City Council

400 S. Eagle Street City of Naperville Naperville, IL 60540 Meeting Minutes City Council Monday, December 12, 2022 9:00 AM Council Chambers Municipal Officers Electoral Board Please take notice that: Steve Chirico, Mayor; Paul Hinterlong, City Councilman; and Pamela Gallahue, Ph.D., City Clerk, constituting the Municipal Officers Electoral Board for the hearing and passing upon an objection to a Candidate’s Petition, will hold a hearing of the Municipal Officers Electoral Board, to pass upon objections to the Nomination Petitions of: Nag Jaiswal for the office of City Council (22-01); Derek McDaniel for the office of City Council (22-02); and Tiffany Stephens for the office of Mayor (22-03), to be voted upon at the Consolidated Election to be held on April 4, 2023. The Municipal Officers Electoral Board shall meet on December 12, 2022, at 9:00 a.m. at the City Council Chambers, Naperville Municipal Center, 400 S. Eagle Street, Naperville, IL 60540. A. CALL TO ORDER: Chirico called the meeting to order at 9:04 a.m. B. ROLL CALL: Present: Mayor Steve Chirico Councilman Paul Hinterlong Clerk Pam Gallahue Also Present City Attorney, Mike DiSanto; Deputy Clerk Nancy Bright C. PLEDGE TO THE FLAG: D. INTRODUCTORY REMARKS BY BOARD CHAIRMAN: Chirico outlined the format of the meeting and had the Electoral Board and City Attorney introduce themselves. E. CONSIDERATION AND ADOPTION OF BOARD RULES OF PROCEDURE: Adopt Electoral Board Rules City of Naperville Page 1 Printed on 8/31/2023 City Council Meeting Minutes December 12, 2022 A motion was made by Councilman Hinterlong, seconded by Clerk Gallahue to adopt the Naperville Electoral Board Rules, as proposed. The motion carried by the following vote: Aye: 3 - Chirico, Gallahue, Hinterlong A motion was made by Clerk Gallahue, seconded by Councilman Hinterlong to turn the proceedings over to Mr. DiSanto. The motion carried by the following vote: Aye: 3 - Chirico, Gallahue, Hinterlong F. CASE NO. 22-01, ZEGA V. JAISWAL: Case No. 22-01, Zega v. Jaiswal: conduct a hearing and issue a decision on Zega’s objection to Jaiswal’s nomination filing for office of City Council A motion was made by Councilman Hinterlong, seconded by Clerk Gallahue to open the hearing for Case No. 22-01, Zega v. Jaiswal at 9:11. The motion was carried by a voice vote. DiSanto discussed the Objector’s filing and subsequent request to withdraw the objection. A motion was made by Clerk Gallahue, seconded by Councilman Hinterlong to grant the Objector’s motion to withdraw the objection and dismiss the case. The motion carried by the following vote: Aye: 3 - Chirico, Gallahue, Hinterlong A motion was made by Councilman Hinterlong, seconded by Clerk Gallahue to approve and adopt the written decision granting the objector’s motion to withdraw and dismissing the case. The motion carried by the following vote: Aye: 3 - Chirico, Gallahue, Hinterlong A motion was made by Councilman Hinterlong, seconded by Clerk Gallahue to close the hearing on Case No. 22-01, Zega v. Jaiswal at 9:13 a.m. The motion was carried by a voice vote. G. CASE NO. 22-02, AHMADPOUR V. MCDANIEL: Case No. 22-02, Ahmadpour v. McDaniel: conduct a hearing and issue a decision on Ahmadpour’s objection to McDaniel’s nomination filing for office of City Council A motion was made by Clerk Gallahue, seconded by Councilman Hinterlong to open the hearing on the objection, Case No. 22-02, Ahmadpour v. McDaniel at 9:20 a.m. The motion was carried by a voice vote. City of Naperville Page 2 Printed on 8/31/2023 City Council Meeting Minutes December 12, 2022 The Objector’s attorney, Ross Secler and Candidate’s attorney Kari-Lyn Krafthefer presented their cases and cited case law. The Board deliberated and discussed the number of signature pages, the Electoral Code provisions, case law, and the role of a councilmember in the Council/Manager form of government. A motion was made by Councilman Hinterlong, seconded by Clerk Gallahue to rule on the objection based on the original candidate submission filed on November 21, 2022 to overrule the objection. The motion carried by the following vote: Aye: 2 - Chirico, Hinterlong Nay: 1- Gallahue Meeting went into Recess at 10:06 a.m. Meeting Reconvened at 10:48 a.m. DiSanto circulated the written decision. A motion was made by Councilman Hinterlong, seconded by Clerk Gallahue to approve and adopt the written decision overruling the objection. The motion was carried by a voice vote. A motion was made by Councilman Hinterlong, seconded by Clerk Gallahue to close the hearing on Case No. 22-02, Ahmadpour v. McDaniel at 10:50 a.m. The motion was carried by a voice vote. H. CASE NO. 22-03, AHMADPOUR V. STEPHENS: Case No. 22-03, Ahmadpour v. Stephens: conduct a hearing and issue a decision on Ahmadpour’s objection to Stephen’s nomination filing for office of Mayor A motion was made by Councilman Hinterlong, seconded by Clerk Gallahue to open the hearing on the objection, Case No. 22-03, Ahmadpour v. Stephens at 10:52 a.m. The motion was carried by a voice vote. The Objector’s attorney, Ross Secler and Candidate’s attorney Kari-Lyn Krafthefer requested the opportunity to issue subpoenas. Secler asked to subpoena DuPage County Clerk for the Candidate’s voter registration records and history. Krafthefer asked to subpoena the School District 204 for records of the Candidate’s son’s school attendance location. A motion was made by Clerk Gallahue, seconded by Councilman Hinterlong to authorize the issuance of subpoenas by the parties and continuing the hearing to Friday, December 16, 2022 at 10:00 a.m. in the Council Chambers. The City of Naperville Page 3 Printed on 8/31/2023 City Council Meeting Minutes December 12, 2022 motion was carried by a voice vote. I. OTHER BUSINESS: J. PUBLIC COMMENT: No public comment. K. ADJOURNMENT OR RECESS: The hearing recessed until Friday, December 16, 2022 at 10:00 a.m. in the Council Chambers. /S/ Nancy Bright Nancy Bright Deputy City Clerk City of Naperville Page 4 Printed on 8/31/2023