DeKalb to consider city clerk referendum on Nov. election ballot

DeKALB – On Monday, the DeKalb City Council will consider whether or not to place a referendum on the November ballot asking voters if the city clerk’s position should be appointed instead of elected.

The consideration comes months after a judge ruled Clerk Sasha Cohen forfeited his office, ousting him from the role in March after years of allegations that Cohen failed to adequately perform the duties voters in 2021 elected him to do.

DeKalb voters could be asked the fate of the office for the third time in November, should the City Council vote to place the question on the ballot. On Monday, the Council will be asked to decide if they want a referendum and, if so, how should the question be posed.

[ Judge ousts oft-absent DeKalb city clerk from office ]

City staff have proposed two potential ways to phrase a clerk referendum to voters:

1. Shall the City Clerk of the City of DeKalb be appointed, rather than elected?

2. Shall the City of DeKalb abolish the office of the City Clerk?

A majority vote from the City Council is needed Monday to refer a public question for the November election ballot to DeKalb County election officials, city documents show.

Referenda in November 2006 and November 2012 also asked DeKalb voters if they preferred an appointed clerk over an elected one. Each of those times, the question asked if the city clerk should be appointed by the mayor with council consideration. Both times voters said no, according to election records from the DeKalb County Clerk and Recorder’s Office.

In a lead up to the vote, city staff wrote in documents released ahead of the meeting that if a referendum passes, it could save money. The part-time elected clerk has a budgeted salary of $8,000. City staff said if an elected clerk was no longer needed, that money could be disbursed to help increase compensation for other elected officials who’s terms are set to expire in spring 2025.

When Circuit Court Chief Judge Bradley Waller ruled the DeKalb city clerk abandoned his office, Cohen also lost his payroll claim, city email privileges and all other municipal duties. DeKalb County attorney David Berault, representing the county clerk and recorder’s office, had argued that Cohen violated the Illinois Governmental Ethics Act and repeatedly ignored his duty to DeKalb voters.

The former elected clerk’s track record while in office has faced its share of scrutiny from those at city hall. City officials said that Cohen’s municipal neglect was offset by a longstanding city employee, Ruth Scott, who has since 2014 worked as deputy city clerk and then as Recording Secretary. In her roles, Scott has performed much of the same duties that fall within the purview of an elected clerk.

The filing of a referendum for the November election ballot is required no later than Aug. 19.

Neighboring Sycamore also will put the question to voters in November. The Sycamore City Council in April approved a referendum asking voters to say whether they prefer an elected or appointed clerk. Sycamore mayor Steve Braser has said he supports an appointed clerk.

Elected official compensation

Also at Monday’s council meeting, city leaders will look into setting compensation for elected officials, documents show.

Under state law, elected official compensation can’t be increased or decreased during a term. An amendment to that pay can be made 180 days before a new term begins, however. According to Illinois municipal code, a term begins with the first regular meeting or special session of the corporate authorities.

The 180-day window for the spring 2025 election of aldermanic seats in the Second, Fourth, Fifth, and Sixth Wards will close Oct. 3, city documents show. The council will need to establish future compensation for these aldermanic seats before that time.

Currently, elected officials for the city are issued varying amounts of money for their work, city documents show. The mayor is paid $22,500; the city clerk was budgeted for $8,000 and council members earn $5,400 annually.

In the event the City Council elects to place a clerk referendum on the November ballot, DeKalb City Manager Bill Nicklas has recommended the Council also remove an elected clerk salary from the city’s budget, documents show. He also recommends an annual salary increase for elected officials, which he said should be adjusted to reflect the cost of living.

The first draft of a fiscal 2025 budget is expected to be published in August.

If DeKalb voters back an appointed clerk position in November, the Council can make a budget change regarding the salary of the appointed clerk, city documents show.

“If the referendum is unsuccessful, the zero funding will discourage unqualified and insincere candidates such as Sasha Cohen,” city staff wrote.