof the Police Riverside,Illinois; said letter not having beenresponded by the to the date of the filing of this Petition eventhough in said letter the requesta response said writing "... no later than 1ll5ll3." to of the Village of North is Attomey Generalas of ioner Village Presidentdid

Wherefore, Petitioner the VillagePresident requests that 102(entitledooPg{ie!") Article XVIII (QuoWananto)of the Civil of Paragraph of this Petition: 3 A. thatthis Court mantleave thePetitioner to Villase

to thetermsof 5/18ice Act asquoted in

identof North Riverside, t Village of North DeSantis from his

CookCounty, Illinois to file a QuoWarranto Complaint against Res Riverside Trustee RoccoDeSantis to seeking remove Respondent

Offrceasanelected Trustee the Boardof Trustees the Villaee o North Riverside, of of Illinois dueto RoccoDeSantis beinga Patrolman theVillage of North Ri of
Illinois and as such a member of the Executive Branch of the

ide,CookCounty,
of the Village of North gislativeBranch (i.e.,the

Riverside, CookCounty,Illinois andsimultaneouslyTrustee the a of

Board of Trusteesof the governmentof the Village of North Ri

CookCounty,Illinois) III (entitled"Ouo

o'Grounds") Article pursuant thetermsof 5/18-101(1) (entitled to of

Wa:ranto")of the Civil Practice asfoundin735Illinois Compi Act pertinent part:

rn Statutes which states

bebrousht in A Grounds, proceeding quowarranto "$ 18-101. in case: ly holds or (1) Any peison usurp5;intru'deS into, or executesany offrce, or franchise,or any office in an corporation
created authorityof this State;..." by

B.

havesuchother thatthe Petitioner Village President

furtherrelief that mav be

fair and equitable.

PresidentAvlavor Attorneyfor the Illinois ofthe Village NorthRiverside, CookCountyAttomey# 21836 Thomas McGuire F. House Long GroveExecutive 4180RFD Route Suite206 83 Long Grove,Illinois 60047 Ph: 8471634-1727 Fax: 8471634-4785 Email: tfmcguire@sbcglobal.net

sL/03/zALg 15:07

l_3i26S36698

COMM JOHN DALEV

PAGE BtI82

OpnceOr Tne STATe's ATToRt'rEY

\ ANITAALVAREZ
$TATEIgATTOFNEY PATRICKT.DRISCOLLJR. DEFUTY$TATE'g ATTORN EY CHIEF. CIVILACTIONS zuREAU

cooK couNTY,lLUttOtS
CENTffi DALEY RICHAROJ.

5rF02 ILLINOTS (312) 60&5366 (312) 603-5735

Decenber 28,20L2
Honorable KennethKroshfi al President theVillage of of Norfh Riversi Illino is de, 2401S.Desplaines Avenue North Riversidc, 6054G1596 IL
In Rel

File tCo,mnlaint in OrroFalfcrfa DearPresideut Krocbmal: TIte Staters 20, Attotney's Office is in receiptof yow cone'spondenceDEcembsr 2012andthe

is undersignedresponding behalf theState's on of of Attorney Cook

'We receiptof your corre$pondence enclosrues abovedateandwe have acknowledge of and the reviewecl enclosures. Please advised this office declines file complaintin quo warranto to that be regarding allegedernploymcnt the a PolioeOffrcerof ofVillage TrusteeRoccoDeSantis viho theVillageofNorthRiverside no actionwith regardto urrder stahs. Thisoffce will be disability yourrequest tlis declirration procoed requested aud to should bc au opinionasto the not as

merits anyclaimyouhavesotforthin yourmostrecent of conespondence. Verytmly yours, Jr. PatickT. Driscoll,

