D122 Member Kathy Miller Pursues FOIA: Related Materials Per Ouster from Ballot

The latest action in the New Lenox School District 122 April Election comes today with a legal request for records from Board Member Kathy Miller's attorney.

The early January objection to Miller's petition sparked a firestorm that led to an outcry when she was temporarily kicked off the ballot and later put back by Will County Judge John Anderson.

But today, Miller's attorney filed a Freedom of Information Act request for all documents and other recorded information, including personal cell phones and emails, related to the filing of objections to Miller's petition. Specifically, the request names Board Members Maureen Broderick and Sue Smith. The request also lists New Lenox's Nikki Sanders for her role in presenting the objection as her own and the events leading up to the Jan. 11 Election Board hearing.    

Miller would not comment on the FOIA request, referring the matter instead to her lawyer. Attorney Mike Foley, of Chicago, said the FOIA requests specifically identified Broderick and Smith, both of whom were key in getting Miller kicked off the ballot for what has been described as minor clerical errors on her petition. Already, all related materials have been gathered from the school district, he said.

The FOIA request came as part of a statement in which Broderick is said to have "engineered the entire proceeding. Thereafter, contrary to the express advice of the Board's capable counsel, Ms. Broderick and her crony Sue Smith voted to strike Ms. Miller's election petitions. This required Ms. Miller to sue the Election Board in state court which in short order overturned Ms. Broderick and Smith's lawless attempt to fix an election…."  

The notary error on the petition was determined on Jan. 28

Patch has not received comments from Broderick or Sanders. However, Smith provided a statement.

"I am astounded that this attorney accused me of unlawfulness. I did nothing unlawful. I did my duty and I am fine with the outcome. As I stated before, this whole matter should go away so the board can focus on doing what we were elected to do.

"If Mrs. Miller and Mrs. Broderick  has a vendetta against each other and are willing to spend taxpayers' money to accomplish it, maybe they both should go way and let the board conduct the people's business."

Federal Court Matter

Foley said if the FOIA requests turn up questionable information, then the next step is a civil suit based on a violation of due process related to civil rights. The individuals named in the suit would be responsible to foot the bill, if Miller were to win. "We'll know soon," if there is evidence worth pursuing a civil matter against Broderick, Miller and Sanders.

The case would be heard in Chicago's Dirksen Building—United States District Court Northern District of Illinois.

Related Coverage:

• D122 Union Asks for Support in Possible 'Unfair Labor Practices' Against Broderick
• Judge Rules D122 Member Kathy Miller Back on April Ballot (UPDATE)
• D122 Member Kathy Miller Kicked Off April Election Ballot
• Anonymous Tip Led to D122 Petition Objection (UPDATE)
• Candidate Petition for New Lenox School District Challenged; Hearing Set for Friday
• D122 Board President Says Fellow Member Was Behind Kathy Miller Objection

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