IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

COUNTY DEPARTMENT, COUNTY DIVISION

METROPOLITAN WATER RECLAMATION )

DISTRICT OF GREATER CHICAGO, a unit )
of local government and a body corporate and )
politic, )
)
Plaintiff, )
)
v. )
)
DAVID ORR, in his official capacity, et al., )
)
)
Defendants. )

NOTICE OF MOTION FOR INITIAL CASE MANAGEMENT CONFERENCE

To: See attached Certificate of Service

PLEASE TAKE NOTICE THAT on Monday, September 24, 2018 at 1:30 p.m. the
undersigned shall appear before the Honorable Patrick T. Stanton or any judge sitting in his stead
in courtroom 1706 of the Richard J. Daley Center, 50 W. Washington St., Chicago, Illinois
60602, and then and there present the attached METROPOLITAN WATER RECLAMATION
DISTRICT OF GREATER CHICAGO'S MOTION FOR INITIAL CASE MANAGEMENT
CONFERENCE, a copy of which is attached and hereby served upon you.

Dated: September 21, 2018 Respectfully submitted,

METROPOLITAN WATER RECLAMATION

DISTRICT OF GREATER CHICAGO

By: 441 A
Susan T. Morakalis, Genal ounsel

Susan T. Morakalis (MorakalissAmwrd.or.g)

Lisa A. Goldberg (Goldbergl(mwrd.org)
Ellen M. Avery (Averye@mwrd.org)
100 E. Erie Street, Third Floor
Chicago, Illinois 60611
312.751.6570
Attorney ID: 28138
 CERTIFICATE OF SERVICE

Under penalties provided by law under section 1-109 of the Illinois Code of Civil
Procedure, the undersigned, a non- attorney, certifies that three copies of the foregoing NOTICE
OF MOTION and MOTION FOR INITIAL CASE MANAGEMENT CONFERENCE were
served upon:

David Orr
D.ORR@cookcountyil.gov

Board of Election Commissioners for the City of Chicago

cboeCi),chicagoelections.net

David J. Walsh
Djw312,ri'vgmail.com

R. Cameron M. Davis
Camdavis4us@gmail.com

Geoffrey Cubbage
SecretaryrcleALGP.org

Via electronic mail before the hour of 4:00 p.m., this 21st day of September 2018.
 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, COUNTY DIVISION

METROPOLITAN WATER RECLAMATION )

DISTRICT OF GREATER CHICAGO, a unit )
of local government and a body corporate and )
politic, )
)
Plaintiff, )
)
v. )
)
DAVID ORR, in his official capacity as )
Cook County Clerk, BOARD OF ELECTION )
COMMISSIONERS OF THE CITY OF )
CHICAGO, Manse! A. Hernandez Chairwoman, )
William J. Kresse, Commissioner/Secretary, and )
Jonathan T. Swain, Commissioner, DAVID J. )
WALSH, Metropolitan Water Reclamation District )
Commissioner, M. CAMERON DAVIS, a candidate)
for political office, and GEOFFREY CUBBAGE, )
a candidate for political office. )
)
Defendants. )

MOTION FOR INITIAL CASE MANAGEMENT CONFERENCE

Plaintiff, the Metropolitan Water Reclamation District of Greater Chicago, through its

General Counsel, Susan T. Morakalis, pursuant to County Department, County Division

Administrative Order 2017-6, hereby moves for an initial case management conference on its

Complaint for Declaratory Judgment and states as follows:

1. On Friday, September 21, 2018, Plaintiff, the Metropolitan Water Reclamation

District of Greater Chicago (the "MWRD") filed a Complaint for Declaratory Judgment. A copy

of the MWRD's Complaint for Declaratory Judgment is attached hereto as Exhibit A. This

matter has been assigned to Calendar 5 County Department, County Division.

2. Also on Friday, September 21, 2018, the MWRD placed the Complaint for

Declaratory Judgment with the Cook County Sheriff for service on all defendants.
 3. The MWRD respectfully requests an initial case management conference be held on

its Complaint for Declaratory judgment in this matter. The Clerk for the County Division has

advised that this matter may be heard on Monday, September 24, 2018 at 1:30 p.m. in Courtroom

1706.

WHEREFORE, Plaintiff, the Metropolitan Water Reclamation District of Greater

Chicago requests an initial case management conference on its Complaint for Declaratory

Judgment be held on Monday, September 24, 2018 at 1:30 p.m., and for such further relief as this

Court deems just and appropriate.

