Electoral Board Minutes 2009 02-09-09 STATE OF ILLINOIS
UNITED CITY OF YORKVILLE
PUBLIC HEARING OF THE
ELECTORAL BOARD
REPORT OF PROCEEDINGS had at the
meeting of the above-entitled matter taken before
CHRISTINE M . VITOSH, C . S . R. , on February 9, 2009 ,
at the hour of 3 : 45 p . m. , at 800 Game Farm Road,
in the City of Yorkville , Illinois .
D-870409 _01
REPO • COURT
reporting service
DUPAGE COUNTY KANE COUNTY
1212 S. Noper Blvd., Ste. 119-185 630-983-0030 • Fax 630-907-9710 1051 Ketel Ave.
Naperville, IL 60540 Email:depocoud @comcast.net North Aurora, IL 60542
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1 P R E S E N T :
2 Ms . Valerie Burd, Mayor;
3 Ms . Rose Ann Spears , Alderman;
4 Ms . Jacquelyn Milschewski , City Clerk .
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6 A P P E A R A N C E S :
7 MS . KATHLEEN FIELD ORR,
appeared on behalf of the United
8 City of Yorkville, Illinois .
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1 MS . ORR : It is now 3 : 55 . Our Electoral
2 Board of the United City of Yorkville is called to
3 order . As required by statute, our Electoral
4 Board consists of the following persons : Our
03:54PM 5 mayor, who will be chair of the Electoral Board,
6 our city clerk, who will be a member of the
7 Electoral Board, and our seniormost alderperson
8 will be a member of the Electoral Board .
9 Mayor Valerie Burd, City Clerk,
03:55PM 10 Jackie Milschewski , saying it right?
11 MS . MILSCHEWSKI : Close .
12 MS . ORR : And our alderman is Rose
13 Spears . With that , I will ask to call the meeting
14 to order .
03:55PM 15 MAYOR BURP : Call this board meeting to
16 order, Electoral Board . Please rise for the
17 pledge of allegiance .
18 ( Pledge of Allegiance . )
19 MS . ORR : Madame Chair, the procedure
03:55PM 20 required of the Electoral Board is that they
21 review each and every one of the objections . By
22 law, the objections which you have before you are
23 a prima facie case .
24 For purposes of the record, we
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1 would want to state that the law prior to you
2 commencing your hearing mandates that each of you,
3 as well as the objector and the candidate against
4 whom the objections have been lodged, have been
03:56PM 5 served by both registered mail and by personal
6 service .
7 The sheriff ' s office of the County
8 of Kendall personally served each member of the
9 board, as well as Mr . Berry and Diane --
03:56PM 10 MS . TEELING : Teeling .
11 MS . ORR: Teeling . Teeling .
12 MS . TEELING : Teeling .
13 MS . ORR : Teeling . By personal service ,
14 and, for the record, we will place the receipts of
03:56PM 15 the sheriff ' s demonstrating that service was had .
16 So with that , we have -- for the
17 record we can show that we have , in fact , met the
18 service requirements .
19 Also, for the record, I should
03:56PM 20 state that the law requires after an objection was
21 filed -- that an objection be filed within five
22 business days of the date of filing, that was
23 done , the objection being filed February 2nd at
24 2 : 05 p . m, with our Deputy City Clerk ,
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1 The objection was -- the last
2 petition due date was February -- pardon me .
3 January . January . The date of the -- the last
4 date to file the petition was --
03:57PM 5 MR . OLSON : January 26th .
6 MS . ORR: -- February 2nd because all
7 petitions were required to be on record with the
8 City, City Clerk ' s office , on or before
9 January twenty --
03:57PM 10 MS . PICKERING : 6th .
11 MS . ORR : 6th . Correct . I think
12 because of the holiday .
13 Having said that then, we have
14 election petitions properly filed within the
03:57PM 15 statutory time . We have an objection that was
16 properly filed within the statutory time .
17 The law that was required is after
18 you, Mayor , as chair of the Electoral Board,
19 receives your copy of the objections , you have 24
03:57PM 20 hours to call this Electoral Board .
21 The Electoral Board must be called
22 within not less than three days , nor more than
23 five days .
24 According to the Deputy Clerk ' s
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1 office -- according to the Clerk ' s office by the
2 Deputy Clerk, you were served at your home on
3 Wednesday, February 4th, and that you called on
4 February 3rd, and that within 24 hours on
03:58PM 5 February 4th , you, in fact , called the meeting
6 which is here today, which there being within five
7 days of your notice that objections have been
8 filed .
9 That is for purposes of the record,
03:58PM 10 to demonstrate that we have met our statutory
11 commitment to be here today .
12 Now, Mayor, by law, as I said
13 before , the objections are prima facie evidence --
14 or prima facie of the facts that , in fact , are
03:58PM 15 stated therein . You may, if you choose , ask the
16 objector or the candidate to speak . If they do
17 speak, they can only address the objections that
18 have been given to you in writing .
19 You , as an electoral board, can only discuss the
03:59PM 20 objections as presented to you, so my suggestion
21 is that you read the objections and then I will
22 try to share with you the case law with regard to
23 each objection and what courts have held, to the
24 extent there are court cases with regard to each
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I objection, in order to enable you to make what I
2 believe would be a well-informed decision, or
3 hopefully a well-informed decision .
4 MAYOR BURD : All right . Certainly .
03:59PM 5 MS . SPEARS : Can I ask you just one
6 question? What time was the Mayor served on
7 Wednesday, February 4th? Do they record the time
8 as well?
9 MS . ORR: The Mayor was served early
03:59PM 10 morning on the 4th and so the notices went out
11 that evening, correct?
12 MR . OLSON : Yes .
13 MS . SPEARS : So should this hearing have
14 been held early in the morning on the fifth day?
04:OOPM 15 MS . ORR : No . There is no requirement .
16 MS . SPEARS : There is no requirement .
17 MS . ORR : So long as it be held on the
18 fifth business day .