DeputyState'sA

PTD.IR:dr

Chicf,Civil Actions

P\fTficfupjl

* j_

WIE-L"T,GE ()F
OIftceof the MaYor

Decenrber 20,20L2

Ken

AttorneY Anita Alvarez-Statens Office of the Cook County State'sAttomey StreetRoorn3200 69 West Washington Illinois 60602 Chicago, Re: Requestthat State'sAttomey Anita Alvarez initiate a Quo Wan from Ofiice Village ofNorth RiversideTnrsteeRoccoDeSantis Dear State'sAttomey Alvarez, I urite you in my oapacityasthe Presidentof the village of Nortl capacityas the State'sAttorney for Cook County, Illinois. and in yout proceedingto oust

to I writeto urgeyou to file fuursuant thetermsof ArtioleXVII Complainl a asfound :ff|TSslllinoiscompiledstatutes) QuoWarranto De TrusteeRocco of Board Trustees, oustVillageofNorth Riverside began in Trustee whichhewaselected April of 2011andwhichhe to in tenn His present of Officeexpires April of 2015.

Act the Civil Praotice aotionwould be to

from his Offrceas ingin Mayof 2011. I stalute astheVillage in Complaint

is Attomey General or that both of You

ith theCookCounfy of735 in 5i18-103 g to thelllinois ma that Take_Note I am(byseparate Please Statutes. Illinois Compiled as inoisAttonreyGeneral to makinga request LisaMadiganin hercapacify AttorneyGeneral) Village of Norlh to file in thecook county circuit court a Quowartantocomplairrtto to I attach this of as from DeSantis hisposition a Trustee the Rocco Trustee Riverside purposes" ional writing a copy of my mailing to the Itlinois Attorney Generalfor i be Complaint a for The'basis my seeking QuoWananto both is simultaneolrsly a Policeofficer of theNorthtr Desantis Trustee
Departmentand a Trusteeof the Village Board of Trustees. As the law *q hoHittg both positions simultaneouslyqeates a con-flictof interest

by you is that
Police beenexplainedto

Patrol positions.Such soin thatbeinga NorthRiverside is incompatib'ie

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

to as , Trustee
Fax7O& tu7-4292

ArT/drirff

*y

\/ILLAGE

OF

village of branch theNorthRiverside is Desantis partof theExecutive of theVil bmnch of as serving a member thelegislative simultaneously

i,e., the government; the your conside,ration this request North for Viltage Boardof Trustees. Pleasefind attaohed (Attachment#1) Riv#ide Village Ordinancesdealingwith my authority as the Village theordinance ins with theNorth of thail arnthe chief Executive theVillage, specifically branchof the' lage government beingpartof iheExecutive IiiversideiroliceDepartment being the legislative branoh thoVillage (Attachment#2) andthe Board of Trustees governrnent(Attachment#3)' of North Riverside pension fromtheVi on is DeSantis prcsently a disability Trustee ins a PatrolOfficer He Department. policePension retiiedf,omthePolice !'und. He is-not him bytlte pensign while Department on a disability Police of theNorthRiverside Disabiliw entitled of 5/3-114.1 upontheterms Fundbased Pension NorthRiversidePolice Desatrt IS NOT retiredfi'om Trustee gf pension-Line duty)of 40 Illinois compiledstahrtes. 1.1 uponthetermsof 5/3-1 entitled Pension)of 40 based fi; N"rth Ri"*rid. PoliceDeparunent Note the caseof SlaytonJ. The FSratd-ot-l''tt Illinois CompiledStalutes. 41 .8.2d (lst Dist. 102 of Commissiqners the Village of Strearnwood, ill'App'3d 335' 430

he fromhisdisability recover Desantis @ dulv aff of upont5econtent 5/3-l 14.4(e'titled Bft'rn tg active based (entitled and Statutes thetennsof 5/3-124.1 Compilid E> Notealsothat5/3-116-(entitled Statutes. Complea Patrol as Desantis a disabled allowsTrustee statutes compiled nnnois themant Note pension.. also.that a whilereceiving disability dutyeven uponthetet PoliceOffrceris 63based aNorthRiverside of retirement Tlre statutes. present Act civil service foundin 65lllinois compiled and Desantis just goes thepointthatTrustee to of that stated 55. All p"tj1j: personl si-ult*eoustytrotds inc^ornpatible (oneandthesame

returnto activedutY ilitv) of 40Illinois of 40Illinois

ice) of 40 to return to active agefor the

ofthe of5/10-l-18 is DeSantis of Trustee

OffrcerDeSantis

theNorthRiverside

(i.e.,the Police Villug" government,one in the Executivebranchof Village govefiun of theBoard Depaffient) and one in the Legislative branchof Village goverrurent Truskes). SeePeoplgex rel. Anita Alvarezsmre-sauorney ur t and/or incompatible lf f-qpp.jO 457, %8 N-E.2d 174(lst DisL 2011)as to conflict of

