Old felony plea precludes Algonquin Township Trustee Ed Zimel from board, judge rules

Ed Zimel is not eligible to serve as an Algonquin Township trustee due to an almost 33-year-old felony intimidation conviction in Cook Couny, McHenry County Judge Joel Berg ruled Monday.

Berg’s order removing Zimel from the office he was elected to in April 2021 was stayed for seven days, allowing time for his attorney, John Nelson, to appeal the ruling to the Illinois Second District Appellate Court.

While he still needed to discuss the ruling with his client, Nelson said it was his intention to appeal the ruling. Zimel did not attend the hearing held Monday morning at the McHenry County Courthouse.

If he does appeal, Nelson said, he would expect the case to eventually go to the Illinois Supreme Court.

Zimel’s felony past came to light in April 2022, when a letter was sent to the McHenry County State’s Attorney’s Office pointing out the conviction, civil division chief Norman Vinton said. A letter was then sent to Zimel in May 2022, asking him to resign. There was no response.

The suit to remove Zimel from office was filed last August.

According to Illinois Township Code, if a person “has been convicted in any court located in the United States of any infamous crime, bribery, perjury or other felony,” he or she is ineligible to hold office.

The case law for removing a township official from office is clear, pointing to a recent Third Appellate District case, Vinton argued.

In April, that appellate court ruled that Joliet Township Trustee Karl Ferrell, also elected in April 2021, was not eligible to hold office because if his previous felony convictions.

Ferrell’s convictions came in 2010 and included a Class 1 felony count of possession with intent to deliver more than 1 gram but less than 15 grams of a controlled substance, to which he pleaded guilty and served 4.5 years in the Illinois Department of Corrections. Ferrell did not disclose those felony convictions in his candidacy filing, according to court documents.

Nelson argued Zimel’s case was not the same as Ferrell’s, as he did not realize his 1990 plea was a felony conviction, believing it was a misdemeanor.

“Most people convicted of felonies know they were convicted of felonies,” Berg said during court arguments.

Nelson noted Zimel has also served as a Hanover Park village trustee and in another elected position in Illinois since that conviction.

He has no doubt that Zimel has rehabilitated himself since the 1990 charges “but that does not change the fact ... of the clear legislative direction” not allowing any felonies for a township official, Berg said.