v.
Colatorti
2022 IL App (2d) 220160 No. 2-22-0160 Opinion filed August 22, 2022 ______________________________________________________________________________
IN THE APPELLATE COURT OF ILLINOIS
SECOND DISTRICT ______________________________________________________________________________
WILLIAM BROGAN and JOEL BRUMLICK, ) Appeal from the Circuit Court Objectors, ) of McHenry County. ) Petitioners-Appellants, ) ) v. ) No. 22-MR-73 ) ANTONIO “TONY” COLATORTI, ) Candidate; SAMUEL J.H. WEYERS, ) STEVEN J. CUDA and LISLE STALTER, ) in Their Capacities as Members of the McHenry) County Officers Electoral Board; THE ) McHENRY COUNTY OFFICERS ) ELECTORAL BOARD; and JOE TIRIO, as ) McHenry County Clerk, ) ) Respondents ) ) Honorable (Antonio “Tony” Colatorti, Respondent- ) Kevin G. Costello, Appellee). ) Judge, Presiding. ______________________________________________________________________________
JUSTICE BIRKETT delivered the judgment of the court with opinion. Justices McLaren and Hudson concurred in the judgment and opinion.
OPINION
¶1 Petitioners, William Brogan and Joel Brumlick (objectors), appeal the order of the circuit court of McHenry County affirming the decision of respondent, the McHenry County Officers
Electoral Board (Electoral Board), denying the objectors’ objection to the candidacy in the June
28, 2022, Republican primary election for the office of sheriff of McHenry County of respondent, Antonio “Tony” Colatorti (candidate). On appeal, objectors argue that the candidate does not
2022 IL App (2d) 220160
possess the necessary qualifications for the office of sheriff so his name should not appear on the primary ballot. We affirm the circuit court’s judgment and the Electoral Board’s decision.
¶2 I. BACKGROUND
¶3 We summarize the relevant facts appearing in the record on appeal. On May 20, 1999, the candidate was issued a certificate from the Illinois Law Enforcement Training and Standards Board
(Training Board), which provided, relevantly, that he had fulfilled “all requirements as prescribed by Chapter 50 Paragraph 705/8.2 of the Illinois Compiled Statutes [(50 ILCS 705/8.2 (West
1998))] and is qualified as a Law Enforcement Officer Part-Time.” The candidate has been employed as a law enforcement officer but is currently designated as “inactive” by the Training
Board.
¶4 On March 7, 2022, the candidate filed his nomination papers to run for the office of Sheriff of McHenry County. In his statement of candidacy, the candidate represented that he was legally qualified to hold the office of Sheriff. The candidate did not include a certificate relating to his basic training in his nomination papers. [1]
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¶5 On March 21, 2022, the objectors filed a petition challenging the candidate’s qualifications for the office of sheriff, and specifically, whether he possessed a certificate demonstrating that he successfully completed the proper basic training as prescribed by the Training Board. Objectors argued that the part-time course that he had completed was not the “Minimum Standards Basic
Law Enforcement Officers Training Course” (Basic Training Course) specified in section 3-6001.5 of the Counties Code (55 ILCS 5/3-6001.5 (West 2020) (as amended by Pub. Act 101-652, § 25-
50 (eff. Jan. [1], 2022))), so the candidate did not possess the qualifications to hold the office of sheriff.
¶6 In prosecuting their objection, the objectors also challenged the composition of the Electoral Board. While they maintained this issue on judicial review before the circuit court, objectors have expressly abandoned it on appeal. The Electoral Board was eventually constituted and respondents, Samuel J.H. Weyers, Steven J. Cuda, and Lisle Stalter, were appointed as members of the Electoral Board for purposes of considering the objectors’ petition.
¶7 On March 28, 2022, the candidate filed a motion to strike and dismiss the objectors’ petition. On April 14, 2022, the Electoral Board denied the motion to strike and dismiss, deeming it to be “essentially a factual denial” and answer to the objectors’ petition. The Electoral Board then proceeded to an evidentiary hearing on the objectors’ petition.
¶8 The candidate testified that he was a certified law enforcement officer. He received his training at the North East Multi-Regional Training facility (NEMRT). He had served as police chief in Holiday Hills and Prairie Grove. According to the candidate, the only difference between full-time or part-time law enforcement officers was the hours each was permitted to work; both full- and part-time officers received the same training.