Dated: September 21, 2018 Respectfully Submitted,

THE METROPOLITAN WATER

RECLAMATION DISTRICT OF GREATER
CHICAGO

By: wi
Susan T. Mor alis, General ounsel

Susan T. Morakalis (Morakptis.(cTrnwrd.ox.g)

Lisa A. Goldberg (Goldberglrii;mwrd.org)
Ellen M. Avery (Averyc@mwrd.org)
100 E. Erie Street, Third Floor
Chicago, Illinois 60611
312.751.6570
Attorney ID: 28138

2
EXHIBIT A
 FILED
9/21/2018 11:12 AM
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS DOROTHY BROWN
CIRCUIT CLERK
COUNTY DEPARTMENT, COUNTY DIVISION
COOK COUNTY, IL
2018COEL000030
METROPOLITAN WATER RECLAMATION ) Calendar, 5
DISTRICT OF GREATER CHICAGO, a unit )
of local government and a body corporate and )
politic, )
)
Plaintiff,

v.
2018COEL000030
DAVID ORR, in his official capacity as
Cook County Clerk, BOARD OF ELECTION
COMMISSIONERS OF THE CITY OF
CHICAGO, Marisel A. Hernandez Chairwoman,
William J. Kresse, Commissioner/Secretary, and
Jonathan T. Swain, Commissioner, DAVID J.
WALSH, Metropolitan Water Reclamation District )
Commissioner, M. CAMERON DAVIS, a candidate)
for political office, and GEOFFREY CUBBAGE, )
a candidate for political office. )
)
Defendants. )

COMPLAINT FOR DECLARATORY JUDGMENT

Plaintiff, the Metropolitan Water Reclamation District of Greater Chicago, through its

General Counsel, Susan T. Morakalis, and for its Complaint for Declaratory Judgment against

Defendants, David Orr, Board of Election Commissioners for the City of Chicago, David J.

Walsh, M. Cameron Davis, and Geoffrey Cubbage, states as follows:

THE PARTIES

1. Plaintiff, the Metropolitan Water Reclamation District of Greater Chicago (the

"MWRD"), is a unit of local government and a body corporate and politic formed under Illinois

statute, 70 ILCS 2605/1 et seq., (the "MWRD Act"). The MWRD exercises the powers and

duties provided for by the MWRD Act within certain territorial limits. The MWRD's main

office complex is located in Cook County, Illinois.

 FILED
9/21/2018 11:12 AM
2. Defendant, David Orr (the "County Clerk"), is sued in his official capdp93-
IKGUIT CLERK N
COOK COUNTY, IL
of Cook County, Illinois. The County Clerk's office is located in Cook County, I1 linpa8COEL000030
Calendar, 5
3. Defendant, Board of Election Commissioners for the City of Chicago ("CBOE"), is a

unit of local government formed under the Election Code, 10 ILCS 5/1-1 et seq. (West 2018).

4. Defendant, David J. Walsh ("Commissioner Walsh"), currently sits on the MWRD's

Board of Commissioners. Commissioner Walsh is a resident of Cook County, Illinois.

5. Defendant, M. Cameron Davis, is a candidate for MWRD Commissioner at the

November 6, 2018 general election. On information and belief, Mr. Davis is a resident of Cook

County, Illinois.

6. Defendant, Geoffrey Cubbage, is a candidate for MWRD Commissioner at the

November 6, 2018 general election. On information and belief, Mr. Cubbage is a resident of

Cook County, Illinois

FACTS

7. In November 2014, Timothy J. Bradford ("Commissioner Bradford") was elected to

the MWRD's Board of Commissioners for a six-year term ending in November 2020.

8. On Friday, December 1, 2017, Commissioner Bradford died.

9. Section 3 of the MWRD Act provides in relevant part:

The election of [commissioners] shall be in accordance with the provisions of the general
election law.

By reason of the importance and character of the services performed by [the

MWRD], there is a great need and it is in the public interest that such services be
performed in as near a non-partisan character as possible.

When a vacancy exists in the office of [commissioner] of [the MWRD], the

vacancy shall be filled by appointment by the Governor until the next regular
election at which [commissioners] of [the MWRD] are elected, and thereafter
until a successor shall be elected and qualified. (70 ILCS 2605/3 (West 2018)).
 10. The MWRD Act does not define "the next regular election at which" MWRD

commissioners are elected. However, the MWRD Act provides that the election of

commissioners is to be in accordance with general election law. (See 70 ILCS 2605/3 (West

2018)).

