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FOURTH DIVISION

                                                                                                                        November 17, 2005

No. 1-04-3014

ROXANNE BROWN, in her individual capacity and as a resident    )          Appeal from the

and taxpayer of Bellwood School District 88, Cook County,             )          Circuit Court of

Illinois, and as a member of the School Board of Bellwood School    )          Cook County

District 88; ERIKA OROZCO, in her individual capacity and as       )

a resident and taxpayer of Bellwood School District 88, Cook          )

County, Illinois, and as a member of the School Board of Bellwood  )

School District 88; and, CHARLES BAXTER, a resident and          )

taxpayer of Cook County, Illinois,                                                    )

                                                                                                       )

            Plaintiffs,                                                                             )

                                                                                                       )

v.                                                                                                    )         No. 04 CH 4561

                                                                                                       )

JEANNETTE JOHNSON, in her official capacity as a member       )

of the School Board of Bellwood School District 88; JOHN            )

WICKS, in his official capacity as a member of the School Board    ) 

of Bellwood School District 88; TOMMY MILLER, in his              )

individual capacity and as a member of the School Board of )          )

Bellwood School District 88; ANTONNETTE DORRIS, in her      )          

individual capacity and as a member of the School Board of )          ) 

Bellwood School District 88; EMANUEL WELCH; and THE        )

BELLWOOD SCHOOL DISTRICT 88 BOARD OF                   )

EDUCATION,                                                                              )

                                                                                                      )

            Defendants                                                                         )

                                                                                                      )

(Marilyn Thurman and Robert Ingraffia,                                           )

                                                                                                      )

            Respondents in Discovery;                                                  )

                                                                                                      )

The Bellwood School District 88 Board of Education,                     )

                                                                                                      )

            Counterplaintiff-Appellee;                                                   )

                                                                                                      )

Roxanne Brown and Erika Orozco,                                                )

                                                                                                      )

            Counterdefendants;                                                            )

                                                                                                      )

Robert Ingraffia,                                                                             )          The Honorable

                                                                                                      )          Aaron Jaffe,

            Intervenor-Appellant).                                                        )          Judge Presiding. 

            JUSTICE GREIMAN delivered the opinion of the court:

            Plaintiffs-counterdefendants Roxanne Brown, Erika Orozco and Charles Baxter(collectively, plaintiffs) brought suit against defendants-counterplaintiffs Jeannette Johnson, JohnWicks, Tommy Miller, Antoinette Dorris, Emanuel Welch and the Board of Education ofBellwood School District Number 88 (individually, the Board) (collectively, defendants) allegingthat defendants violated constitutional and common law when they found that neither Brown norOrozco lived in District 88 and declared that Brown’s and Orozco’s positions as members of theBoard had been vacated, and seeking declaratory and injunctive relief. Defendants filed acounterclaim for declaratory judgement that the Board was entitled to find that facts existed thatgave rise to vacancies on the Board and to fill the vacancies. Robert Ingraffia, in his officialcapacity as the superintendent of educational services for the region of suburban Cook County,intervened on behalf of plaintiffs. The trial court granted defendants’ counterclaim and furtherfound no just reason to delay enforcement or appeal of its order. Plaintiffs and Ingraffia appealed. Plaintiffs dismissed their appeal. On appeal, Ingraffia contends that the trial court erred in findingthat the Board was entitled to determine whether facts existed giving rise to vacancies.

            On March 15, 2004, plaintiffs filed their complaint in which they alleged that Brown andOrozco were each elected members of the Board and that each permanently resided within theboundaries of District 88. Baxter was a taxpayer and resident of Cook County. DefendantsJohnson, Wicks, Miller and Dorris were also Board members. Defendant Welch was the Board’sattorney. Plaintiffs alleged that on March 4, 2004, Wicks telephoned Orozco and informed herthat she had until the end of the day to resign her position on the Board. At the March 8, 2004,Board meeting, a closed session was called. During the closed session, Welch distributed anopinion letter he had written to Johnson. In the letter, Welch explained that Wicks had received apackage containing documents that purportedly showed that Brown and Orozco were notresidents of District 88. Welch had examined the allegations that Brown and Orozco were notresidents and had concluded that Brown and Orozco had vacated their seats on the Board. Intheir complaint, Brown and Orozco claimed to have first learned of the allegations during theMarch 8, 2004, closed session. Brown and Orozco were asked to respond to the allegationscontained in the letter. Instead, they expressed their opinion that the closed session was illegaland indicated that they wished to speak with their attorneys before responding to the allegations. Brown and Orozco were not permitted to consult their attorneys. Thereafter, the public sessionwas reconvened and Johnson, Wicks, Dorris and Miller voted in favor of declaring Brown’s andOrozco’s seats on the Board vacant. During the public session, Baxter asked permission toaddress the Board on a “matter of public concern” but his request was refused.

