Alorton mayor resigns and is reappointed within 3 minutes

Belleville News-Democrat (Illinois)

BYLINE: CAROLYN P. SMITH; News Democrat

DATELINE: ALORTON

7/12/2012

 

Mayor Tremylla Johnson resigned shortly after the start of Monday’s Village Board meeting and was reseated as mayor of Alorton within three minutes.

The move apparently was designed to resolve St. Clair County State’s Attorney Brendan Kelly’s assertion that Johnson was holding the office without authority due to violations of the state Open Meetings Act.

JoAnn Reed, village clerk, read Johnson’s resignation letter aloud. Johnson vacated the seat at 7:15 p.m. and was reseated at 7:18 p.m., after she was given the oath of office by Village Attorney Mark Peebles.

The letter said, “I hereby resign my position as mayor and board president of the Village of Alorton in order to ease the tension and rectify situations and misunderstandings that have arisen as a result of my previous election to this position in February 2012.”

It continued, “Upon my resignation, a vacancy will be created in the office of mayor. I will again seek the support of my fellow Board of Trustee members to elect me to fill out the term of office as mayor of the village of Alorton. I appreciate the support that has been given to me. I ask for everyone’s cooperation in the months ahead. I seek to unify the citizens and officials in our community.”

After Reed read the letter, Johnson picked up her purse, got up from the mayor’s chair and stood against the wall until she got the majority vote from the board that put her back in the mayor’s seat. The vote was 4-2 in favor of returning Johnson to the mayor’s job.

Trustees Wayne Story, Perry Young, Dorothy Crockett and Johnson, who voted as a trustee, voted for Johnson to be reseated as mayor. Trustee Leo Stewart Jr. and Trustee Kenneth Chatman voted in opposition. With the majority of the board on her side, Johnson returned as acting mayor. She also retained her seat as a trustee on the board.

Peebles said state statute allows Johnson to hold both positions.

After the meeting, Stewart told a reporter that he voted in opposition becausem a secret meeting was held, prior to the February Village Board meeting, and at that secret meeting Johnson was chosen as the mayor. He said neither he nor Chatman knew anything about the secret meeting, which was held at Johnson’s house, until after it had been held. Then, at the February board meeting, she was voted in as mayor by the people who attended the secret meeting, and Johnson voted for herself, according to Stewart.

Stewart said Johnson “said several times tonight that she had not broken any laws. Then, why did she resign and ask the board to reappoint her? I voted no, because I don’t think it’s right.”

St. Clair County State’s Attorney Brendan Kelly’s office had filed a legal action against Johnson alleging that she was holding the office without authority because her appointment is allegedly tainted by violations of the Opens Meetings Act. The case against Johnson was waiting to be heard in court.

Kelly, reached after the meeting Monday, said, “Her resignation has probably deprived the court of the one remedy that would have been available to it in this case. Therefore, the civil action may be moot.”

But Kelly added, “However, the misdemeanor charges against the Alorton elected officials are still pending.”

Johnson and the officials who attended the alleged illegal meeting were charged by Kelly’s office with violating the Open Meetings Act. Johnson, Crockett and Young allegedly attended the meeting, along with former Mayor Randy McCallum, who resigned in February amid a federal investigation into village corruption.

Chatman, the other trustee who voted against Johnson becoming McCallum’s replacement as mayor, said he voted no because “it’s just not right.”

He added, “I am not against her. I like her. I think she is doing a good job. But, I don’t think the initial appointment was right. The Open Meetings Act was violated.”

Resident Emma Montgomery questioned Johnson about why she had not appointed anyone to her trustee seat. Johnson said, “I have not appointed anyone to fill my (trustee) vacancy because I had legal problems with the state’s attorney. What they’re saying is I might have to go back to being a trustee. Some people complained, saying I did something wrong. That’s why the seat is open.”

Montgomery told a reporter that she doesn’t feel Johnson should be the mayor because “the appointment was not done legal and proper.”

“The Open Meetings Act was violated,” she said. Montgomery also feels Johnson should have to give up her trustee seat if she’s serving as mayor.

Peebles, when asked by Johnson whether she had done anything wrong when she was appointed the first time, told her she had not.

Peebles told a reporter afterward that he was not aware of any illegal meeting.

“There is no place for secret meetings,” Peebles said. “If a quorum is present and village business is discussed and decisions made, there has to be proper notification made and a public meeting that allows residents to participate.”

Peebles said the appointment made at the February meeting probably should have been made at the following meeting, so that proper notification, so that the village could give proper, 48-hour advance notice. Peebles said the proper time and notice were given prior to Tuesday’s village meeting and the appointment as acting mayor was legal.

He said, however, that the statute provides for succession when there is a vacancy that occurs at a meeting. “The February meeting was legal,” Peebles said.

 

PUBLICATION-TYPE: Newspaper

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