11. The Election Code is the "general election law" of Illinois. (See 10 ILCS 5/1-1

(West 2018)).

12. Prior to December 1, 2017, three expiring MWRD Commissioner six-year terms and

one MWRD Commissioner two-year term were set to be up for election in the November 6, 2018

general election.

13. The two-year term is to fill another vacancy created after Cynthia M. Santos

resigned as MWRD Commissioner in December 2016 before her six-year term expired in

November 2020 (the "Santos Vacancy").

14. Under Article 7 of the Election Code, petitions for candidates seeking the

nomination of established political parties for the MWRD Commissioner terms at the March 20,

2018 primary election were to be filed between Monday, November 27, 2017 and Monday,

December 4, 2017. (See 10 ILCS 5/7-12(2) (West 2018)).

15. Commissioner Bradford died on Friday, December 1, 2017, but no established

political party candidates filed nominating petitions for Commissioner Bradford's seat on the

MWRD Board of Commissioners on or before the close of the filing period on December 4,

2017. Petitions were filed for the Santos Vacancy.

16. On January 4, 2018, the President of the MWRD's Board of Commissioners notified

the Governor of the vacancy created by Commissioner Bradford's death (the "Bradford

Vacancy").

3
 17. While the Election Code addresses how vacancies in other offices are filled, it

provides no specific procedure to identify the "next regular election at which" MWRD

commissioners are elected.

18. On or about January 11, 2018, the County Clerk determined that the Bradford

Vacancy would appear on the March 20, 2018 primary ballot.

19. Subsequently, the County Clerk accepted declarations of intent to become a write-in

candidate from any person interested in a political party's nomination to fulfill the Bradford

Vacancy.

20. At the March 20, 2018 primary election, Mr. Davis received the most write-in votes

for the Bradford Vacancy and the County Clerk and CBOE certified the results of the March 20,

2018 primary election, including the nomination of Mr. Davis as the Democratic Party nominee

for the Bradford Vacancy.

21. On March 23, 2018, pursuant to Section 3 of the MWRD Act, Governor Rauner

appointed David J. Walsh to the Bradford Vacancy and filed this appointment with the Illinois

Secretary of State. (A true and correct copy of the Governor's March 23, 2018 appointment is

attached hereto as Exhibit A). The Governor's appointment has an expiration date of "2020

General Election."

22. On or about June 4, 2018, the County Clerk received documents and allowed Mr.

Cubbage to appear on the November 6, 2018 general election ballot as the Green Party's

nominee for the Bradford Vacancy.

23. Mr. Davis and Mr. Cubbage appear on the County Clerk and CBOE's websites as

the two candidates running for the Bradford Vacancy in the November 6, 2018 general election.

(A true and correct copy of the candidates for the Bradford Vacancy from the County Clerk's

4
website is attached hereto as Exhibit B, and a true and correct copy of the candidates for the

Bradford Vacancy from the CBOE's website is attached hereto as Exhibit C.) The County Clerk

and CBOE now list the Bradford Vacancy as one of two MWRD Commissioner two-year

unexpired terms.

24. On information and belief, the County Clerk and CBOE certified Mr. Davis and Mr.

Cubbage as the candidates for the Bradford Vacancy in the November 6, 2018 general election.

25. Mr. Davis and Mr. Cubbage are the candidates in the November 6, 2018 general

election for the Bradford Vacancy that Governor Rauner has appointed Commissioner Walsh to

fill until November 2020.

CLAIM FOR RELIEF

26. The MWRD incorporates Paragraphs 1-25 above as though fully set forth herein.

27. Pursuant to the terms of Section 2-701 of the Code of Civil Procedure, 735 ILCS

5/2-701 (West 2018), this Court has the power to declare and adjudicate the rights and liabilities

of the MWRD and the Defendants under the MWRD Act and the Election Code, and to order

such further relief as is necessary to enforce the same.

28. The Governor appointed Commissioner Walsh to the Bradford Vacancy with an

expiration date of the "November 2020 General Election." (See March 23, 2018 Appointment,

attached hereto).

29. The County Clerk and the CBOE are holding an election for the Bradford

Vacancy at the November 6, 2018 general election. The County Clerk and the CBOE will certify

either Mr. Davis or Mr. Cubbage as the winner of the November 6, 2018 election for the

Bradford Vacancy.