            Plaintiffs’ complaint alleged that the defendants had violated Brown’s and Orozco’s dueprocess rights; had conspired to deprive Brown and Orozco of equal protection, privileges andimmunities guaranteed by the United States Constitution; had violated Brown’s, Orozco’s, andBaxter’s freedom of speech; and had intentionally inflicted emotional distress on Brown andOrozco. The complaint further asked that the court enter declaratory judgment that the Board didnot have the authority to declare vacancies and that Brown and Orozco were members in goodstanding; direct defendants to recognize Brown and Orozco as members in good standing; andenter an order prohibiting defendants from filling the alleged vacancies.

            The trial court found that Brown’s and Orozco’s due process rights had been violated andentered a preliminary injunction preventing defendants from removing Brown and Orozco fromthe Board. According to the parties’ attorneys’ statements during oral arguments, Brown andOrozco were permitted to serve the remainder of their terms as Board members and were notreelected to these positions.

            Defendants filed a counterclaim for declaratory judgment, asking the court to declare thatpursuant to the School Code (105 ILCS 5/1-1 et seq. (West 2004)) and the Election Code (10ILCS 5/1-1 et seq. (West 2004)), the Board was the entity authorized to determine whether thefacts that give rise to vacancies on the Board existed and the Board was the entity authorized toappoint replacements to vacant positions.

            Ingraffia filed a petition to intervene, which was granted, and an answer to defendants’counterclaim for declaratory judgment. Each party submitted a memorandum of law on the issuesraised in defendants’ counterclaim.

            Following a hearing on the counterclaim, on May 12, 2004, the trial court enteredjudgment in favor of defendants, finding that “[t]he intent of the legislature is clear; it is the Boardwho has the authority to fill a vacancy and the Board who determines the facts that give rise to avacancy.” On August 26, 2004, the court granted Ingraffia’s and plaintiffs’ motions for aSupreme Court Rule 304(a) finding and found no just reason to delay enforcement or appeal of itsMay 12, 2004, order. 155 Ill. 2d R. 304(a). Ingraffia and plaintiffs appealed. Upon plaintiffs’own motion, their appeal was dismissed.

            On appeal, Ingraffia contends that the trial court misinterpreted the School Code and theElection Code in finding that the Board was entitled to determine whether facts existed that gaverise to a vacancy. Instead, Ingraffia suggests, the resident superintendent is the only partyauthorized to make such a determination.

            At the outset, we note that, though the parties did not raise the issue of mootness in theirbriefs, the issue was addressed during oral arguments. Both parties conceded, and we agree, thatthe issue raised in this appeal is moot because the trial court found that Brown and Orozco’s dueprocess rights were violated and enjoined the Board from declaring their seats on the Boardvacant. The injunction remained in place while Brown and Orozco served the remainders of theirelected terms on the Board. See People ex rel. Hartigan v. Illinois Commerce Comm'n, 131 Ill.App. 3d 376, 378 (1985) ("[a]n issue is moot where no actual rights or interests of the partiesremain or where events occur which render it impossible for the reviewing court to grant effectualrelief to either party"). Nonetheless, Ingraffia urges us to consider the issue because it involves asubstantial public interest.

