Following the municipal elections in November 2012, a mix of slates had won positions in Avon Township. From Avon Action, Lisa Rusch secured her position as supervisor and Chris Larson and Lisa DeLaMar became new trustees, although Larson separated himself from the Avon Action slate. From Avon Strong, William McNeill held his position as trustee, and Patricia Smart was to become the new clerk.
However, something strange happened. A couple of weeks into June, a mysterious vacancy for the clerk’s position was posted on the Avon Township website without explanation. Chris Larson mentioned in a comment in a Grayslake Patch article that Patricia Smart had submitted a letter of resignation at the June meeting. She was moving and would not be able to accept the position.
Following a highly contentious township campaign, the search for a successor was not to be a smooth one. According to an itemized bill from (former) township attorney Thomas V. Leverso, several hours were spent discussing the vacancy, including setting up a meeting with the State’s attorney’s office regarding potential perjury on the part of Patricia Smart.
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Perjury defined, in part, as willfully swearing a false oath. Whenever a candidate submits a petition to run for public office in Lake County, they must sign that they are residents of the area covered by the office. Patricia Smart, a 29-year resident and member of the library board, was accused of submitting her petition, knowing a move was imminent.
According to Jeanne Kearby, also of the Avon Strong slate, Patricia’s plans to move out of state only materialized after she received a job offer, following her swearing-in as clerk. The details of how the township decided to conclude their investigation are only known to those who attended the executive session in June. It seems, based on the naming of Jeanne Kearby as the new clerk at the July meeting, the matter has been resolved.
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Proving beyond reasonable doubt that Patricia Smart already planned to move before being elected would have been a difficult burden. How much was spent sorting out the legal issues surrounding the Avon Township clerk position?
During the period from May 9th through June 26th, 8.9 hours were billed from attorney Thomas Leverso. At a rate of $225.00 per hour, this amounts to just over $2,000 in total legal expenses. This was included as part of the attorney's monthly retainer fee.
The number itself is significant, considering the clerk’s position only pays $20,000 in salary for the entire year.
