Board leads Village into “uncharted waters”
The Village Board is heading into “uncharted waters” on its course to remove Zoning Board of Appeals Chairman Tom Nelson, according to Robert Bush, the special counsel hired to consult the trustees on Nelson’s removal. Bush, from the firm of Ancel Glink
Diamond Bush DiCianni and Krafthefer, appeared before the board to answer questions about the controversial Oct. 30 public hearing, at which trustees would “determine whether cause exists to remove Nelson from the Zoning Board of Appeals.” A formal
statement of hearing procedures was approved by trustees and signed by Village President Mike Woerner, who will also chair the hearing.
Dated Oct. 16, the statement also mentions that Mr. Nelson had not yet received a copy of the allegations of “misconduct constituting cause for removal from office,” but that he would so “shortly”. The statement further requires all documents and witness lists to be submitted to the Board and their attorneys by Oct. 26, leaving Mr. Nelson scant time to react to the charges and to prepare for the hearing.
General charges against Chairman Nelson, which were published on October 10 after the public hearing was called, include: “the failure to respond to a July 17, 2007 Freedom of Information Act (FOIA)” request from Foxford LLC, developers of the “Hinsdale Club”; “improper adoption of Rules and Procedures”; and an accusation that the ZBA Chair “entertained - for roughly five months - an ill-conceived residents’ appeal of the Village Board’s Ordinance approving the Hinsdale Club development.”
Citing applicable sections of the Hinsdale and Illinois municipal codes, which authorize the removal of appointed ZBA members, the statement of hearing procedures claims that the hearing will be conducted in the manner of a trial in a court of law, but that the “rules of evidence applicable in court are not strictly applicable here.” The proceedings will be transcribed by a certified court reporter; however, there is no mention of whether they would be televised on Channel 6, as recent board and committee meetings are.
The rules state that, “While [the hearing] may be open to the public, as in the case of a judicial trial, no member of the public has any right to testify or otherwise speak in this hearing, unless called to testify under oath by Mr. Ruffalo or Mr. Nelson.” The hearing will be subject to the Illinois Open Meetings Act, although, the statement cautions, the public hearing “could be entirely closed to the public” because it concerns a “personnel matter”, a distinction made by Trustee Vic Orler at the Oct. 16 board meeting.
Supporters of Tom Nelson encourage all residents concerned about good government to attend the Public Hearing on Oct. 30 at 7 p.m. at Memorial Hall.