5
 30. Under Section 3 of the MWRD Act, any commissioner elected to the MWRD

Board of Commissioners "shall take office on the first Tuesday after the first Monday in the

month following the month of their election..." (70 ILCS 2605/3 (West 2018)).

31. Following the MWRD Act, the County Clerk's certified winner of the election

contest for the Bradford Vacancy will likely claim this office on December 4, 2018. The next

regularly scheduled MWRD Board of Commissioners meeting after that commissioner would

take office is December 6, 2018.

32. Upon information and belief, on and after December 4, 2018, Commissioner Walsh,

based upon Governor Rauner's appointment, will continue to claim the right and privileges of the

Bradford Vacancy.

33. The MWRD must make adequate preparation for incoming commissioners

including preparing office space, completing personnel forms to ensure payment for service, and

providing access to MWRD properties and buildings.

34. The MWRD must also count the vote of the proper Commissioner for any Agenda

items at its December 6, 2018 Board of Commissioners meeting and at all subsequent public

meetings of the MWRD Board.

35. MWRD Commissioners typically vote on millions of dollars in expenditures at

regular Board Meetings. In December, the MWRD's over one billion dollar budget, including

the appropriation ordinance and tax levies for the following year, must be voted upon.

36. The MWRD will not be able to take the necessary steps or properly credit votes if

two individuals both claim right and attempt to occupy the same position on the MWRD Board

of Commissioners.

6
 37. As a result, this dispute requires immediate adjudication. Without a judgment or

order of this Court, the MWRD will suffer an injury due to the Defendants' past and imminent

actions.

38. This Court can resolve this controversy and avoid the untenable situation of having

two individuals claim one office by declaring the rights of the MWRD and Defendants under the

MWRD Act and the Election Code.

WHEREFORE, Plaintiff, the Metropolitan Water Reclamation District of Greater

Chicago, respectfully requests this Court to:

A. Determine and adjudicate the rights of the MWRD and the Defendants
under the MWRD Act and the Election Code;

B. Enter a declaratory judgment in accordance with the statutes of the State

of Illinois, construing the MWRD Act and the Election Code;

C. Determine whether the Bradford Vacancy should appear on the ballot at

the November 6, 2018 general election;

D. Declare that either: (1) the victorious candidate at the November 2018
general election will be entitled to Commissioner Bradford's former seat
on the MWRD Board of Commissioners from December 4, 2018 through
the November 2020 general election; or (2) Commissioner Walsh is
entitled to Commissioner Bradford's former seat on the MWRD Board of
Commissioners through the November 2020 general election, and no
election for that seat should take place in the November 2018 general
election; and

7
 E. Order such further relief as this Court deems just and appropriate.

Dated: September 21, 2018 Respectfully Submitted,

THE METROPOLITAN WATER

RECLAMATION DISTRICT OF GREATER
CHICAGO

By: S /44,44 are fff

Susan T. Mor alis, Gene ounsel

Susan T. Morakalis (Morakalissaanwrd.ore)

Lisa A. Goldberg (Goldbergl(i4mwrd.org)
Ellen M. Avery (Averycri/mwrd.org)
100 E. Erie Street, Third Floor
Chicago, Illinois 60611
312.751.6570
Attorney ID: 28138

8
Exhibit A
 STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
CAPITOL BUILDING, -207 STATE HOUSE
SPRINGFIELD, ILLINOIS 62706

BRUCE RAUNER FILED

GOVERNOR INDEX DEPARTMENT
MAR 2 $ 2018
• March 23, 2018
IN THE OFFICE OF
The Honorable Jesse White *SECRETARY OF STATE
Secretary of State
Index Division
111 East Monroe
Springfield, IL 62706

Re: Appointment of David J. Walsh

as a member of the Metropolitan Water
Reclamation District of Greater Chicago

Dear Secretary White:

Effective immediately on March 23, 2018 and upon filing of the Oath of Office with the
Secretary of State, I have made the appointment of the following person as member, who shall
execute the powers and discharge the duties vested in law in the office indicated.

NAME &ADDRESS SALARY EXP DATE FORMER MEMBER

David J. Walsh $70,000. 2020 General Timothy Bradford
616 W. Fulton Street Election
Apt. 307
Chicago, IL 60661

Sincerely,

3
;
)

Governor
Exhibit B
 9/21/2018 View All Candidates I Cook County Clerk's Office

Candidates
November 06, 2018 Gubernatorial General
Election

Read candidate statements by clicking on a candidate's name. Any candidate who submitted a
statement (/service/candidate-statement-tool) to the Clerk's office will appear as a blue hyperlink.