19 MS . SPEARS : Okay . Thank you .
04:00PM 20 MS . ORR : Thank you .
21 MAYOR BURD : Any other questions ?
22 (No response )
23 MAYOR BURD : Okay . We will proceed .
24 What we will do is to go through the objections
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1 that Miss Tooling has presented us with
2 one-by-one . We will -- I will read the
3 objections , the City Attorney will outline case
4 law, and then I will entertain any comments from
04:OOPM 5 either the objector or the person who filed the
6 petition, if he wishes to defend that position .
7 The first objection noted was that
8 duplicate copies of petitions are not bound,
9 specifically stapled, which the law requires .
04:OOPM 10 That is the first objection .
11 MS . ORR : We did for the record state
12 the name of the candidate did we not , Mr . Berry?
13 MS . SPEARS : No .
14 MAYOR BURD : Mr . Anthony Berry is the
04:O1PM 15 candidate who filed these petitions and Miss Diane
16 Teeling is the person who filed the objections .
17 So as I stated previously,
18 duplicate copies of petitions are not bound,
19 specifically stapled, which the law requires as
04:01PM 20 the number one objection .
21 MS . ORR : I have researched the item
22 raised in objection number one , and there is a
23 fairly recent case decided by the Appellate Court ,
24 3rd District , 2003 . I will just read to you the
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1 court ' s decision .
2 Quote , "The purpose of requiring
3 candidates to securely bind and number the
4 petitions is to present -- prevent tampering,
04:01PM 5 thereby preserving not only the integrity of the
6 petitions submitted, but also the election process
7 in general . These provisions are mandatory and
8 failing to comply with even one of them will
9 result in the petitions ' invalidation . "
04:02PM 10 I have a copy of the entire case
11 here in case any of you Electoral Board members
12 would like to refer to it .
13 MAYOR BURD : Okay . Mr . Berry, would you
14 like to comment on this case law?
04:02PM 15 MR . BERRY : No .
16 MAYOR BURD : Miss Teeling, would you
17 like to say anything?
18 MS . TEELING : No .
19 MAYOR BURD : We will move to objection
04:02PM 20 number two . Petitions are not numbered in the
21 space provided, which the law requires .
22 MS . ORR : The first case that we want to
23 cite , the most recent case, is that which I just
24 cited . As you will note, it referred to the
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1 numbering requirement of the petition . In
2 addition, there is a second case as relates to
3 1995 , Wollan versus Jacoby . That ' s the Appellate
4 Court, 5th District .
04:02PM 5 That decision was , quote , "Our
6 decision is further supported by the holding in
7 Jones . " There the court concluded that the page
8 numbering provisions of Section 10-4 of the Code
9 is mandatory . Therefore, non-compliance with the
04:03PM 10 provision invalidates the petitions and justifies
11 the removal of the candidate from the ballot .
12 Thereafter then we refer to Jones ,
13 which was just cited, and that is Jones versus
14 Dodendorf, and that was the Appellate Court , 2nd
04:03PM 15 District , and that case was 1989 .
16 Quote , " . . . in addition to aiding
17 in the identification, we believe a legitimate
18 objective of the numbering requirement is to
19 prevent persons from tampering with the petitions .
04:03PM 20 In addition, it is conceivable that the sanctions
21 imposed for non-compliance with Section 10-4 of
22 the Election Code will further the State ' s valid
23 interest in protecting the integrity of the
24 electoral process by helping to ensure that
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1 candidates will strictly comply with the
2 requirements of these election laws . "
3 Another case in 1995 is that of
4 Hagen versus Stone , again , Appellate Court , this
04;04PM 5 time the lst District .
6 Quote , "Having determined the
7 objections sufficiently set forth in a prima facie
8 case under Section 10-8 of the Code , the next
9 issue is whether the nominating petitions are
04 04P 10 valid even though two of the petitions are
11 unnumbered and the other two , plus one of the
12 unnumbered petitions , do not include dates of
13 circulation . It is clear that both the page
14 numbering requirement and provision requiring that
04 04P 15 a circulator ' s affidavit include a statement as to
16 when the sheet was circulated are mandatory
17 provisions . " Respondents ' non-compliance with
18 these mandatory provisions , which are found in
19 Section 10-4 of the Code , invalidates the
04 04P 20 nominating petitions and requires the respondent ' s
21 removal from the ballot .
22 MAYOR BURD : Mr . Berry, would you like
23 to make any comments?
24 MR . BERRY : No .
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1 MAYOR BURD : Miss Teeling?
2 MS . TEELING : No .
3 MAYOR BURD : Number three , statement of
4 candidacy does not list the date of the election
04:05PM 5 for which Mr . Berry is seeking public office .
6 They could be used at a future date .
7 MS . ORR: Electoral Board, Section 10-5
8 of the Election Code requires statements --
9 statement to be , quote , " substantially in the
04:05PM 10 following form, " and on that form -- and you have
11 copies available for you to review -- which is a
12 part of the actual provisions in state law, does
13 have a space for date of the election as included
14 in the form.
04:05PM 15 There are , however, no decisions
16 that I could locate to verify that this would be
17 sufficient to invalidate the petition .
18 MAYOR BURD : Number four -- oh . Put in
19 the public record that I asked each one and they
04:05PM 20 did not want to comment .
21 Four , the receipt for statement of
22 economic interest does not name office for which
23 Mr . Berry is seeking public office .
24 MS . ORR : With regard to objection
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1 number four, in 2004 , the Appellate Court , lst
2 District held a case -- held in Cardona versus
3 Board of Elections that , "Nothing in the Election
4 Code required the receipt filed with nominating
04:06PM 5 petitions , which evidenced filing of a statement
6 of economic interests , had to identify office
7 candidate was seeking . "
8 So that the case that I did locate
9 with regard to this issue holds to the contrary,
04:06PM 10 it is not a requirement .