¶9 The candidate was questioned regarding a waiver request to be qualified as a full-time officer. The waiver was provisionally granted, but the candidate was required to successfully
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law enforcement officer. The candidate separated from the department before he completed the transition course and thus the waiver request was denied.
¶ 10 Objectors asked whether the Training Board had given the candidate a certificate showing that he had completed the Basic Training Course. The candidate explained that, based on the way the question was phrased, no such Basic Training Course certificate existed. Instead, the candidate possessed a certificate from the Training Board authorizing him to be a part-time law enforcement officer. In his opinion, the part-time law enforcement officer basic training certificate
demonstrated his successful completion of the statutorily required Basic Training Course. The candidate also noted that his coursework comprised the same number of hours as that for a full-
time officer. The candidate testified that he completed his training and passed the certification test, thereby earning his basic training certificate from the Training Board. The candidate stated that the full-time and part-time tests are the same.
¶ 11 The candidate also testified that his training course consisted of class work three days per week for a total of 16 hours a week. The candidate testified that the components of his course work followed consecutively, except for time off during a holiday break. The candidate acknowledged that the full-time course consisted of instruction five days a week for 10 weeks.
¶ 12 John Keigher, chief legal counsel for the Training Board, was qualified without objection as an expert witness on law enforcement training certification. Keigher testified that his duties include ensuring compliance with statutory requirements and interpreting statutes concerning law enforcement training requirements.
¶ 13 Keigher testified that, when the candidate was certified in 1999, both full-and part-time
officers were required to take 400 hours of courses (currently, law officer trainees, either full- or part-time, must take 560 hours of courses). Once the officer had completed training, he or she
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2022 IL App (2d) 220160 would take the certification examination. According to Keigher, there was no relevant difference between the examinations for full- and part-time officers, either in 1999 or at present. Keigher testified that there are seven approved academies that provide basic training to full-time law enforcement officers and four or five approved mobile training units that provide basic training to part-time officers. NEMRT, or Mobile Team 3 (the Training Board’s designation), is one such
entity approved to provide basic training for part-time officers. Both the full-time academies and the part-time mobile training units provide the same curriculum as specified in section 7 of the Illinois Police Training Act (50 ILCS 705/7 (West 2020) (as amended by Pub. Act 101-652, § 25-
40 (eff. Jan. [1], 2022))).
¶ 14 Keigher testified that the term, “Minimum Standards Basic Law Enforcement Officers
Training Course,” was nowhere defined in the administrative rules or the statutes. Keigher testified that, to complete a Basic Training Course (as that term is used in the Counties Code and Police
Training Act), an officer must engage in a basic law enforcement course that is offered through
either a full-time academy or a part-time mobile training unit. The certificate that is issued to the successful student does not expressly state that the officer completed the Basic Training Course even though, by completing the full- or part-time training, the officer in fact did complete the Basic
Training Course.
¶ 15 Keigher testified that, once an officer completes the Basic Training Course and passes the certification examination, he or she becomes a certified law enforcement officer. Keigher was
shown the certificate of the candidate and stated that he recognized it as “a certificate from the [Training Board] indicating completion of an academy and passage of the State’s Certification
Exam.” Keigher further opined that the certificate evidenced the candidate’s “successful completion of the [Basic Training Course.]”
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¶ 16 On cross-examination by objectors, Keigher testified that the method of delivery of the training differed between full- and part-time courses. Keigher explained that a full-time course would be “full time continuous” and accomplished within 6 months, and he agreed that the part- time course would be “a little more sporadic and protracted” and accomplished within 18 months.
On examination by the Electoral Board, Keigher reiterated that “the training curriculum for a full-
time police officer and a part-time police officer [was] basically the same.” Moreover, since 1996, when the training program was created, “the [Training] Board has held the commitment that the curriculum shall remain the same [between the full-time and the part-time courses].”
¶ 17 In the record are the Training Board certificates for the candidate and for the candidate’s opponent in the upcoming primary election, Robb A. Tadelman. The certificate awarded to
Tadelman, who trained and qualified as a full-time law enforcement officer, “certifies the fulfillment of all requirements as prescribed by Chapter 50 Paragraph 705 of the Illinois Compiled
Statutes and is qualified as a Law Enforcement Officer.” The certificate awarded to the candidate, who trained and qualified as a part-time law enforcement officer, “certifies the fulfillment of all
requirements as prescribed by Chapter 50 Paragraph 705/8.2 of the Illinois Compiled Statutes and is qualified as a Law Enforcement Officer Part-Time.”
