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Cunningham’s D135 Election Petitions Challenged

The Orland School District 135 incumbent’s petitions to run for re-election were objected by another candidate, due to him also running for Moraine Valley’s board. The hearing will take place Tuesday.

 

Michael Carroll, an Orland Park attorney seeking one of the four open seats on Orland School District 135’s board in April, has filed a challenge to D135 board member Tom Cunningham’s petitions to run for re-election.

Carroll claims in his Jan. 4 filing that with Cunningham also filing to run for Moraine Valley Community College’s Board of Trustees, his petition to run for D135 again is invalid because the two boards are incompatible.

Carroll cites in his objection sections of the Illinois Election Code that state a candidate must withdraw from “all but one of such offices” if  “2 or more offices which are incompatible so that the same person could not serve in more than one…” 

He also cites a portion of the Public Community College Act that refers to what is required of a member of a “common school board” who is elected to a community college board.

In the event a person who is a member of a common school board is elected or appointed to a board of trustees of a community college district, that person shall be permitted to serve the remainder of his or her term of office as a member of the common school board. Upon the expiration of the common school board term, that person shall not be eligible for election or appointment to a common school board during the term of office with the community college district board of trustees. 

Carroll said since the Public Community College Act makes states just one situation when serving on both a common school board and a community college board is allowed ­– when a person is elected or appointed while in the middle of a term on a common school board ­– any other situations where a person would serve on both are not allowed. In other words, Carroll said the code doesn’t allow for a person to start new terms at both a community college and a common school district at the same time.

“In my reading of the election code and law books, the two offices are incompatible,” Carroll said. “I’m not an election lawyer, but as a lawyer, my reading of the statutes says if you file for more than one race, and the offices are incompatible, you must withdraw. If a person files to run in several different elections, their loyalty may be divided. The focus should be on one race.”

Cunningham said he will continue to run for both boards leading up to the objection hearing 6 p.m. Tuesday at the D135 administration building, and said that decisions in elections should be left to the voters.

“One board has nothing to do with the other,” Cunningham said. “This is nothing more than a political move. I graduated from Moraine, and I love education. That’s what this is all about. I ran eight years ago for District 135 because I wanted to make sure it was running well, and now I’d like to do the same with Moraine.”

D135 board president John Carmody, as well as board secretary Tina Zekich and board member Lynne Donegan, will serve as the electoral board for the district, and preside over Tuesday’s hearing.

Carroll’s objection is the only one filed in the D135 race. No objections have been filed in races for Orland Park Village Board, Orland Park Library Board and the Orland Fire Protection District Board of Trustees, as well as boards of education for Community Consolidated School District 146 and Consolidated High School District 230.

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Related Topics: Michael Carroll, Orland School District 135, Tom Cunningham, and elections 2013

P.Y.T.

6:58 pm on Thursday, January 10, 2013

L-O-V-E IT! Thank you, Mike Carroll!!

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K

6:58 pm on Thursday, January 10, 2013

How can the board make the decision on this? He has built relationships with these people. I smell somthing fishy!

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Ben Feldheim

6:59 pm on Thursday, January 10, 2013

That's dictated by Illinois law. Same would be for other government bodies, so for example the mayor would be part of an objection for village board and so on.

Nick Simone

7:24 pm on Thursday, January 10, 2013

Ben, any truth to the fact that Patch has until the Fall to show good solid numbers? On Fox News there was a report that only 100 out of the 900 sites even make money? I don't know how long AOL wants to sit and wait. My one buddy used to be a freelancer for Patch up north and she says that freelancers budgets are almost gone. Are we going to see more rate this restaurant or property sales in place of traditional news? Doesn't seem like anything is really clicking

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Ben Feldheim

7:32 pm on Thursday, January 10, 2013

Nick, anyone who started his or her own business will tell you it takes a little bit of time to become profitable. I saw the Fox News report that was posted. Have some patience. My suggestion would be to sit back, relax and watch what happens. You are certainly welcome to make your judgment, as you clearly already have about Patch.

Though isn't it a little ironic that you're commenting about features in place of news, on a news article?

