Want Candidates for DeKalb City Clerk? The First Step is to Restore the Compensation

If you are a resident of City of DeKalb, this post is for you – especially if you voted in the General Election of 2012.

DeKalb has an at-large city clerk elected by the people, despite at least two referendums over the past decade asking to switch to an appointed clerk. The latest question came in the fall of 2012, when 70.49% of voters rejected a referendum to allow the city to appoint the clerk.

Afterward, the city approved a compensation ordinance that slashed the pay from $60,000 to $5,000 per year for the clerk who was to be elected in municipal elections in 2013 for a four-year term.

The consequences have been devastating in the view of anyone who values the will of the voters. In the municipal election of 2009, when the clerk still had full-time compensation and duties, there were four candidates on the ballot; but in 2013, there were no candidates on the ballot, only write-ins. Then the write-in candidate who was elected in spring of 2013 resigned in the fall of 2014. Following that, there was a gap of several months when no clerk was serving, and then a write-in clerk candidate for the April 2015 election who secretly dropped out of the race sometime before Election Day. Three appointments to the office were made in 2015 alone. Continue reading Want Candidates for DeKalb City Clerk? The First Step is to Restore the Compensation

Forget What You’ve Heard about Steve Kapitan’s Resignation as City Clerk

***Update 5:45 p.m.*** The Facebook discussion on this post is here.

I’m going to ask you to set aside for a few moments everything you’ve heard about why Steve Kapitan resigned as DeKalb city clerk in 2012. Instead, I’d like for you to entertain the possibility that he was a casualty of a DeKalb city government intent on exchanging its elected city clerk for an appointed clerk for quite some time. Continue reading Forget What You’ve Heard about Steve Kapitan’s Resignation as City Clerk

DeKalb Voters Think City Clerk is an Elected Office. DeKalb’s Ordinances Say Otherwise

We know from our recent examination of the doctrine of incompatible offices that compromising the loyalty of an elected officer is prohibited. A person holding elected office cannot hold any other role — as employee, appointee, or a second elected office — that could reasonably be expected to conflict, or even appear to conflict, with the first elected office. A person occupying elected office has one loyalty, and that’s to the electorate. Nobody else is the elected person’s boss.

In DeKalb government, this is true of city council members and the city clerk. Both are elected positions and nobody should buy the story that any of these elected officers are also employees of the municipality, for to do so invites perversion of the original intent of an elected office.

As we saw in the post about incompatible offices, however, DeKalb holds itself to no such standard, but instead chooses to create confusion by pretending that the city clerk’s position comprises a dual role, that of officer and employee at the same time.

Moreover, some of the offenses committed against the doctrine of incompatible offices are way worse than the confusion sown verbally by city staff. For reasons we will examine at a later date, the corporate authority (city council) of DeKalb has in recent years approved ordinances in line with an appointed clerk instead of an elected one. In a very real way, the corporate authority has usurped the statutory powers placed with the elected city clerk and vested them in the city manager. Continue reading DeKalb Voters Think City Clerk is an Elected Office. DeKalb’s Ordinances Say Otherwise