¶ 18 At the conclusion of the evidentiary hearing, the Electoral Board deliberated. Board member Cuda considered the statutory language of sections 8.1 and 8.2 of the Police Training Act
(50 ILCS 705/8.1, 8.2 (West 2020) (as amended by Pub. Act 101-652, § 25-40 (eff. Jan. [1], 2022))), observing that, in section 8.2(c), the “part-time police training course referred to in this Section shall be of similar content and the same number of hours as the courses for full-time officers” (id.
§ 8.2(c)). Cuda recounted that Keigher “testified that the courses taken by [the candidate] were not just similar but were the same as the courses that were taken by—would be taken by someone who’s trying to become a full-time officer under Section 8.1.” Cuda reasoned that the substance
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of the candidate’s training should prevail over the form, explaining, “if they’re the same courses, and the purpose of the Act is to make sure that our candidates have some qualifications to serve in the capacity of Sheriff, then I don’t think it should really matter what we call those courses.” Cuda continued, observing that the Counties Code “refers to a certification attesting to successful completion of the minimum standard. Everyone here testified there is no such certificate.” Cuda concluded that, “at the end of the day, [the candidate] does have the certificate. He did complete.
He completed the same courses that [Tadelman] took.”
¶ 19 Board member Stalter first reasoned that the issue of the candidate’s inactive status was
not properly before the Electoral Board and should be rejected. Next, like Cuda, she noted that, while the Counties Code required “a certificate attesting to the completion of the minimum
Standards Basic Law Enforcement Training Course ***, there is no such certificate. Even the certificate of [Tadelman] doesn’t say that he completed the course.” Stalter endorsed Cuda’s reasoning and reached the conclusion that the candidate possessed the required training.
¶ 20 Board member Weyers noted that he “found Mr. Keigher’s testimony to be compelling.”
Weyers emphasized that Keigher had testified that the examinations for a full- and part-time officer were substantively identical, that the candidate was a licensed law enforcement officer regardless of his active or inactive status, and that the training between a full- and part-time officer differed only in its method of delivery. Weyers, too, concluded that the candidate possessed the proper qualifications for the office of sheriff.
¶ 21 The Electoral Board then issued its written determination:
“a. Based on the testimony of the Candidate and Mr. Keigher, the Candidate meets the qualifications required to run for Sheriff. The candidate [sic] has successfully completed the Minimum Standards Basic Law Officers Training Course as prescribed by the [Training Board], and has obtained the certificate required by [section 3-6001.5(4) of 220166
2022 IL App (2d) 220160 the Counties Code (55 ILCS 5/3-6001.5(4) (West 2020) (as amended by Pub. Act 101-652, § 25-50 (eff. Jan. [1], 2022)))];
b. The Objectors’ argument that the Candidate’s ‘inactive’ status as reflected on the [Training Board’s] website was waived because such argument was not included in the Objection to the Nominating Petition; and c. Any other findings of the Electoral Board are included in the record.”
The Electoral Board denied the objectors’ petition and determined that the candidate’s name shall remain on the ballot for the June 28, 2022, Republican primary election.
¶ 22 On April 19, 2022, objectors filed a timely petition for judicial review. Before the circuit court, objectors again argued that the candidate was not properly qualified for the office of sheriff
because he had not completed the Basic Training Course because the course completed by the candidate was not continuous and full time. [2] Following the parties’ briefing of the matter, on May
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11, 2022, the parties argued before the circuit court. On May 13, 2022, the circuit court affirmed the Electoral Board’s decision. On the same day, objectors filed their notice of appeal. On May
19, 2022, objectors filed an agreed motion to accelerate this appeal pursuant to Illinois Supreme
Court Rule 311(b) (eff. Jul. [1], 2018), and, on May 20, 2022, we granted the motion, and we allowed the parties to submit memoranda instead of formal briefs.
¶ 23 II. ANALYSIS
¶ 24 On appeal, objectors challenge the decision of the Electoral Board denying their petition.
