With felony conviction barring top Markham mayoral candidate, effort is underway to modify law

April 06--With a felony conviction legally barring the current top vote-getter in Markham's mayoral race from taking his seat, an effort is underway to modify state law.

Roger Agpawa, fire chief in Country Club Hills, pleaded guilty in August 1999 to mail fraud as part of a federal medical insurance fraud case. State law, due to that conviction, prevents him from holding an elected municipal office.

Unofficial vote totals show Agpawa receiving 764 votes, or 42 percent of votes cast for mayor, compared with 16 percent for candidate Perry Browley in unofficial returns.

Also seeking to become Markham's mayor as write-in candidates were Kenneth "Mojo" Muldrow Jr., who has served as a police officer in the city for 31 years and is president of the Markham Park District, and Errol Powell, who ran a write-in campaign for Markham mayor in 2013.

There were 786 write-in votes cast in the mayor's race, according to the Cook County clerk, but which way those votes were divided won't be revealed until after the official canvas of votes in the election. The write-in total represented 43 percent of the votes cast in the race for mayor.

The Cook County state's attorney's office, in a letter last month to Agpawa, indicated it would go to court should he win the election and attempt to take office.

John Murphey, an attorney who represents Country Club Hills, wrote a letter last month, which he gave to Agpawa, suggesting that the General Assembly amend election rules for someone such as Agpawa. Someone could hold an elected municipal office if their felony conviction was for a non-violent crime and at least 15 years had passed from the time of the conviction to the time they assumed office, Murphey suggests in the letter.

The amendment would take effect "as to all persons" elected in Tuesday's election as well as in subsequent elections or in instances of someone being appointed to fill a vacancy in an elected position, he said.

He did not directly send the letter to legislators, but Agpawa said he was able to get it into the hands of at least four state lawmakers.

"They believe the matter has merit," Agpawa said Wednesday.

In the letter, dated March 20, Murphey notes that Agpawa "has achieved tremendous personal and professional success," and is a "model citizen and a dedicated public servant."

Murphey said Wednesday he wasn't asked by any elected official to draft the letter, and called the current wording of the municipal code "a harsh law that needs to be looked at.

In the letter, the lawyer said the current law serves as a "punishment" to Agpawa, and that "the punishment doesn't fit the crime."

"The voters should be allowed to decide whether an old conviction disqualifies someone from serving as a local elected official," Murphey wrote.

Agpawa avoided jail time, but served three years' probation and performed community service work.

"He took his medicine and served his time," Murphey said Wednesday.

State law spells out how a Village Board or City Council can fill a vacancy in situations where the person elected is ineligible or otherwise unable to serve, according to Ken Menzel, general counsel for the Illinois State Board of Elections.

Once any newly elected or re-elected council members are seated, the council could declare the position of mayor vacant and appoint one of the council members to act as interim mayor until the next election in 2019, he said Wednesday. He said the appointment of an interim mayor would not have to take place at the same City Council meeting where council members take their oaths of office.

Municipal codes don't provide for a special election to be held to select a mayor or other municipal vacancy, Menzel said.

Markham's municipal attorney, Steven Miller, said it would ultimately be up to the City Council to decide whether Agpawa, should he be declared the winner, should be seated as mayor. He said he believes council members are familiar with the controversy surrounding Agpawa's candidacy.

"That information is out there concerning his eligibility," the attorney said.

Miller said he would inform council members of the letter sent by the state's attorney to Agpawa concerning the threat of legal action.

mnolan@tribpub.com

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