DeKalb considers city clerk referendum on November election ballot

DeKALB — The DeKalb City Council on Monday will consider whether to place a referendum on the November ballot asking voters whether the city clerk position should be appointed rather than elected.

The move comes months after a judge ruled that Clerk Sasha Cohen had been ineligible to serve, ousting him from his post in March following years of allegations that Cohen had failed to adequately fulfill the duties voters elected him to do in 2021.

DeKalb voters could be asked about the fate of their office for a third time in November, if the City Council decides to put the question to a vote. On Monday, the council will be asked to decide whether it wants a referendum and, if so, how the question should be posed.

( Judge fires DeKalb city clerk, who was often absent )

City staff proposed two potential ways to phrase a clerk-to-voter referendum:

1. Should the DeKalb City Clerk be appointed rather than elected?

2. Should the City of DeKalb abolish the position of City Clerk?

A majority vote of the City Council is needed Monday to refer a public question for the November election to DeKalb County election officials, city documents show.

The November 2006 and November 2012 referendums also asked DeKalb voters whether they preferred an appointed clerk over an elected one. In each case, the question asked whether the city clerk should be appointed by the mayor with the council’s approval. Both times, voters said no, according to election records from the DeKalb County Clerk and Recorder’s Office.

In anticipation of the vote, city staff wrote in documents released before the meeting that if a referendum passes, it could save money. The salary for the part-time elected clerk is set at $8,000. City staff said if an elected clerk is no longer needed, that money could be used to help increase the compensation of other elected officials whose terms expire in the spring of 2025.

When Chief Circuit Court Judge Bradley Waller ruled that the DeKalb city clerk had abandoned his position, Cohen also lost his claim to pay, his municipal email privileges and all other municipal obligations. DeKalb County Attorney David Berault, representing the county clerk and recorder’s office, had argued that Cohen had violated the Illinois Government Ethics Act and repeatedly ignored his duty to DeKalb voters.

The former elected clerk’s record during his tenure has come under scrutiny from city officials. City officials said Cohen’s municipal neglect was offset by a longtime city employee, Ruth Scott, who has worked since 2014 as deputy city clerk and then as recording secretary. In her role, Scott performed many of the same tasks that fall within the purview of an elected clerk.

Filing a referendum for the November election is required no later than August 19.

The neighboring town of Sycamore will also put the question to voters in November. In April, the Sycamore City Council approved a referendum asking voters whether they prefer an elected or appointed clerk. Sycamore Mayor Steve Braser has said he supports an appointed clerk.

Remuneration of elected officials

At Monday’s council meeting, city leaders will also consider setting elected officials’ compensation, documents show.

Under state law, elected officials’ compensation cannot be increased or decreased during a term. However, a change in compensation can be made 180 days before the start of a new term. Under Illinois Municipal Code, a term begins with the first regular meeting or special session of the corporate authorities.

The 180-day period for elections for aldermen in the second, fourth, fifth and sixth districts in the spring of 2025 will end Oct. 3, according to city documents. The council will have to set future compensation for those aldermen seats before that date.

Currently, city officials are paid varying amounts based on their work, city documents show. The mayor is paid $22,500, the city clerk has a budget of $8,000 and council members earn $5,400 a year.

If the City Council decides to put the clerk to a referendum on the November ballot, DeKalb City Manager Bill Nicklas recommended the council also remove the salary of an elected clerk from the city budget, documents show. He also recommends an annual raise for elected officials, which he said should be adjusted to reflect the cost of living.

The first draft budget for fiscal year 2025 is expected to be released in August.

If DeKalb voters support the creation of an appointed clerk position in November, the council can amend the budget regarding the appointed clerk’s salary, city documents show.

“If the referendum fails, zero funding will discourage unqualified and insincere candidates like Sasha Cohen,” city staff wrote.