means for the protected classes to enforce the Decree while maintaining
privacy as to how one casts one's ballot.
Neither are the provisions of the Decree for interim exemptions
inappropriate. The Judgment provides that the Court's jurisdiction is
retained to determine which positions should be exempt from the Decree.
Exemptions are necessary in order to ensure that prevailing candidates
are able lawfully to direct the policies of the governmental office to
which they are elected. The Decree provides for interim exemptions from
its provisions, until defendants establish which positions need
permanently to be exempted. For the County officers, the Decree provides
exemptions for private secretaries, executive heads of departments and,
in total, up to 125 additional positions. The additional positions are to
be designated by the governing board of the County, its Board of
Commissioners. This technique of dealing with exemptions for County
officers was necessitated precisely because those officers defaulted in
requesting exemptions from the decree. No County officer has ever filed a
petition for a single position to be exempt. In light of the County
officers' failure to seek exemptions, the provisions of interim
exemptions are eminently reasonable. Likewise, the Central Committee's
argument that the number of interim exemptions is too small is without
merit in light of defendants' failure to petition the Court for
additional interim exemptions.
Defendant Forest Preserve District's contention that it has been denied
an opportunity to defend itself is frivolous. Defendants' argument that
the Court erred in granting plaintiffs summary judgment on liability is
equally without merit.
Finally, three minor aspects of the Court's April 4, 1983 Judgment are
amended as follows:
In Paragraph C of the April 4, 1983 Judgment Order, the following
defendants are deleted; City of Chicago; Jane M. Byrne, individually and
as Mayor of the City of Chicago; Chicago Park District; Richard J.
Elrod, individually and as Sheriff of Cook County, Illinois; Morgan M.
Finley, individually and as Clerk of the Circuit Court of Cook County,
Illinois; Edward J. Rosewell, individually and as Treasurer of Cook
County, Illinois. These defendants have entered into separate consent
(1) In Paragraph L, line 13, of the April 4, 1983 Judgment Order, the
word "member" is deleted. Since any person who votes in an Illinois
primary is technically a "member" of a political party, it will be
sufficient to require defendants to submit affidavits of compliance which
report all direct or indirect recommendations or sponsorships from "a
political party official, employee or agent."
(2) In Paragraph M of the April 4, 1983 Judgment Order, the phrase
"years 1983 through 1992" is amended to read "years 1984 through 1992."
For all of the above reasons, defendants' motions to alter or amend
judgment are granted in part and denied in part.
IT IS SO ORDERED.
© 1992-2003 VersusLaw Inc.