Offioes. theVillageof North that to brouglrt myattention Try:": D:f tll: It myattention? was retiredNorth Riverside a the Ri";;-il. r11unr.Dir."toiffreasurerto raiseretroactively salary
(708)447 IL 24Ol S. Desplnhvs Aventrc' NorrhRb*.lrstde, 6A5&' 1 696' M74292 1 - P21g(7O8)

Howdidwhatlconsidertobeaconflictofinterest(astoin,

offices) conrc to

\fII.LAGE

(DF
afiice of the lvlayor

KennethKrochmal

Police Department PoliceOfficer whiclr,if done,wouldhaveincreased retired Ofticer's of5i3-111 of40 pension;note that the Officer was retiredpursuantto the retirernent to the attentionof the FinauceDirector/Treasurer Illinois Compiled Statutcs. When Boardof Trustees unlessthe TrusteeDesantis that shecould not do what wasrcquested threatened remove to Trustee what President authorized wasrequested, andthe Village in April of electedto the Offrce of Village her from her employmentwhen he was illage President. to re-election the Office 2013. Please T4eNpte that I am not seeking of Village President. for Petitions the Trustee hastaken andfiied nomination Desantis out on asa Trusteeof he in elected, wouldtakeOffioe May of 2013.If defeated, will he If Village Board of Trusteesuntil April of 2015 whenhis plesentterm OffrceasaTrustee the ofthe Village while remaininga Police as will end. Evenif eleoted Village President govemmentconsists branch theVi of for theExecutive wouldstill bea conflictof interest

e.g., of morethanthePoliceDepartment; theFireDepartment. reasurer. He (5/33-3 srarute theAttomey retircdandremains pensionis not informed me that a Police Officer on a disability of the to brought my attenticin cases Rogers The of a member thePoliceDepartment. Attorney (lst Dist. I 983)andSlaton v. 1324 d v. Villageof TinlevPark,116lll.App.3 437 451N.E.2d , 102 of TheBoardof FireandPolice Commissiongtr theVillageof Streamwobd. lll-App.3d335, who informed tne as of the questioning 430N.E.2d4l (lst Dist. 1981).Uponfurther , which when to the Official Misconduct statute,I was informed of the Quo Wan'anto possibility a violation the of of brouglrt my attentionthe to At DeSantis. thesame (c) of 72Allinois Compiled Statutes) Trustee by
explained to me, causedthis writing and requestto you. I confened with an Attorney (i.e., ThomasF. McGuire of Long Di with the Village Finance DeSantis aforementioned actionof Trustee lliinois) asto the

of to election theOffi]ce VillagePresident, rightto seek Desantis hasthe Clearly, Trustee

Presumingthat he is electedto the Office and continuesto be on disabilitf pensiog I anticipate

on to to proceeding wouldbe in orderif hedecides contiqtre remain thata QuoWarranto to thetennsof 5/3pension pursufnt pension opposed converting a retirement to to disability as 1l I of 40 IllinoisCompiled Statutes. the about DeSantis (and VillagePresident) with I havenotconfened Trustee possible a content this writing. I havenot donesoto avoidtheclaimthatI amsepking QuoWananto of by nor Complaint politicalpurposes, shallI dosountil a QuoWarranto for {ctionis filedeither