Thanks for weighing in. Now let's stay on topic, shall we?

ljg

10:11 pm on Thursday, January 10, 2013

" I ran eight years ago for District 135 because I wanted to make sure it was running well, and now I’d like to do the same with Moraine.”............So you are going to let the business manager of Moraine use you as a tool. Please don't do the taxpayers any more favors.

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Soccer mom

8:13 am on Friday, January 11, 2013

As far as I know Mike Carroll is a liberal democrat that will spend spend and spend. Here go our property taxes!!! He's nothing more than a McLaughlin puppet.

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J Kennedy

3:34 pm on Friday, January 11, 2013

Hey Soccer mom, "... is a liberal democrat that will spend spend and spend". You must be referring to the Fab 4 with that statement. Carmody, Zekich, Cunningham and Gentile and their bad decision making has cost us tax payers thousands, they have personal vendettas which have caused unecessary litigation, and their unethical behavior is frankly an embarassment to Orland as a whole. You must be one of the "4" people in Orland who actually thinks they do a good job!

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Off the top of my Head

3:34 pm on Friday, January 11, 2013

"As far as you know"? How well do you know Mike Carroll? How much do you know about the position he is running for? You do realize, this isn't a position on the village board? It is the 135 school board. And liberal or conservative, the school board members only approve or disapprove of a budget recommended to them by the Superintendent of the school district. Maybe you have differences with him over a sports related thing, maybe because he might have had a sign in his yard last election? He deserves a chance to prove himself.

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P.Y.T.

4:39 pm on Saturday, January 12, 2013

I have heard good things about him, and the question did come up about the mayor, and the answer was, "not that this person knew". Described Mike as a truly concerned with all of the garbage going on. Good for him. And if they let cunningham run, he won't win.

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Kathy Wallace

11:02 pm on Saturday, February 2, 2013

Soccer Mom....I'd like to know what you think about the current board members who have cost taxpayers hundreds of thousands of dollars in crazy lawsuits and raising our taxes when they don't have to. Your spend, spend and spend should be spent, spent and spent --- your taxes have already gone up thanks to some who are on that board now.

JSuzeH

10:39 am on Friday, January 11, 2013

What makes you think this, soccer mom? Your statements about this man are serious claims. He's been very involved in volunteering here in Orland. Other than that, how do arrive at your allegations?

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Kate

10:39 am on Friday, January 11, 2013

Thank you Mike Carroll! We need new blood on the school board and need to get rid of Cunningham and Gentile! While Tommy-boy's cohorts (Carmody and Zekich) won't do anything about his conflict of interest, it is great that someone isn't afraid to challenge him! Thanks, Mike!

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Kathie

1:18 pm on Friday, January 11, 2013

Tom C says, "I love education." WoW, powerful words coming from a person who spent and continues to spend our tax money on attorney's fees for unnecessary lawsuits caused by him and his allies. Why would he want another school board position, much less another term, when he doesn't read his Board packet to make informed decisions and then block votes with Carmody, Gentile and Zeikich, or however the top administrators TELL him to vote? These four (previously mentioned) do NOT have the students' interest as a priority, they thrive on bullying and have nothing "going on"... they NEED this position to feel powerful or respected -- at the expense of taxpayers and the students. Now, I don't care if you get along with each other, but when my tax money is funding your fights-- i draw the line. The wasted tax $$ these three people allowed to be wasted in the past year 4 years is INCREDIBLE!

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Kathie

1:18 pm on Friday, January 11, 2013

Here are some of the unnecessary big ticket items: these four approved our tax $$ to be spent on three different superintendents; two in house at a time, receiving supt. salary. (still happening at this very moment!) One supt, they have been playing musical chairs with to "hide" him. (At one point, he was receiving his Superintendent's salary as an ASSISTANT principal!) Then moved, the district had two Curriculum Directors and an Assistant Curriculum Director- all paid administrative salaries and benefits AT THE SAME TIME, there were TWO Student Services Directors at the same time, one was receiving pay as an Assistant Supertandent! Then the infamous debacle with hiring/firing a district ofc employee based on retaliation and personal differences, initiated by Gentile-- is it settled now? We still do not know. Even with a "gagged" settlement, it cost ALOT of our tax $$ in attorneys fees! Then to continue the spree, the board hired the former superintendent to help with the superintendent search (because he is respected and would draw good candidates) That money was blown, because oddly, with good candidates, the search turned up unsuccessful! So they did another search & from that they finally hired a Supt. Mind you, this was not without stoking up more legal bills.

