The Hancock-Henderson Quill, Inc.

How To Oust A Municipal Officer Who Owes A Debt

Step By Step Process As Enunciated By John Kraft

Here are instruction from the Illinois Municipal Code on dealing with a municipal officer who owes a debt to the municipality

Step 1: City clerk should deliver a written notice to the municipal officer by special service notifying the officer that he is in arrears.

Step 2: The debt must be paid off or the official may contest the debt. If contesting, the official must provide a written notice to that effect to the clerk.

Step 3: A copy of the notice to pay and the notice to contest should be forwarded by the clerk to the city attorney.

Step 4: In event that the official decides to contest the debt a hearing should be held within 30 days of the municipal clerk's receipt of the written notice to contest.

Step 6: An appointed municipal hearing officer shall preside over the hearing, and shall hear evidence relevant to the existence of the debt.

Step 7: Upon conclusion of the hearing the hearing officer makes a determination on the basis of the evidence presented as to whether the municipal officer is in arrears. The determination shall be in writing and shall be designated as findings, decision and order and shall include: the hearing officer's findings of fact, a decision as to whether the official is in arrears of a debt to the municipality based upon the finding of facts, and an order that either directs the municipal official to pay the debt within 30 days or be disqualified and his or her office vacated or dismiss the matter if a debt owed to the municipality is not proved.

Step 8: A copy of the hearing officer's written determination shall be served upon the municipal official in open proceedings before the hearing officer, If the municipal official does not appear for receipt of the written determination, the written determination shall be deemed to have been served on the municipal official on the date when a copy of the written determination is personally served on the municipal official or on the date when a copy of the written determination is deposited in the United States mail, postage prepaid, addressed to the municipal official at the address on record with the municipality.

This process is outlined at which posts the Illinois Municipal Code.

On November 15, 2016 Edgar County Watchdogs webpage ( posted a video of Monday night's La Harpe city council meeting showing comments made by John Kraft and Kirk Allen. Their article ended with the promise that the group would continue to report on the situation in La Harpe.