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

l-

\driln-U-AciE loF
Ot'fice the Mayor of

Kenneth Krochmal

you (asCook County State's Attorney)or Lisa Madiganin her capacityahIllinois Attomey General, both of you declhe to do so, or both of you fail to act on my r{equest 1/15/13. or by please Enclosed find a legalopinionrcquested me of AttorneyflhomasF. McGuire of by Long Grove,Illinois. The Village Attorneyhasadvised that it would be an ethical conflict of me interestfor him to proceedwith a Quo Wan'antoComplaint againstTrustdeDesantis due to the Village Atromey beingnot only theAttomey for my Office, but alsofor t[re Village Board of Tnuteesof whioh Trustee DeSantis a member, Atiomey McGuirehasin the pastlepresented is the Village on police disciplinarymatters, he is not andneverhasbeefrthe Village Attomey but for North Riverside. Should yott have any questionsor wish additional information plcfse let me know. I ask that you makea decisionon my QuoWanantorequest laterthan llL54l3, no Finally, pleasenote that a Draft of this letter waspreparedforme !y Attomey McGuire, Only after the Draft was explainedto and understoodby me did I maftettle decision to sendthis writing to yow Office, Thanking you in adyancefor your time in roading this writin! and awaiting your responseas to you Iiling a Quo Warranto Complaint in the Cook Corinty Circuit Court, refusing to do so, or failing to act on the contentsof this writing by 1/f5/13, . Iam, r

Attachments cc: Lisa Madigan-Illinois Attorney General Office of the Illinois Attomey General 100 WestRandolphStreet Chicago, 60601 IL

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

\'ILLA(EE

OF
Offlceof the lvlagor

December 20,20L2

Krochmql Kenneth

Lisa Madigan-IllinoisAttomey General Offrce of the Illinois Attorney Geueral 100 West RandolphStreet Illinois 60601 Chicago,

Re:

proceeding a initiate Qu$Wananto LisaMadigan lllinoisAttorney General Requestthat De$antis Rocco Trustee Riverside to oustfrom OffrceVillageofNorth Madigan, DearAttorneyGeneral

and of as I write youin my capacrty thePresident theVillageof No$h Riverside in your General, capacity theIllinoisAttomey as Act of to to I rryrite urgeyouto file (pursuant thetemrs Article XVIU 4f theCivil Practice Complaint.Theactionwouldbe to Warranto a Statutes) Quo asfoundin 735Illinois Compiled from DeSanfis his Officeas Rocco Trustee Board Trustees, of oustVillageofNorttrRiverside in occirpying May of whichhebegan and in to Trustee whichhewaselected April of 2011 2015. in term expires April of 201I. His present of Offrce I to It hasbeen explained methatby thetermsof the QuoW*o"t4 siatute astheVillage in Complaint propedy a QuoWan'affo file cannot President theVillageof NorthRiverside of addtheCookCounty you CircuitCourtunless asIllinois AttorneyGeneral the CookCor.rnty to both Complaint, of lou decline do s9or either refuse file a QuoWarranto to Stale's Attomey be Colnplaint filed with tliat thatbothof youhavefailedto acton m.vJ'equest a QuoWananto rtron thewordsfoundin is understanding based thecook counV cifcuit court' My aforestated mailingto that Take Please Compiled Statutes. 5/i8-103of T35lllinois Npte, I am(pYsepmate as to Attorney)makinga request Anita Alvarezin |rercapacity State's the CookCountyState's Attorneyof CookCounlr,Illinois to file in theCookCountyCitcuit Cou[ta QuoWananto as n$m his_pg.sition a DeSantis Rocco Trustee to Complaint oustVillageof NorthRiverside State's to to ofthe Yillage. I attach thiswritinga copyof my mailing thpCookCounty Trustee Attorneyfor infornationalpurposes. be a for Thebasis my seeking Quolfaranto Complaint filed by fou is thatTrustee qnd Departrnent a Police of Officer theNorthRiverside both is Desantis simultaneously a Police both explained me,holding As of of Trustee theVillageBoard Trustees. thelawhasbeen lto positions' Such to refened asincon]rPatible a creates conflictof interest positionssimultane6usly t
24O1 S.Desp*nesAtmnuc' OUO*U-{U*U .(7O8)4474211 ' Fax(7OB)447-4292 NortlrRiuerside,