11 MAYOR BURD : Do you wish to comment?
12 MR . BERRY : No .
13 MAYOR BURD : Miss Teeling, response?
14 (NO response . )
04:06PM 15 MAYOR BURD : Number five , petition page
16 with first address listed as 874 Haley Court .
17 First paragraph to describe location , type and
18 date of election is blank . This petition could be
19 used for any future election that denies the
04:06PM 20 electorate of knowing what they are signing .
21 Page is not numbered . Page is not stapled .
22 We have here five and six together .
23 Do you choose --
24 MS . ORR : I would think so since they
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1 raise the exact same points .
2 MAYOR BURD : Number six says petition
3 page with first address listed as 1106 Heartland
4 Drive . First paragraph to describe location, type
04:07PM 5 and date of election is blank . This petition
6 could be used for any future election that denies
7 the electorate of knowing what they are signing .
8 Page is not numbered . Page is not stapled . Those
9 two together .
04:07PM 10 MS . ORR : Again, with regard to it ' s not
11 stapled and not numbered, we have handled that
12 with regard to the prior objections .
13 Section 7 -10 of the Election Code
14 provides that nomination papers must be in
04:07PM 15 substantially the following form, and the form
16 requires the location, type and date of election .
17 That was not included on the petitions . I could
18 locate no case law that specifically addresses
19 this item .
04:07PM 20 MAYOR BURD : Okay . Number seven,
21 petition page with first address listed as 1153
22 Heartland Drive . First paragraph -- Is this the
23 same as --
24 MS . ORR : Certain portions of it , but
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1 there are other additions to objection seven .
2 MAYOR KURD : This petition could be used
3 for any future election that denies the electorate
4 of knowing what they are signing . Page is not
04:08PM 5 numbered . Page is not stapled . Signature lines 2
6 to 13 fail to list City . Signature lines 14 and
7 15 fail to list street address .
8 MS . ORR : As I stated earlier , with
9 regard to failure to state the time or the
04:08PM 10 location, type and date of the election, that is a
11 provision as required on the nominating petition
12 in the Election Code .
13 In addition to those objections ,
14 also there is an objection that signature lines 2
04:08PM 15 dash 13 fail to list city, signature lines 14 dash
16 15 fail to list street addresses on certain of the
17 sheets .
18 Address and city required by
19 Section 10-4 of the Election Code are required in
04:09PM 20 terms of -- by the form that is suggested in the
21 state law .
22 There is one case , however, and I
23 don ' t know if it ' s directly on point , but I do
24 want to share it with you . It ' s Madison versus
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1 Sims . And that was where based on the preceding
2 section of the Election Code , the plaintiffs claim
3 the term "residence address " necessarily requires
4 the petitioners to include the city of residence
04:09PM 5 after their signatures . The plaintiffs further
6 claim -- and this was one of the objections that
7 was dealt with by this court , the petitions -- the
8 plaintiffs further claim that without such
9 inclusion of a city residence , the petitions are
04:09PM 10 invalid . In arriving these conclusions , the
11 plaintiffs gloss over and cavalierly dismiss the
12 fact that the printed introductory language for
13 each petition, as required by the same statute
14 previously cited, states the undersigned are duly
04:10PM 15 qualified electors residing in the 21st
16 Legislative District .
17 Unfortunately we don ' t have that
18 here , we don ' t have the opening paragraph filled
19 in where it opens to say that though the
04:10 PM 20 signatures following are , in fact , residents of
21 the ward of the petitions .
22 However, following the signatures
23 on each petition, there is a printed section in
24 which the individual who procured the petition
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1 signatures verified under oath that such petition
2 signatures were valid and that the petitioners
3 resided in the 21st District .
4 Okay . If we look to the bottom of
04:10PM 5 our -- of the petitions of Mr . Berry, you will see
6 that it says the circulator and the circulator ' s
7 address , of the County of Kendall , State of
8 Illinois , that I am 18 years of age or older, that
9 I am a citizen, and that the signatures on the
04:11PM 10 sheet were signed in my presence not more than 90
11 days preceding the last day for filing and are
12 genuine and that to the best of my knowledge and
13 belief the persons so signing were at the time of
14 signing registered voters of the political
04:11PM 15 division in which the candidate is seeking office,
16 so that we do not have it at the top of the
17 petition, we do have it at the bottom.
18 And so I show you that this case is
19 not on all fours , but it is one that I wanted to
04:11PM 20 bring to your attention .
21 MAYOR BURD : Do you wish to comment ,
22 Mr . Berry?
23 MR . BERRY : No .
24 MAYOR BURD : Miss Teeling?
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1 (No response . )
2 MAYOR BURD : At this point we have gone
3 through all of the objections presented to us by
4 Miss Teeling .
04:11PM 5 Do any members of the Board wish to
6 ask any questions of Mr . Berry or Miss Teeling?
7 MS . SPEARS : I would like to ask
8 Mr . Berry how many signatures were required .
9 MR . BERRY : I believe it was 35 .
04:12PM 10 MAYOR BURD : We are asked to --
11 MS . SPEARS : Oh .
12 MS . ORR : If you ask a question, that ' s
13 fine ; however , because the number of signatures
14 were not objected to, that could not be a basis
04:12PM 15 for your decision .
16 MS . MILSCHEWSKI : Well , I know she
17 didn ' t object to that , but one of those questions ,
18 several of them not listing where they lived, are
19 you tying it in that way?
04:12PM 20 MS . SPEARS : Right . Right . Number 7 .
21 MS . ORR : I understand that , but the
22 objection, just wanted to eliminate those , did not
23 question the qualifications as to number .
24 MAYOR BURD : They don ' t mention number,
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1 so that wouldn ' t be an issue , whether the -- if
2 these were invalidated, that we wouldn ' t be
3 discussing how many he has because that was not
4 brought forward .
04:13PM 5 Mr . Berry, did you have a question?
6 MR . BERRY : I just want to make a
7 general comment if I could . Am I allowed to do
8 that ?