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Kathy Wallace

11:01 pm on Saturday, February 2, 2013

I had forgotten about all of the acting, temporary, hidden, almost hired, interim and we don't like you superintendent candidates. Thank you for reminding us Kathie.

Kathie

1:18 pm on Friday, January 11, 2013

I have to ask, is it not true that there is ANOTHER lawsuit on the horizon with this last search? The only thing I can think of that would be lawsuit worthy-- would be if the board did not act professionally during the process, if they did not treat all candidates equally or if a board member covertly shared confidential (a resume) information with SOMEBODY outside the Board, to gather information. This could cause a problem if the candidate being interviewed (& checked up on) did not let her present district know she was applying for another position (which, like any other profession is not mandatory) and was found out and let go as a result of it.
"I love education?" I think it is more like "I love to spend other people's tax money to keep myself entertained" or "I love education because I personally do not have to pay any of these wasted $$ back!" There should be a policy where board members are held accountable to pay back money that is "wasted irresponsibly thru unreasonable actions of the Board." This type of behavior has been the entertainment and games of Cunningham, Gentile, Carmody and Ziekich... At the expense of our tax dollars!

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K

1:18 pm on Friday, January 11, 2013

Anyone that says Mike Carroll is a puppet clearly has never met him. I have never met a more honorable man. He is doing this for all the RIGHT reasons and not one of them is an agenda for himself.

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Jennilin

1:18 pm on Friday, January 11, 2013

Cunningham's quote, "This is nothing more than a political move." is evidence that he is either completely ignorant of the rules or thinks he is above them. Either way I don't want him making decisions for my family.
If you care to educate yourselves please check the 2013 Candidates Guide, Illinois Association of School Boards website and the Attorney Generals website like I did. You will find that this objection is an appropriate one and I would hope that the electoral board(Carmody, Attorney at Law Zekich and Donegan) will play this by the book.
"The Illinois Attorney General’s office has compiled a comprehensive list of incompatible offices. Some offices found by Attorney General opinions to be incompatible with the office of school board member are:
Board of Review member, City Council member, City Manager, Community College District Trustee, County Board Member, County Engineer, County Zoning Administrator, County Zoning Board of Appeals Member, Educational Labor Relations Board Member, Fire Protection District Trustee, Park District Board
Member, Township Assessor, and Township School Trustee." (from iasb.com)

When a candidate files for incompatible offices, he must withdraw from all but one office within five business days following the last day of petition filing. If he does not withdraw from all but one incompatible office, his name will not be certified for any office.[10 ILCS 5/7-12](from 2013 Candidates Guide)

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Off the top of my Head

3:34 pm on Friday, January 11, 2013

Good information, I hope it is shared with those on the "hearing" committee. thank you, Jennilin.

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Mary Kate

12:46 am on Saturday, January 12, 2013

So if Cunningham doesn't pull out of one of the races, is he knocked off both ballots? I hope the review board knows what they're doing. They need to follow the law.

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Kathy Wallace

11:01 pm on Saturday, February 2, 2013

Has someone looked into this? If Cunningham doesn't withdraw from either, does that mean he's not certified for Orland or Moraine? I think the whole thing was sneaky. Why do you need to be on two boards at one time? Which gets top billing?

Off the top of my Head

3:34 pm on Friday, January 11, 2013

Tom Cunningham should know better! He is a poor board member for 135, much less to spread his lack of interest in education to another board.

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GIgi

4:44 pm on Friday, January 11, 2013

I just hope after the April election we have people on the board that care about all of 135's students and have some idea of what this district needs to do to move forward with the education of our children in the 21st century!

