DeKalb city seeks dismissal of city clerk’s lawsuit over official duties; case to go before judge Wednesday

DeKALB – The city of DeKalb has asked a judge to dismiss a civil lawsuit waged by City Clerk Sasha Cohen who alleged his duties were violated after he was barred by city staff last month from accepting candidate nomination papers.

A hearing on the lawsuit is scheduled in front of Circuit Court Judge Bradley Waller at 8:30 a.m. Wednesday at the DeKalb County Courthouse in Sycamore.

When reached Tuesday, Cohen declined to comment.

In a motion to dismiss the lawsuit – filed by city attorney Matt Rose Jan. 17, court records show – the city argues that Cohen did not state a legally sufficient claim for relief. The city also argues that since the candidate filing window closed Dec. 19, the clerk’s issues are a moot point, making it impossible for the court to grant relief.

Cohen filed the lawsuit Dec. 12, the day he was turned away by city staff from collecting candidate papers on the first day of the filing window for the April 4 consolidated election.

On Dec. 13, he filed a motion for a temporary restraining order to expedite the hearing of the complaint now before Judge Bradley Waller, who denied the motion.

In its motion to dismiss, city lawyers argued Cohen isn’t legally entitled to personally accept the filing papers for candidates. The city also argued that election code requires only that candidates are to file papers at the “customary office within customary office hours,” and that candidates have no control over the officer who receives the documents, court documents show.

The lawsuit hearing is the latest in a long line of troubles at city hall involving the clerk, who was formally censured Jan. 9 by the DeKalb City Council for his repeated absences and what city officials have long alleged his abandonment of his elected office.

The clerk has argued that he did show up to perform his job Dec. 12, the first day of the candidate filing window.

City staff turned him away, however, arguing that the clerk hadn’t made necessary preparations for the week and hadn’t shown up to work in seven months.

DeKalb Mayor Cohen Barnes said later that the clerk had been “unavailable as usual” leading up to the filing period, and that the DeKalb County Clerk and Recorder’s Office had been unable to reach him regarding the pre-election preparations.

As a response, the mayor said, the county clerk’s office had instead reached out to Ruth Scott, a city employee who also serves as executive assistant and recording secretary to the City Council.

On Nov. 28 DeKalb issued a pre-filing public notice directing candidates to file their nomination packets with Scott at City Hall.

Scott’s position titles are new, although she’s served as a former deputy clerk for almost 10 years before the position was erased by the council in 2019. Scott’s duties are a product of council efforts to maintain records amid the clerk’s continued absences, officials have said. Under city code, city officials have argued, Scott is allowed to perform all the duties the clerk does.

Cohen has missed 35 of 40 city meetings since he began his role as clerk in May 2021, city records show. He allegedly doesn’t keep office hours, city officials have maintained.

The clerk’s part-time role comes with a $8,000 annual salary. The job is largely administrative with duties that encompass overseeing municipal elections, keeping minutes at public meetings and authenticating documents using the city seal. Cohen has said his bi-weekly paycheck after taxes is about $267. The clerk said he is self-employed outside of his elected role.

In 2021, Cohen missed 7 of 19 meetings, 4 of those absences were without notice or explanation, city records show. In 2022, he has missed 23 of 26 meetings to date; 18 of those absences – the past 18 – were without notice or reason, city records show. Social media posts – on Cohen’s personal page which has now been made private – show the clerk spent much of the past summer and fall 2022 working on campaigns outside of Illinois, including in Pennsylvania, New Hampshire and Georgia.