9 MAYOR BURD : Absolutely . Please feel
04:13PM 10 free .
11 MR . BERRY : I ' m not saying any of these
12 objections are not true, I do want to apologize
13 for having any errors or not having my things
14 stapled or numbered .
04:13PM 15 I did put these things together on
16 the final day that things were to be turned in and
17 1 didn ' t have enough time to have my legal
18 counsel , who was out of town, review those things ,
19 so I ' m not arguing that the objections are not
04:13PM 20 true, I ' m not quite saying whether I believe they
21 are right to keep someone off the ballot .
22 I think that by removing me or
23 removing a candidate off the ballot for purposes
24 such as this is not only hurting the people of
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1 Ward 4 from having two people to be on the ballot
2 to vote for, but it ' s hurting the City of
3 Yorkville by something like this to keep someone
4 off the ballot , so I just wanted to make that
04:14PM 5 comment .
6 MAYOR BURD : And while I think probably
7 all three of us sympathize with what you just
8 said, I don ' t think that we are in a position to
9 make a determination based on that .
04:14PM 10 I absolutely agree with you
11 wholeheartedly . I always encourage people to run,
12 and the more people that run, I think the better
13 for our City, but we have to follow the law, and I
14 know sometimes this is very painful to people on
04:14PM 15 the Electoral Board because it ' s not necessarily
16 what their sympathies would lead them to do .
17 So do you have any other questions ?
18 MS . SPEARS : I can --
19 MS . MILSCHEWSKI : You go ahead with your
04:14PM 20 questions .
21 MS . SPEARS : Well , I just -- Do these
22 all have to be in question form?
23 MS . ORR : No .
24 MS . SPEARS : It ' s difficult throwing all
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1 this legal stuff in front of me .
2 MS . ORR : There are several ways that
3 you can deal with the issues . We ' ve gone through
4 the objections , I have given you all the
04:15PM 5 information, I have gotten I think as much as out
6 there .
7 The issue is you may -- you may
8 disregard those objections and find on the ones
9 that are very clear under the law that would be
04:15PM 10 enough to substantiate your decision .
11 In a normal court of law where
12 there are points that are conclusive , the courts
13 usually avoid making comments on anything further .
14 In the case of the Electoral Board, the issues
04:15PM 15 could be dealt with singularly; you can find one
16 is controlling . You do not need to make a finding
17 on each of the objections .
18 MS . SPEARS : Well , in reading them all
19 and all the case law that you presented and
04:15PM 20 everything, I think that Anthony Berry is guilty
21 for having his petitions not bound, specifically
22 stapled, and not numbered in the spaces required,
23 number one and two . This would be my concern at
24 this time .
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1 MS . ORR : If you feel this way, then
2 what you would do is sustain one and two of the
3 objections filed with the City, and by sustaining
4 the objections , it would create -- it would take
04:16PM 5 Mr . Berry off the ballot .
6 MS . SPEARS : Then I don ' t want to do
7 that . Could I say that I think that that is so --
8 I realize that the state does require stapling and
9 numbering of pages , but can I be in disagreement
04:161?M 10 with the importance of that for a candidate?
11 MAYOR BURD : Well , we have to uphold the
12 law of the State of Illinois . We can ' t -- we are
13 not above the law . The City -- this Board cannot
14 rule contrary to the law . That ' s the problem.
04:17PM 15 That ' s what I was trying to say, is as much as we
16 may be sympathetic, and I would love everybody who
17 runs to be able to just -- you know, I actually
18 find a problem with these whole petitions anyway
19 because personally I think they give incumbents an
04:17PM 20 edge , they are so -- you know, it ' s so involved to
21 fill everything out right and to get it in in a
22 correct way, and I think it ' s very unfortunate
23 that we at a City level can ' t provide them with
24 direction because of the problems that that
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1 causes , but , you know, sympathetic as we may be,
2 we have to follow the law, so, you know, if we
3 don ' t , it will lead to other repercussions , but
4 you are free to follow your own -- you can vote
04:17PM 5 any way you want , but I think it would be in the
6 best interests of the City to follow the law .
7 Did you want to ask some questions?
8 MS . MILSCHEWSKI : I guess I just have a
9 comment of the whole situation .
o4:18PM 10 MAYOR BURD : Sure .
11 MS . MILSCHEWSKI : You know, I ran eight
12 years ago for the first time . I didn ' t know what
13 I was getting into . I ' ll be plain, honest and
14 simple , they needed a clerk, there was no one
04:18PM 15 running . I went out , I got my signatures , I did
16 the best -- I can ' t tell you if my papers were
17 right or wrong, but eight years ago we had a
18 different climate in Yorkville , and it is gone,
19 and I guess that ' s my beef on this .
04:18PM 20 And, I ' m sorry, you do have
21 mistakes , and I probably -- I would like to go
22 back and see mine and see what I had, but , you
23 know, in the last election, and now we ' re doing it
24 again, we are muckraking .
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1 You know, I ' ve done a little
2 investigation and I find out the only person to
3 FOIA Mr . Berry ' s information was not Miss Teeling,
4 it was not --
04:18PM 5 MAYOR BURD : Well , I don ' t think we
6 should get into that .
7 MS . MILSCHEWSKI : But is this my time to
8 comment? I mean, this is my comment on the whole
9 thing, so we have an objection coming in with a
04:19PM 10 person who didn ' t even pull this paperwork . The
11 person who pulled it isn ' t even a City resident,
12 and we are back to our muckraking in the City and
13 it ' s really sad .
14 I work at a -- and Mr . Berry knows
04:19PM 15 this . I work at an elementary school that just
16 had student council , and what I saw, what we are
17 teaching our children, they were doing the same
18 thing that happened in the last election, and I
19 find that very sad .