ffn-ftc* [FFr*tr3

VILE-AGE

(}F

Kenneth Krochmal

is DeSantis lart of theExecutive Trustee PatrolOfificer, is soin thatbeinga NorthRiverside of as serving a membcr whilcsimultaneously Village govemment branch theNorthRiverside of Please find df Trustees. i.e., of branch theVillagegovemment; theVillageBoard thelegislative d9aling Villa$eOrdinances the of for attached yow consideration thisrequest NorthRiverside Chief I am_the (Attachmcnt specificalty #1) as with my authority theViliage Prcsident Fd PoliceDepartmentwith theNorthRiversidg dealing Executive theViilage,theOrdinanoe of (Attachme[t#2)andtheEoardof of branch theVillagegoverrunent beingpartof theExecutive #3). (Attacb4ient of branch theVillagegovemment Trustees beingthelegislative fiom theVillageof North Riverside pension on is Trustee Desantis presently a disabiiity a Fund. He is not retiredfromthePoliceDeparfnent.Helemains PaftolOfficer PolicePension pension whileon a disability PoliceDeparhrent of theNorthRiverside lwardedhhnb1 the (entitled Disabilit,v of the upon terms 5/3-114.1 Fundbased Pension Police NorthRiverside TrusteeDeSantibISJ{Olrctbedfrom pension-Lineofdutv)of40IllinoisCompiledStatutes. of (entitled of Pension) 40 upontheterrns 5/3-111 based Policef)epartment theNorthRiverside
tltinois CompiledStatutss. Note the caseof

4l 335,430I'l.E.2d (lst Dist, 102 oftbe CommissioJers Villageof Stre.arnwood, lll.App.3d tq fromhisdisabilityhecaf_return acliy^ejytV recover 19Sl). Sh""ld P"h.t OfficerDeSantis (entitled to Return activedutyaffef]disabiliW):t o upontheoontent t 5/3-114.4 based :y^':1T"1: Examination Statutes. Notealsothat5/3-l i6 (entitled Compirca Patrolpfficer to rtumto active as Desantis a disabled allowsTrustee Statutes IUinoisComoiled NotealsothatthernandEtoryage a while receiving disabilitypension. duty even 9t.tl" of of uponthetenr{s 5110-1-18 the is PolicsOfficer 63based of retirement a NoahRiierside is DeSantis afe The Statutes. present of Trustee Act Civil Service foundin 65 Illinois Compiled and Desantis Plnol.Office1D_9sant!| Trustee goes tbepoint-that to 55. AII of thatjust stated in positions theNorthRiverside holdsincompatible (oneandthe,u** p"rron;-rimultaneoisly (Le:'t!! Policl of branch Villagegovernmenf gou"rnment, inthe Executive one Village of branch Villagegovemment (.t.,fu B:*.q and Depai.nienQ onein tbeLegislative "j eK PeOOle rel. Anita Alvafez State'SAttofnev oI UooK uiluulv v.-xtertrrI'rrvs. 408 TfUSteeS).See and/or incompatrble of l) 174 Ill.App.3d457,94gN,8.2d (l stDist.201 asto confliot interesf Offrces, (as to Howdid whatI consider bea conflictof interest to incomlatibleoffices)cometo the dirdcted Villaeeof North Desantis that to my attention Trustee It my attention? wasbrought Nortl Riverside ofja the rctroactively salary retired to raise f)irectorffleasuror Finance Riverside 2
IL Z4OJA, Desplalles Auenue . lVorfh R luerstde, 60546-1596 . tzOill a+z<zl1 ' FttxFO& +17-4292

serv,isg):.f1? (entitledRe:entrv terms 5i3-124,1 of lrrto,actlve andthe Statutes Compiled lt:t}:i' qr{ege.ncy of servipp) 40 and

