DeKalb 5th Ward alderman evicted by judge’s order

DeKALB – A DeKalb County judge has ordered DeKalb 5th Ward Alderman Scott McAdams evicted, ruling he must vacate his apartment by Jan. 9, according to court records.

If McAdams were to move out of the city’s 5th Ward, his seat on the DeKalb City Council could be in jeopardy.

McAdams declined comment Tuesday following the hearing and DeKalb County Associate Judge Stephanie Klein’s ruling. He previously told the Daily Chronicle he intends to remain in his elected role and was on the lookout for a new place to live.

McAdams’ West Locust Street landlord, Beck Garcia, served McAdams with five-days notice Sept. 27, records show, alleging McAdams was more than $2,000 behind on rent payments. The notice demanded payment. Garcia filed an eviction complaint Oct. 11, records show.

Klein is expected to rule on the payment demands at 10:30 a.m. Jan. 30.

Aurora-based lawyer Margaret Kramer, Garcia’s attorney, declined to comment Tuesday.

Garcia is the owner of property on West Locust Street where McAdams has been residing since the fall, DeKalb County property records show. The lease, signed by McAdams Aug. 29, runs from Sept. 1 through Jan. 1, records show.

While the eviction does not immediately impact McAdams’ standing, elected officials must reside in the ward they represent under Illinois municipal code.

City Attorney Matt Rose said Tuesday should McAdams be unable to show that he lives in the 5th Ward after Jan. 9, the city may have to take steps to determine if his seat is vacant.

If a seat is determined vacant under Illinois municipal law, in DeKalb, the mayor appoints someone to fill the role and serve out the remainder of an elected term.

“There’s a procedure under Illinois municipal code to determine if an alderperson seat is vacant based on their lack of residency and that’s determining this by the city’s corporate authority, not as the City Council,” Rose said. “There would have to be a finding basically by the city’s corporate authority that the alderperson no longer resided within their ward.”

There are a number of variables at play when it comes to proving residency in Illinois law, Rose said.

“The municipal code doesn’t exactly provide how the corporate authority would go about making that finding, but it’s my opinion that there would have to be some form of a hearing,” Rose said. “There’d have to be some evidence that that’s the actual finding. The alderperson would have the ability to rebut that evidence.”