04:19PM 20 And so I ' m -- I see there is case
21 law and I understand that , and I know legally, but
22 this whole situation is just so out of hand, and I
23 think -- I agree with you, this is taking -- this
24 is taking the decision out of the hands of the
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1 people of Yorkville , and to start it by someone
2 who isn ' t in Yorkville and got the ball rolling
3 for Miss Teeling, how sad is that , and I think
4 maybe she is unsuspecting to being a pawn in this
04:19PM 5 whole thing, I don ' t know you, so , you know, I am
6 sorry, but I agree with you, I think this is
7 taking this out of the hands of the people of
8 Yorkville and I really -- I resent that as a
9 resident of Yorkville , and seeing what ' s been
04:20PM 10 happening in the last few years , and we are doing
11 it again, and we are teaching our children in this
12 community, and it was sad to see how children were
13 acting toward each other for student council
14 election . Where did they learn it? It ' s here in
04:20PM 15 Yorkville . Pick up the paper, they hear their
16 parents talk about it .
17 So that ' s just my comments on it .
18 I understand, thank you very much for researching
19 the case law . I ' m not -- yes , there are errors
04:20PM 20 and I ' m sorry that that happened . Your intentions
21 are great , in fact , they are fantastic, and I
22 really think this whole process that ' s wasting
23 taxpayer ' s money and everything is just misguided
24 and it ' s really sad for Yorkville . So that ' s my
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1 comment .
2 MAYOR BURD : Yes .
3 MS . SPEARS : I would also like to add I
4 share Jackie ' s concern . I would like to just say
04:21PM 5 that once again this appears to be mud slinging, a
6 conspiracy .
7 We did have a -- it does state in
8 the objection to the Electoral Board that the
9 objector must be a registered voter in the
04:21PM 10 appropriate jurisdiction or district .
11 Obviously since Mr . Milliron filed
12 the FOIA, he is not a registered voter in the
13 appropriate jurisdiction . Diane Teeling then
14 filed the objection , and I don ' t know if she is
04:21PM 15 aware of the dirty politics that is happening in
16 our small town atmosphere , but I , too , share
17 Jackie ' s sentiment that this is just -- What ' s
18 going to happen two years from now or four years
19 from now? Is this going to continue because some
04:21PM 20 people feel that -- I would rather have two or
21 four candidates run in one area to let the people
22 choose . I don ' t want somebody to be disqualified
23 because they didn ' t staple a document and they
24 didn ' t -- The state also has many, many rules and
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1 laws that I certainly don ' t agree with, and I
2 think the current governor is trying to change
3 many of them and I think that our legislative
4 elected people are also aware of that fact .
04:22PM 5 So if something like this happens
6 in small town Yorkville , there ' s no hope . There
7 is no hope whatsoever . It ' s just like give it up .
8 Because people are going to find technicalities ,
9 people are going to disrupt and try to follow the
04:22PM 10 system .
11 And again, I agree , this is a waste
12 of taxpayer ' s money and time, and I personally
13 don ' t like taking off of work and not getting paid
14 for sitting here right now for something like
04:22PM 15 this . That is my personal opinion . And I ' m
16 sorry, but again, I think it ' s ridiculous .
17 MAYOR BURD : Are we all done?
18 MS . SPEARS : I am done . Thank you .
19 MS . TEELING : I would like to say
04:23PM 20 something .
21 MAYOR BURD : Would you like to? Feel
22 free .
23 MS . TEELING : I know you don ' t know me ,
24 but , you know, I ' m just listening to you and I
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1 understand what you are saying, but I mean, if you
2 are a business person and someone comes to you
3 with an application for employment and it ' s wrong,
4 most likely they ' re not going to get the job
04:23PM 5 because they didn ' t take the time to do it the
6 right way, and that ' s what I saw, and yeah, maybe
7 it was brought to me , to my attention, by someone
8 else , but it was brought to my attention .
9 That ' s all I wanted to say . And I
04:23PM 10 think that , you know, there are laws that have to
11 be stood up for, and that ' s what we ' re here for .
12 That ' s why we ' re here .
13 MS . MILSCHEWSKI : I ' ve also checked, and
14 did you fill out your own paperwork yourself?
04:24PM 15 MAYOR BURD : No, that ' s not --
16 MS . MILSCHEWSKI : I ' m just curious , you
17 know, because I have done --
18 MR . MILLIRON : Out of order .
19 MAYOR BURD : The only thing you can ask
04:24PM 20 her is relating to --
21 MS . TEELING : You know --
22 MAYOR BURD : No, please don ' t answer
23 that . The only thing we are discussing here --
24 You are not to harass .
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1 MS . MILSCHEWSKI : I am not harassing,
2 I ' m just curious .
3 MAYOR BURD : The only thing that we are
4 discussing here are these seven, you can ask
04:24PM 5 questions about the seven issues , but as far as
6 who is filling out whose forms --
7 MS . MILSCHEWSKI : I just was curious .
8 MAYOR BURD : Well , look at your
9 petitions .
04:24PM 10 MS . MILSCHEWSKI : I did . I know that
11 she didn ' t circulate all her own petitions , so I ' m
12 just -- you know, I ' m sorry . I just think it ' s
13 terrible and I think it ' s taking a choice away
14 from people . That ' s my opinion and I -- you know,
04:24PM 15 I ' m not defending what Mr . Berry did . It is
16 wrong . He is wrong and he ' s admitted it , but we
17 are taking --
18 MAYOR BURD : I wish -- you know, I am
19 going to say something . I wish that we could keep
04:25PM 20 politics out of this whole thing . I wish we could
21 deal with this as a court -- a hearing that looks
22 at the law because that ' s all this is about is the
23 law, and if you are going to get into who did what
24 to whom in the last election, this could be a
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1 really lengthy discussion, so let ' s forget about
2 who filed what against whom, who tried to get what
3 candidate out of office , let ' s deal with that .
4 MS . MILSCHEWSKI : But that ' s what we ' re
04:25PM 5 doing, we ' re trying to -- we ' re possibly trying to
6 keep a candidate out of office .