Click here for a list of candidate filings. (https://www.cookcountyclerk.com/content/candidate-filing)

Governor and Lieutenant Governor, State of Illinois 4 Year Term, Vote For 1

Candidate Name Party Ballot #

JB Pritzker & Juliana Stratton DEM 1

Bruce Rauner & Evelyn REP 2

Sanguinetti

Grayson Kash Jackson & LIB 3

Sanjeev Mohip

William 'Sam' McCann & Aaron CSV 4

Merreighn

Attorney General, State of Illinois 4 Year Term, Vote For 1

Candidate Name Party Ballot #

Kwame Raoul DEM 7

Erika Harold REP 8

Bubba Harsy LIB 9

Secretary of State, State of Illinois 4 Year Term, Vote For 1

Candidate Name Party Ballot #

Jesse White DEM 10

Jason Helland REP 11

https://www.cookcountyclerk.com/service/view-all-candidates 1/32
 9/21/2018 View All Candidates I Cook County Clerk's Office

Candidate Name Party Ballot #

Daniel Didech DEM 41

Karen Feldman REP 42

State Representative, 77th Representative District 2 Year Term, Vote For 1

Candidate Name Party Ballot #

Kathleen Willis DEM 41

Anthony Airdo REP 42

State Representative, 78th Representative District 2 Year Term, Vote For 1

Candidate Name Party Ballot #

Camille Lilly DEM 41

State Representative, 80th Representative District 2 Year Term, Vote For 1

Candidate Name Party Ballot #

Anthony DeLuca DEM 41

State Representative, 82nd Representative District 2 Year Term, Vote For 1

Candidate Name Party Ballot #

Tom Chlystek DEM 41

Jim Durkin REP 42

Commissioner, Metropolitan Water Reclamation District

6 Year Term, Vote For 3

Candidate Name Party Ballot #

Debra Shore DEM 51

Kari K. Steele DEM 52

Marcelino Garcia DEM 53

https://www.cookcountyclerk.corn/servicelview-all-candidates 16/32
 9/21/2018 View All Candidates I Cook County Clerk's Office

Candidate Name Party Ballot #

R. Cary Capparelli REP 54

Shundar Lin REP 55

Christopher Anthony GRN 56

Karen Roothaan GRN 57

Tammie Felicia Vinson GRN 58

Commissioner, Metropolitan Water Reclamation District (Unexpired

Term)
2 Year Term, Vote For 1

Candidate Name Party Ballot #

Kimberly Neely Dubuclet DEM 59

Rachel Wales GRN 60

Commissioner, Metropolitan Water Reclamation District (Unexpired

Term)
2 Year Term, Vote For 1

Candidate Name Party Ballot #

M. Cameron 'Cam' Davis DEM 61

Geoffrey Cubbage GRN 62

Board President, Cook County 4 Year Term, Vote For 1

Candidate Name Party Ballot #

Toni Preckwinkle DEM 71

Clerk, Cook County 4 Year Term, Vote For 1

Candidate Name Party Ballot #

Karen A. Yarbrough DEM 72

Sheriff, Cook County 4 Year Term, Vote For 1

https://www.cookcountyclerk.com/service/view-all-candidates 17/32

=I I
Exhibit C
 Metropolitan Water Reclamation
District Commissioners
Full 6-Year Term
Vote for not more than Three
51 Debra Shore Democratic Candidate

52 Kari K. Steele Democratic Candidate

53 Marcelino Garcia Democratic Candidate

54 R. Cary Capparelli Republican Candidate

55 Shundar Lin Republican Candidate

56 Christopher Anthony Green Candidate

57 Karen Roothaan Green Candidate

58 Tammie Felicia Vinson Green Candidate

Metropolitan Water Reclamation

District Commissioners
Unexpired 2-Year Term
Vote for One
59 Kimberly Neely Dubudet Democratic Candidate

60 Rachel Wales Green Candidate

Metropolitan Water Reclamation

District Commissioners
Unexpired 2-Year Term
Vote for One
61 M. Cameron "Cam" Davis Democratic Candidate

62 Geoffrey Cubbage Green Candidate

President of County Board

Vote for One
71 Toni Preckwinkle Democratic Candidate

Write-In Nonpartisan N/A

County Clerk
Vote for One

72 Karen A. Yarbrough Democratic Candidate

Thursday, September 13, 2018 Page 9 of 36