Objectors’ argument consists of two components: first, objectors contend that the candidate did not complete a proper Basic Training Course, so he does not possess the correct certificate under the Counties Code. Second, objectors argue that the candidate’s inactive status also invalidates his candidacy. From these two main arguments, objectors conclude that the candidate submitted a false statement of candidacy that invalidates his nomination papers. We consider the contentions in turn.
¶ 25 A. Standard of Review
¶ 26 As an initial matter, we consider our standard of review for this appeal. An electoral board
considering an objection to a candidate’s nomination is deemed an administrative agency, and argue that the candidate’s inactive status should operate as a bar to his candidacy. While not violative of applicable rules here because objectors submitted a memorandum in lieu of a formal appellate brief, objectors asserted, as a factual matter, that the issue of inactive status was properly raised before the circuit court, citing broadly to the entirety of two pleadings in the circuit court.
This had the effect, even if not intended, of obscuring our ability to assess the accuracy of the factual assertion and, even under the relaxed standards of a memorandum in lieu of a brief, is disfavored.
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judicial review of an electoral board’s decision proceeds according to the principles of administrative review. Cinkus v. Village of Stickney Municipal Officers Electoral Board, 228 Ill.
2d 200, 209-10 (2008). The particular standard of review depends on the type of question presented by the administrative decision: a question of fact, a question of law, or a mixed question of fact and law. Id. at 210. Further, we review the agency’s decision, not that of the circuit court. Id. at
212.
¶ 27 The administrative agency’s findings of fact are deemed prima facie true and correct. Id.
at 210. The reviewing court does not reweigh the evidence or substitute its judgment for the agency’s. Id. The reviewing court is limited to considering whether the agency’s factual determination is against the manifest weight of the evidence, meaning the opposite conclusion is clearly evident. Id.
¶ 28 For a question of law, the reviewing court no longer defers to the agency. Id. Instead, a question of law is review de novo. Id. Additionally, for legal questions, we apply the appropriate
principles to the question posed. In this case, we are called upon to interpret several statutes and administrative rules. In such an instance, we ascertain and give effect to the legislative intent, and the best indication of the legislative intent is the language employed in the statute given its plain and ordinary meaning. Zurek v. Petersen, 2015 IL App (1st) 150508, ¶ 18. Clear and unambiguous statutory language will be applied as written without resort to other principles of statutory construction. Id.
¶ 29 A mixed question of fact and law presents a situation in which the historical facts are established, the rule of law is undisputed, and the issue is whether the facts satisfy the statutory standard, or, in other words, whether the rule of law as applied to the established facts is or is not violated. Cinkus, 228 Ill. 2d at 211. For the mixed question of fact and law, the reviewing court reviews whether the agency’s decision is clearly erroneous. Id. An agency’s decision is clearly
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2022 IL App (2d) 220160 erroneous when the reviewing court is left with the definite and firm conviction that a mistake has been committed. Id. With these principles in mind, we turn to the objectors’ contentions on appeal.
¶ 30 B. Basic Training Course and Certificate
¶ 31 Objectors’ initial contention is that the candidate did not complete the Basic Training
Course and does not possess the correct certificate of law enforcement training to qualify for the office of sheriff. To understand this contention, we must first delve through the relevant statutory and administrative authority.
¶ 32 As an initial matter, section 3-6001.5 of the Counties Code (55 ILCS 5/3-6001.5 (West
2020) (as amended by Pub. Act 101-652, § 25-50 (eff. Jan. [1], 2022))) was amended effective
January 1, 2022, to add subsection 4 to the provision, adding a new requirement to the qualifications to be elected or appointed to the office of sheriff. Section 3-6001.5 currently provides:
“A person is not eligible to be elected or appointed to the office of sheriff, unless that person meets all of the following requirements:
(1) Is a United States citizen.
(2) Has been a resident of the county for at least one year.
(3) Is not a convicted felon.
(4) Has a certificate attesting to his or her successful completion of the Minimum Standards Basic Law Enforcement Officers Training Course as prescribed by the Illinois Law Enforcement Training Standards Board or a substantially similar training program of another state or the federal government.
This paragraph does not apply to a sheriff currently serving on the effective date of this amendatory Act of the 101st General Assembly.” Id.