7 MAYOR BURD : Yes . And you know what
8 that ' s like .
9 MS . MILSCHEWSKI : I do, and I find it --
04:25PM 10 it ' s disgusting .
11 MAYOR BURD : Do you feel it was
12 disgusting when you did it?
13 MS . MILSCHEWSKI : I didn ' t -- You know
14 what? Don ' t go there . Don ' t even go there with
04:25PM 15 me, Val .
16 MS . SPEARS : You know --
17 MAYOR BURD : That ' s what I ' m saying,
18 let ' s not --
19 MS . MILSCHEWSKI : Don ' t even go there
04:25PM 20 with that . You know, we are in America and I
21 think people should have a choice . This -- he
22 stays on the ballot and people say gosh, he goofed
23 up, they don ' t vote for him, that ' s their choice .
24 She did her paperwork, fine , vote for her . But we
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1 are taking that choice away from people for
2 technicalities . Yes , and you know, I -- I agree
3 with Kathy, it is case law, but it ' s kind of sad .
4 It ' s sad that our -- I ' m just sad that the people
04:26PM 5 in this City has come to this point and it ' s never
6 going to come back because we don ' t allow it to be
7 a better place .
8 MAYOR BURD : Well , it ' s not just
9 Yorkville . Like Kathy said before , I mean, there
04 26P 10 was hearings in Plano , there ' s been hearings in
11 Montgomery . This is -- you know, and if you read
12 American history, this is not unusual , so --
13 MS . MILSCHEWSKI : It ' s just sad . It ' s
14 sad that it ' s sunk to this level and that ' s my
04:26PM 15 opinion .
16 MAYOR BURD : I don ' t know that we have
17 ever risen above it to tell you the truth . But,
18 Mr . Berry, I think you get the sentiment of this
19 group .
04:26PM 20 I think we need to get a
21 determination on let ' s go with one and two because
22 those seem to be the most grievous . What is your
23 determination?
24 MS . MILSCHEWSKI : One and two are the
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1 only one I can agree on according to Kathy ' s
2 research .
3 MAYOR BURD : You find it is a fatal
4 flaw?
04:27PM 5 MS . ORR: The motion would be a motion
6 to sustain the objections , Mayor --
7 MAYOR BURD : Okay .
8 MS . ORR : -- and then they would vote
9 yea or nay .
04:27PM 10 MS . SPEARS : And that would take them
11 off the ballot .
12 MS . ORR : Yes .
13 MAYOR BURD : Since there is only three
14 of us , how do you do this?
04:27PM 15 MS . -ORR : That is the charge of the
16 Electoral Board, to come to a decision, so if you
17 don ' t want to make the motion, then just call for
18 the decision of each member . That would satisfy
19 the record .
04:27PM 20 MAYOR BURD : That is what I was doing .
21 Okay . I am calling for your decision on one and
22 two of the objection . One and two , the not
23 bound --
24 MS . ORR: The objection .
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1 MAYOR BURD : -- and they are not
2 numbered . Do you find that those are a fatal
3 flaw?
4 MS . MILSCHEWSKI : I defer to Rose . She
04:27PM 5 has more seniority than I do .
6 MAYOR BURD : Okay . Alderman Spears .
7 MS . SPEARS : I ' m going to go back and
8 look at some of this case law once again . This is
9 like so ridiculous . Apparently having the copies
04:28PM 10 bound, stapled -- Did it say specifically stapled
11 in the case law or just bound?
12 MS . ORR : Yes . There is case law that
13 said clipped does not satisfy the law . I did not
14 cite it because it was not relevant to what
04:28PM 15 objections were presented to you . They must be
16 bound, quote , unquote , and stapled is generally
17 what is considered bound .
18 MS . SPEARS : Oh, but the requirement is
19 it has to be bound, correct ?
04:28PM 20 MS . ORR : Correct .
21 MS . MILSCHEWSKI : So they could have
22 been clipped?
23 MS . ORR : No, that would have been
24 inadequate .
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1 MS . SPEARS : But if the law is just
2 stipulating bound, it lists -- this actually --
3 the objection is saying not bound, specifically
4 stapled --
04:29PM 5 MS . ORR : Stapling is what is understood
6 to be bound, and when you get into the details and
7 all the facts of the case law, they were quote,
8 not stapled . It ' s stapled .
9 MS . SPEARS : But that ' s --
04:29PM 10 MS . ORR : You are mincing words .
11 MS . MILSCHEWSKI : So if he came in with
12 a paper clip, that ' s not considered bound, or one
13 of those fancy things ?
14 MS . ORR : It ' s not considered bound .
04:29PM 15 MAYOR BURD : Because it ' s removable .
16 MS . SPEARS : Well , actually technically
17 so is a staple .
18 MAYOR BURD : Yeah, but it leaves holes .
19 MS . SPEARS : I think that that ' s like a
04:29PM 20 gray area there , so I won ' t rule on that one ,
21 because in here the objection is specifically
22 stapled, and I think that that may be a
23 technicality .
24 MS . MILSCHEWSKI : See, even the form
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35
1 just says "bind here" .
2 MS . SPEARS : Bind . Bind could be with
3 chewing gum, bind could be with a binder clip,
4 bind could be with many --
04:30PM 5 MS . ORR : According to the law, it has
6 to be stapled, and I can only share with you what
7 I know . The reason for the law is because in
8 jurisdictions more than wards there are numerous
9 pages required and it ' s to keep from altering or
04:30PM 10 adding pages , especially when you get into the
11 numbers of petitions , numbers of signatures , which
12 is usually a very common objection, so the law has
13 to be very firm on that .
14 MS . SPEARS : Well , I would still vote
04:30PM 15 with no on that one only because the law is firm,
16 but what it ' s indicating on that paper, I would
17 have put -- and I probably did -- put a binder
18 clip on mine rather than a staple . I don ' t know
19 for sure . It ' s probably too late for somebody to
04:31PM 20 call me out on it , but so I would say no . I am
21 not in agreement with that objection .