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Kathie

7:50 am on Saturday, March 2, 2013

Yes, our educational quality and performance, is spiraling downward. Our students' needs are becoming more diverse, we do not teach problem solving or allow creativity, we keep raising the bar- instead of motivating kids to learn and even behavioral "obedience" isn't causing our students to break any records! With all of this at hand, it really IS disappointing, when board meetings are filled with everything BUT what is best for the students! I hope too, for the sake of the kids, the election brings a shining light for them!

Mary Kate

12:46 am on Saturday, January 12, 2013

Wake up Orland Park! When I saw the story about Mr. Carroll running, I thought it's about time! Finally someone who will stop the spending.

This board got involved in hiring and demoting and cost taxpayers thousands of dollars. They raised the levy to the highest amount possible even though they have money in the bank and then they blamed the teachers!

Most of our taxes go to the schools and we need people like Mr. Carroll to bring common sense to this board. I'm glad he challenged Cunningham for the Moraine board and 135. It's against the law and should not be allowed.

Mr. Carroll you have my vote and I'm telling all of my family and friends to support you too. Get in there and clean house and spend our money wisely.

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P.Y.T.

4:39 pm on Saturday, January 12, 2013

He has MY vote. The rest of D135 I am not sure about. As for D230... I am 100% NOT voting for Carol Baker <--NEVER EVER. (EVER)

D230 voting for Sue Dalton, Kathleen Murphy-Peterson, Melissa Gracias, Tony Serratore.

As for that Twietmeyer (NOT voting for him, either) guy running, my understanding is that he is Carol Baker's employee. Ummmm, vote MY way or the highway? Who'd vote against their own boss???

Fire District, finish cleaning house. Same for the library board.

Jennilin

4:39 pm on Saturday, January 12, 2013

The hearing Tuesday @ 6p at the administration building is open to the public.

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Mike Collier

4:56 pm on Saturday, March 16, 2013

The 135 board talked about back ground checks they should look into Ann Gentile and her husband. I found this on the Illinois commerce commission web site

Copy and Paste the web site interesting reading (public documents)

site.http://www.icc.illinois.gov/docket/files.aspx?no=10-0379&docId=168549

Download Exhibit 2.0 – Dr. Qin Liu March 2011 Testimony

In total, IQT obtained $1,426,877 in federal low income support between January 1350 and November of 2010. Of this amount, it is properly eligible for only $1,271, 1351 which it received as facilities-based LEC. It is ineligible for $1,425,606, which it 1352 received as a reseller or for customers that it served through resale. Put 1353 differently, it is eligible for only 0.09%, but ineligible for 99.91%, of the 1354 $1,426,877 federal low income support amount requested and obtained during 1355 between January and November of 2010. 1356

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Mike Collier

4:56 pm on Saturday, March 16, 2013

http://www.icc.illinois.gov/docket/files.aspx?no=10-0379&docId=168549

Download Exhibit 2.0 – Dr. Qin Liu June 29th 2011 Testimony

IQT has not managed both its Lifeline and Linkup Programs properly. It 2125 has made genuine efforts to get customers on the Lifeline program but has 2126 refused to make efforts to keep them on the program. In doing so, it has 2127 drained $1.2 million in federal Linkup support funds without much of the 2128 intended benefits to the customers, and has deprived 96% of the customers 2129 them of their eligibility for further Linkup support.

They talk about fraud and how Mr. Gentile took $2 Million from customers.

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Mike Collier

4:56 pm on Saturday, March 16, 2013

Cunningham’s D135 Election Petitions Challenged - Orland ...

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Mike Collier

4:56 pm on Saturday, March 16, 2013

The 135 board talked about back ground checks, I found this out about the Gentile’s. Her husband owned a company the took over $2 Million dollars from Illinois tax taxpayers. Click the website below.

http://www.icc.illinois.gov/docket/files.aspx?no=10-0379&docId=168549

Download Exhibit 2.0 – Dr. Qin Liu June 29th 2011 Testimony

IQT has not managed both its Lifeline and Linkup Programs properly. It has made genuine efforts to get customers on the Lifeline program but has refused to make efforts to keep them on the program. In doing so, it has drained $1.2 million in federal Linkup support funds without much of the intended benefits to the customers, and has deprived 96% of the customers them of their eligibility for further Linkup support.

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