            A court may resolve an otherwise moot issue if the issue involves a substantial publicinterest. Bonaguro v. County Officers Electoral Board, 158 Ill. 2d 391, 395 (1994). In order tofall into the public interest exception (1) the question must be of a public nature; (2) anauthoritative determination of the question must be desirable for the purpose of guiding publicofficers; and (3) the question must be likely to recur. Bonaguro, 158 Ill. 2d at 395. All threefactors must be clearly shown in order for an issue to fall into the public interest exception tomootness. Kohan v. Rimland School for Autistic Children, 102 Ill. App. 3d 524, 527 (1981). “Accordingly, the exception has been construed very narrowly and is invoked only on rareoccasions where the degree of public interest and concern is very clear and an extraordinarydegree of public concern and interest is involved.” Brown v. Duncan, No. 1-04-1246, slip op. at12 (September 1, 2005), citing DuPage County Election Comm'n v. State Board of Elections, 345Ill. App. 3d 200, 205 (2003); Edwardsville School Service Personnel Ass'n v. Illinois EducationalLabor Relations Board, 235 Ill. App. 3d 954, 959-60 (1992).

            This case, we believe, falls into the public interest exception to the mootness doctrine. First, this case clearly involves a public interest. School boards are elected bodies whosedecisions directly affect the communities in which they are situated. Second, a determination ofthe issue before us would guide the manner in which both school board members and regionalsuperintendents act in the future when a board member vacancy is alleged. Specifically, ourdecision will determine whether a board or a regional superintendent is authorized to decide thatfacts exist giving rise to a vacancy. Furthermore, the fact that the issue is now before us indicatesthat school boards and regional superintendents are unsure of how they should proceed whenpresented with a situation such as this one and are in need of an authoritative guide. Finally, asituation such as this, in which facts are alleged that would give rise to a vacancy on a schoolboard, is likely to recur. Accordingly, we now turn to the substance of Ingraffia’s appeal.

            In this case, we are called upon to interpret and examine the interplay between provisionsof the School Code and the Election Code.

“The primary rule of statutory construction is to ascertain and give effect to theintent of the legislature. [Citation.] The best evidence of legislative intent is thestatutory language. When possible, the court should interpret the statuteaccording to the plain and ordinary meaning of the language. [Citation.] In givingeffect to legislative intent, the court should consider, in addition to the statutorylanguage, the reason for the law, the problems to be remedied, and the objects andpurposes sought. [Citation.] A statute is ambiguous if it is subject to two or morereasonable interpretations. [Citation.] The court can consult interpretive aids whenconstruing an ambiguous statute.” People v. Donoho, 204 Ill. 2d 159, 171-72(2003).

In interpreting statutory language, a court should evaluate the statute as a whole and shouldconstrue each provision in connection with every other section. Bonaguro v. County OfficersElectoral Board, 158 Ill. 2d 391, 397 (1994). We review a trial court’s interpretation of statutorylanguage de novo. People v. O’Brien, 197 Ill. 2d 88, 91 (2001).

            A school board must act within its statutorily granted authority. Evans v. BenjaminSchool District No. 25, 134 Ill. App. 3d 875, 880 (1985). A school board has the powersenumerated in the School Code and “may exercise all other powers not inconsistent with [theSchool Code] that may be requisite or proper for the maintenance, operation, and development ofany school or schools under the jurisdiction of the board.” 105 ILCS 5/10-20 (West 2004). If avacancy occurs on a school board, the remaining members of the board are authorized to fill thevacancy. 105 ILCS 5/10-10 (West 2004). Vacancies on a school board occur upon thehappening of any of the following events:

“1. The death of the incumbent.

2. His or her resignation in writing filed with the Secretary or Clerk of theBoard.

3. His or her becoming a person under legal disability.

4. His or her ceasing to be an inhabitant of the district for which he or shewas elected.

5. His or her conviction of an infamous crime, or of any offense involving aviolation of official oath, or of a violent crime against a child.

6. His or her removal from office.

7. The decision of a competent tribunal declaring his or her election void.

8. His ceasing to be an inhabitant of a particular area from which he waselected ***.” (Emphasis added.) 105 ILCS 5/10-11 (West 2004).

The Election Code consistently provides, in relevant part, that an elective office becomes vacantwhen, “if the office is local, his or her ceasing to be an inhabitant of the district, county, town, orprecinct for which he or she was elected.” 10 ILCS 5/25-2(4) (West 2004). The Election Codefurther provides that, “[w]henever it is alleged that a vacancy in any office exists, the officer,body, or county board who has authority to fill the vacancy by appointment, or to order anelection to fill such vacancy, shall have power to determine whether or not the facts occasioningsuch vacancy exist.” 10 ILCS 5/25-3(a) (West 2004).