22 MAYOR BURD : Jackie?
23 MS . MILSCHEWSKI : Well , that ' s a hard
24 one because I don ' t ever -- I don ' t know if I
Depo•Court Reporting Service (630) 983-0030
36
1 stapled mine or not or brought them in a clip . I
2 know what you are saying with the stapling, but it
3 says bind here .
4 MAYOR BURD : Keep in mind that your
o4:31PM 5 decisions can be appealed in court and we would
6 have to go through the legal process .
7 MS . MILSCHEWSKI : Oh, I know .
8 MAYOR BURD : We ' ll just increase that
9 book this spring with all the lawsuits . Did you
04:31PM 10 get to voice your opinion?
11 MS . MILSCHEWSKI : Well , let ' s skip over
12 that . Let me think on that . As to the numbering,
13 they ' re not .
14 MAYOR BURD : Number two?
04:31PM 15 MS . MILSCHEWSKI : Yeah, can we go up to
16 number two? Yeah, they are not .
17 MAYOR BURD : So do you find it to be
18 fatal?
19 MS . MILSCHEWSKI : Fatal is such a hard
04:32PM 20 word, I find it a law .
21 MAYOR BURD : Okay . So you agree?
22 MS . MILSCHEWSKI : They aren ' t .
23 MAYOR BURD : Alderman Spears?
24 MS . SPEARS : Would you give your opinion
Depo•Court Reporting Service (630) 983-0030
37
1 on that?
2 MS . MILSCHEWSKI : What ' s your opinion?
3 MS . SPEARS : There is three of us here .
4 MAYOR BURD : Well , my opinion is I am --
04:32PM 5 I find that they are not bound and that they are
6 not numbered and if there is case law that
7 supports that that ' s what ' s needed, then I find
8 that that ' s a fatal flaw, and that if it goes to
9 court , I believe that that will be upheld, so I
04:32PM 10 would like to save us having to go through that
11 whole process .
12 MS . MILSCHEWSKI : Can I ask you a
13 question, Kathy? We ' re talking about going to
14 court . Can Mr . Berry take us to court if he is
04:32PM 15 off the ballot , too?
16 MS . ORR : Either party can take it to
17 court .
18 MAYOR BURD : So it ' s back to you .
19 MS . SPEARS : Okay . Numbered in the
04:33PM 20 space provided . To be honest with you, where are
21 they supposed to number them? I probably didn ' t
22 number any of mine . Where is it supposed to be
23 numbered?
24 MS . MILSCHEWSKI : It ' s at the bottom .
Depo•Court Reporting Service ( 630) 983-0030
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1 MAYOR BORD : Sheet number .
2 MS . SPEARS : Oh, on the bottom . I
3 probably didn ' t do mine either . It ' s not
4 numbered, so I would have to go with yes with that
04:34PM 5 one .
6 MS . MILSCHEWSKI : That ' s obvious .
7 MS . SPEARS : That ' s obvious .
8 MS . ORR : It only takes you to sustain
9 one of the objections in order to invalidate the
04:34PM 10 ballot , to invalidate the petitioner from being
11 put on the ballot .
12 MS . SPEARS : Okay . Well , I guess in
13 trying to make sure that the election laws , as
14 bizarre as I find them to be , I guess it ' s our job
04:34PM 15 to make sure that they are upheld, and I can ' t
16 deny that these pages were not numbered .
17 And again I ' d like to say to have
18 somebody removed from a ballot because he didn ' t
19 number his page is probably really again very,
04:35PM 20 very sad .
21 I just hate to see this happen in
22 our community . if Montgomery did it and another
23 municipality did something like this , it ' s sad .
24 And I think maybe we should contact our
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1 legislators and maybe explain to them, because God
2 only knows they have made many, many mistakes when
3 they are serving, and, again, I would like
4 individuals to -- I can probably guarantee next
04:35PM 5 election people are not going to want to run for
6 office and there ' s going to be many reasons , you
7 know .
8 I mean, sure we can get our little
9 conspiracy together and try to talk people into it
04:35PM 10 and try to bust them and just nitpick every little
11 thing, and I just find that to be really sad that
12 Mr . Berry would have to be taken off a ballot just
13 because he didn ' t number his pages .
14 I mean, that is probably something
04:36PM 15 that would go back to grammar school and I think
16 we are above that , we are beyond that . And
17 unfortunately I think that -- I know I ' m going to
18 contact my legislators and just explain to them my
19 feelings on this . I think it ' s ridiculous .
04:36PM 20 And I hope that Mr . Berry is not
21 discouraged and I would encourage him to find a
22 way to still run or run against next election or
23 do something .
24 MR . BERRY : I still have an opportunity
Depo•Court Reporting Service (630) 983-0030
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1 to go in as write-in, correct?
2 MAYOR BURD : Yes , you do .
3 MR . BERRY : Okay.
4 MS . SPEARS : That ' s terrific . Please
04:36PM 5 make sure you follow every little step you have to
6 and --
7 MS . MILSCHEWSKI : Yeah, because we
8 wouldn ' t want anything to go wrong .
9 MS . SPEARS : And I would like to
04:36PM 10 recommend attorneys to go over it for you .
11 MR . BERRY : Is there an extension or a
12 deadline on that?
13 MAYOR BURD : Can we talk about that
14 afterwards ?
04:37PM 15 MS . ORR: Right .
16 MAYOR BURD : That ' s not part of this
17 hearing . If you want to help him with his
18 campaign, you can talk afterwards . Are we
19 completed here then? Do we all --
04:37PM 20 MS . ORR : For the record then, will you
21 please state --
22 MAYOR BURD : For the record we agree
23 that petitions are not numbered in a place
29 required as the law requires , that that is a flaw
Depo•Court Reporting Service (630) 983-0030
41
1 that we all agree is there and that would keep him
2 off the ballot .
