Discussion over whether the term limits referendum approved by River Forest residents in April was binding or advisory resumed at the June 9 meeting of the village board but no resolution was reached which left two village trustees frustrated.
River Forest resident Sue Foran, who in December 2024 submitted the petitions placing the referendum on the April ballot, raised the issue during the citizen comments portion of the meeting before Trustees Erika Bachner and Katie Brennan continued the discussion at the board table.
“The question is whether the referendum was binding or advisory,” said Lance Malina, the village attorney, in response to a question from Bachner. “The actual issue was vague and unclear,” he said. Malina works for the Chicago-based law firm Klein, Thorpe and Jenkins.
The language of the referendum question that asked residents to vote for or against term limits was specific:
“Shall the Village of River Forest, after the April 1, 2025, Consolidated Election, enact term limits for the elected offices of Village President, Village Clerk, and the six (6) Village Trustees for no more than two (2) four-year (4-year) terms total as follows: for each of three (3) Trustees beginning with the April 3, 2027, Consolidated Election, and for the Village President, Village Clerk, and three (3) Trustees starting with the April 6, 2029, Consolidated Election?”
The Yes votes totaled 52.51%, compared to 47.49% for the No votes.
The petition language showed that while the title of the document stated, “Petition for River Forest Binding Referendum,” the language in the subsequent paragraph said that “the following advisory question of public policy be placed on the ballot and submitted to the voters of River Forest for their approval or disapproval, by referendum at the Consolidated Election to be held on April 1, 2025.”
In response to a question from “super perplexed” Brennan, Malina said, he was not aware of a similar set of circumstances in Illinois.
“It’s not clear in my opinion whether the referendum was binding or advisory,” he added, noting that then-village Clerk Jonathan Keller submitted the referendum question to Cook County election officials despite being advised not to do so.
“The clerk chose not to interpret whether it was one or the other and just sent it in as is,” Malina said. “The clerk was advised to not send it in at all. The clerk sent it in and it was run by the county.”
“What do you recommend that we do?” Brennan asked.
“Nothing,” Malina responded.
“Somebody should be able to determine one way or another,” Bachner said.
“It was our opinion that the question should not have been certified,” Malina said.
Bachner and Brennan said they both felt “uncomfortable” with the situation and Brennan asked Malina to provide his firm’s legal opinion in writing.
Other officials stated that the opinion written by Scott Uhler of Klein, Thorpe and Jenkins already had been distributed but Brennan said she had not received a copy. Uhler handles election-related issues for River Forest and other municipalities.
“This was all established before the clerk certified the referendum,” Village President Cathy Adduci said. “The board was privy with the question of whether the referendum was binding or advisory.”
She said she would make copies available to all trustees, including the recently elected Trustee Megan Keskitalo.
Keskitalo, attending her first full village board meeting since being elected, said she agreed with Bachner and Brennan.