            The School Code empowers a regional superintendent of schools “[t]o remove anymember of a school board from office for wilful failure to perform his official duties.” 105 ILCS5/3-15.5 (West 2004).

            In this case, the trial court was called upon to determine whether section 25-3(a) of theElection Code authorized the Board to determine that Brown’s and Orozco’s seats were vacant. The trial court found that the Board was so authorized, reasoning:

“In this case the language of the statutes [is] clear and unambiguous. Section 25-2of the Illinois Election Code provides that an elective office becomes vacant oncean officeholder ceases to be an inhabitant of the district for which he or she waselected. Section 25-3 of the Illinois Election Code states that the power todetermine that a vacancy exists resides with the board who has the authority to filla vacancy. [Section 10-10 of the School Code] lays forth in clear and unambiguouslanguage that it is the board that has the statutory authority to fill a vacancy andthat the superintendent shall only step in should the Board fail to act.”

            Ingraffia essentially raises two objections to the trial court’s conclusion. First, Ingraffiacontends that section 25-3(a) of the Election Code permits a school board to declare a vacancyonly if the facts giving rise to the vacancy are undisputed. Ingraffia argues that “the majority ofthe enumerated events that trigger a vacancy are self-evident or the subject of an officialdocument and not subject to dispute.” Residency, however, Ingraffia argues, can be factuallydisputed, as in this case where Brown and Orozco maintained that they continued to reside inDistrict 88.

            We cannot agree with Ingraffia’s suggestion. The language of section 25-3(a) of theElection Code clearly indicates that when a vacancy “is alleged,” a school board is empowered todetermine “whether or not” the facts occasioning a vacancy exist. (Emphasis added.) 10 ILCS5/25-3(a) (West 2004). The clear language of the statute, therefore, indicates that a school boardis entitled to conduct a factual inquiry and reach a determination of whether a vacancy existsbased on disputed facts.

            Next, Ingraffia suggests that when a school board member moves out of the district inwhich he or she is elected, the member has a duty to resign. Because the School Code authorizesonly the regional superintendent to remove a member for failing to perform his or her duties, aschool board is not authorized to declare a vacancy when a member has failed to perform his orher duty to resign.

            Again, we cannot agree with Ingraffia’s suggested interpretation. First, Ingraffia has notcited, nor has our investigation revealed, statutory language or case law that suggests that aschool board member who is no longer a resident of his or her district has a specific duty toresign. See 105 ILCS 5/1-1 et seq. (West 2004). Furthermore, if, as Ingraffia suggests, removalby the regional superintendent were a prerequisite to a school board declaring a vacancy when amember has moved out of its district, part (4) of section 10-11 of the School Code, whichprovides that a vacancy occurs when a member moves out of a board’s district, would berendered superfluous by part (6), which provides that a vacancy occurs when a member isremoved. 105 ILCS 5/10-11(4), (6) (West 2004).

            We find, for the above-stated reasons, that the objections raised by Ingraffia are withoutmerit; we further agree with the trial court that the language of the School Code and ElectionCode unambiguously indicates that the legislature intended to empower a school board, the entitywith the authority to fill a vacancy (see 105 ILCS 10-10 (West 2004)), to determine whether ornot the facts giving rise to a vacancy exist (see 10 ILCS 5/25-3(a) (West 2004)).

            Significantly, we note that our holding does not mean that in determining whether factsexist that give rise to a vacancy, a school board may violate a member’s rights or that Brown’sand Orozco’s rights were not violated in this case. On the contrary, we recognize that schoolboard members may have property rights in their positions and that their rights may, on occasion,be inappropriately violated. See East St. Louis Federation of Teachers, Local 1220 v. East St.Louis School District No. 189 Financial Oversight Panel, 178 Ill. 2d 399, 416 (1997). However,our holding is limited to the specific questions before us: whether the School Code and ElectionCode authorized the Board to determine whether facts existed that gave rise to vacancies inBrown and Orozco’s seats on the Board. We answer the inquiry before us in the affirmative.

            Affirmed.

            QUINN, P.J., and CAMPBELL, J., concur.