3 MS . ORR : So for the record, you have as
4 a board unanimously sustained objection number
04:37PM 5 two , which thereby, according to the law of the
6 State of Illinois in case law, invalidates the
7 name Anthony Berry as being on the petition as a
8 printed petition .
9 I have nothing further to report to
04:37PM 10 the Board .
11 MAYOR BURD : Okay . Any other comments
12 from the candidate?
13 (No response . )
14 MAYOR BURD : I call this meeting to a
04:37PM 15 close .
16 (Which were all the
17 proceedings had . )
18 ---000---
19
20
21
22
23
24
Depo•Court Reporting Service (630) 983-0030
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1 STATE OF' ILLINOIS )
) SS .
2 COUNTY OF LA SALLE )
3 I , Christine M . Vitosh, a Certified
4 Shorthand Reporter, do hereby certify that I
5 reported in shorthand the proceedings had at the
6 hearing of the above-entitled cause and that the
7 foregoing Report of Proceedings , Pages 1 through
8 42 , inclusive , is a true, correct , and complete
9 transcript of my shorthand notes so taken at the
10 time and place aforesaid .
11 I further certify that I am neither
12 counsel for nor related to counsel for any of the
13 parties to this suit , nor am I in any way related
14 to any of the parties to this suit , nor am I in
15 any way interested in the outcome thereof .
16 I further certify that my
17 certificate annexed hereto applies to the original
18 transcript and copies thereof, signed and
19 certified under my hand only . I assume no
20 responsibility for the accuracy of any reproduced
21 copies not made under my control or direction .
22
23
24
Depo•Court Reporting Service ( 630) 983-0030
43
1 In testimony whereof , I have
2 hereunto set my hand this 18th day of February,
3 A . D . , 2009 .
4
6 Christine M . Vitosh, CSR
7 CSR No . 084-002883
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Depo•Court Reporting Service ( 630) 983-0030
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Depo•Court Reporting Service (630) 983-0030
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Depo•Court Reporting Service (630) 983-0030
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21:1, 36:6 '! 7:23,8:14,9:13, 31:24,33:4, 1 27:19,27:23, compliance 131- '', 15:14, 18:22,
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14:21 40:22,41:11, Montgomery[z] 40:7,40:9,40:15, 37:21,37:22, 26:11 !!
listening Ill- 41:14 1 -31:11,38:22 40:20,41:3 38:1,38:19, OP[s)-1:6, 1:7,
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mandatory(41- 20:19,23:8, 18:21 20:18, 11:9, 11:20, 13:4, objection(261- 8.2
9:7, 10:9, 11:16, 23:11,24:7, 20 19,20:21,
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10:21, 11:17 12:24, 15:1,3:15,7:4,7:21, 30:79, 31:13, 24:7,26:3,27:18,
16:19
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Depo•Court Reporting Service (630) 983-0030
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opinion P1- 11 24:10,28:14, Pick(1]-25 15 I -42:7 1 8:2,8:24,31:11 reported fll-
27:15,29:14, 30:24 PICKERINGn1 process[51- reading(il- '�. 425
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36:24,37:2,37:4 13:17, 14:4, !, place(4)-4:14, 36:6,37:11 realize[11-22:8 424
opportunity[11- 14:22, 16:18 31:7,40:23, procured[il- really pl- reproduced 111-
1 39:24 pardon[11-52 42.10 16:24 24:13,25:8, 4220
order[61-3:3, parents ry1 plain(1]-23:13 ', properly[z]- 25:22,25:24, require(11-22:8
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11 28:18 38:9 z art -12:12,
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42:17 parties[2]- Plano ryl-31:10 provide(11- reasons(1]- 15:18, 15:19,
ORR[431-2:7, li 42:13,42:14 pledge(i)-3:17 22:23 39:6 16:13, 18:8,
3:1,3:12,3:19, party n]-37:16 Pledge(1)-3:18 provided[2]- receipt[21- 21:22,35:9,
4:11,4:13,5:6, pawn(1]-25:4 p[us(1)-11:11 9:21,37:20 12:21, 13:4 40:24
5:11,7:9,7:15, peoplensl- point[31-15:23, provides[1]- receipts[1]- requirement(7]
7:17,7:20,8:11, 19:24,20:1, 18:2, 31:5 14:14 4:14 -7:15,7:16, 10:1,
8:21,9:22, 12:7, 2011'20:12, points fzl-14:1, provision(3]- receives I11- 10:18, 11:14,
12:24, 13:24, 20:14,25:1,25:7, 21:12 10:10, 11:14, 5:19 7 13:10,33:18
14:10, 14:24, 1 26:20,26:21, 1 politica([il- 15:11 recent[2]-8:23, requirements
15:8, 18:12, 27:4,27:8,27:9, 1 17:14 Provisions[51- 9:23 !, [2]-4:18, 11:2
18:21,20.23, 29:14,3021, 1 politics[2]- 9:7 10:8 11'17, recommend p] requireslsl
21:2 22:1,32:5, 1 30:22,31:1.31:4, 26:15,29:20 11:18, 12,12 -40:10 4:20,8:9,8:19,
32:8,32:12, 39:5,39:9 portions[11- public[31-12:5 record(131- 1 9.21, 11:20, 12.8, 1,
32:15,32:24, 1 person 161-8:5, ! 14:24 1219, 1223 3:24,4:14,4:17, 14:16, 16:3, 1
33:12,33 20, 8:16,24 2 24.10, position[21- PUBLIC(1)-1:9 4:19,5:7 6:9, 40:24
33:23,34:5, , 24:11,282 8:6,20:8 Pul[[11-24:10 7:7,8:11, 12:19, requiring(2]-
34:10,34:14, personal 131- possibly[11- ( pulled[11- 32:19,40:20, 9:2, 11:14
35:5,37:16,38:8, 4:5,4:13,27:15 30:5 ; 24:11 40:22,41:3 research[1]-
40:15,40:20, ersonall [31- 1
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