W[E-"g-AGE (oF

KennethKrochmal

the Police Offrcerwhich, if dong would haveincreased retired Offltcer's Police Deparhnent retirement pension;note that the Offrccr was retired pursuantto the term$ of 5/3-1I I of 40 Illirrois CompiledStatutes.WhentheFinanceDirectorffreasuerbroughlto the attentionof the unless Village Board of Ti'ustees TrusteeDesantisthat shecouldnot do whatwasrequested TrusteeDeSantistlileatenedto remove and the Village Presidentauthorizedwhal was requested, her flom her employmentwhen he was eleotedto the Office of Village Plesident in April of rc-election the Office o{"VillagePresident, to TakeNoto that I am not seeking 2013. Pjease TrusteeDeSantisbastakenout and filed nominationPetitionsfor the Office of Village President. on he If elected,he would take Office in May of 2013. If defeated, will remiain as aTrusteeof Xhe Village Board of Trusteesuntil April 2015 when his presenttsrm of Office as a Trusteewill end. Even if elestedasVillage Presidentwhile remaininga Police Oflicer of the Village would still be a conflict of interestfor the Executive branchof the Village govefnment consistsof rnore than the ?olice Deparhnent;e.g.,the Fire Deparhent. I confened with an Attorney (i.e., ThomasF. McGuile of Long Qrove, Illinois) as to the aforementionedaction of TrusteeDesantis with the Village FinanceDirdctor/Treasurer. He

(5/33'3 statute of the broughtto my attention possibility a violationof theOfficia!Miscbnduct the Attorney DeSantis. thesarne At (c) of 720 Illinois Cornpiled by Trustee Statutes) fime retiredandremains is me informed thata PoliceOfficeron a disabilitypension not permaneritly of to brought my attentifnthecases Rogers The of a member thoPoliceDepartrnent. Attorney and (lst 437,451 N.E.2d1324 Distl 1983) Slayton -v. v. Villaeeof TinleyPark,1i6 I1l.App.3;d i02 335, of theYillage Streamwdod, lll.App.3d of Comrnissioners TbeBoardof FireandPolice whoinformed as me of 430N.E.2d41(lst Dist.1981), Uponfurther ryrestioning theAttorngy, statute which,when theQuoWananto of I statute, wasinformed to theOfficial Misconduct to this to explained me,caused wtiting andrequest you. I to to Prrsumingthatheis elected theOfficeandcontinues beon disabilifypension, anticipate
to that a Quo Wananto proceedingwould be in order if he decides contirfueto remain on
_. __ __ _ __f , has Clearly,TrusteeDeSantis the rightto seekelectiontothe O$ce_ of Village President. vrvsrJ,

putsrfant thetetmsof 5/3to pension to as to disabilitypension opposed converting a retirement Statutes. 111of 40 IllinoisCompiled the about DeSantis President) (and Village with I havenotoonfened Trustee possible Wananto a I claimthat amsgeking Quo so not content thiswiting. I have done to avoidthe of nor Complaint politicalpurposes, shallI do sountil a QuoWananlofction is filed eitherby for
2401 S.DesplatnesAvenue ' NorthRluerstde,1L60546-r596 '(70s)tt47-4211 ' rrdx(708)447-4292

\/IT-E*AGE

@F
Officeof the Mayor

Kenneth Krochmol 's yoq (asIllinois Attorney General) Anita Alvarez inher capacity Cook County State or as Attorney,or both of you declineto do so, orboth of you fail to act on my requestby 1lL5/I3. pleasefind a legalopinionrequested me of AttorneyThomasF. McGuire of Enclosed by Long Grove,Illinois. The Village Attorneyhasadvised that it would be an ethical conflict of rne interestfor him to proceedwith a Quo WarrantoComplaint againstTntsteeDeSantisdue to tlre Village Attorney being not only the Attotney for my Offlrce,but also for the Village Board of Trusteesof whioh TrusteeDeSantisis a member. Attorney MoGuire hasin the past rep'esented the Village on police disciplinarymattels,but he is not andneverhasbeenthe Village Attorney for North Riverside. Should you have any questionsor wish additional inforrnation pleaselet me know. I ask no that you makea desisionon my Quo Wauantorequest laterthan 1/15/13. Finally, pleasenote that a Draft of this letter was preparedfor me by Attorney McGuire. this Only after the Draft was explainedto and understoodby me did I makethe decision to .send uriting to your Office. Thanking you in advance your time in reading this rvriting and arvaiting your for re$ponse to you filing a Quo Warranto Complaint in the Cook County Circuit Court, as refusing to do so, or failiug to act on the contentsof this writingby tl[Sll3,

Aftachments cc: Attomey State's AniaAlvmez- CookCounty Attomey State's Offtceof theCookCounty Room 3200 Shect Washington 69 West Chicago, Illinois60602

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