Algonquin Township Trustee Edward Zimel Jr. was temporarily reinstated to his elected position after a circuit court judge removed him due to a previous felony conviction, court records show.
The 2nd District Appellate Court of Illinois on Wednesday granted Zimel’s request to stay in his position while the appellate court considers his case.
Zimel was removed from his position in June by McHenry County Judge Joel Berg for a previous felony conviction. He was charged in 1990 with felony intimidation in Cook County.
The ruling pointed to a state law that holds “a person is not eligible to hold any office if that person, at the time required for taking the oath of office, has been convicted in any court, located in the United States of any infamous crime, bribery, perjury, or other felony.”
McHenry County State’s Attorney Civil Division Chief Norman Vinton said he wasn’t surprised, but was disappointed by the decision.
Zimel’s attorney, John Nelson, asked for Zimel to return to his position if the Algonquin Township Board of Trustees had not replaced him within 60 days after he was removed. The process was underway when the appellate court issued the stay order, Vinton said.
A briefing on the case is scheduled for mid-October, Vinton said. He said he feels confident that the ruling to remove Zimel will be upheld.
“We’re going to prevail on the merits of that case,” he said.
In the meantime, Zimel will be back on the Algonquin Township board and will be able to vote on items presented to the trustees.
Algonquin Townships in the far southeast corner of McHenry County and includes all or part of Crystal Lake, Cary, Algonquin, Lake in the Hills, Fox River Grove, Trout Valley and Barrington Hills.