When I heard that the McHenry County State’s Attorney had filed a motion concerning the County Board pension issue with Judge Thomas Meyer, I sent Lou Bianchi the following email:
I have told that the office filed a motion with Judge Meyer to decide whether a Special Prosecutor should be named.
Is that correct?
If so, does the motion include more than that?
Here is his reply:
Not much more.We attached a letter (and documents) from Rep. Jack Franks to the State’s Attorney questioning the legality of certain McHenry County Board members claiming eligibility for IMRF pension benefits.
In his correspondence, Representative Franks alleges that members of the board who have certified under oath that they have worked at 1,000 hours per year have potentially committed perjury.
Representative Franks believes that a crime may have been committed by members of the County board and he believes this matter needs to be investigated and if necessary, prosecuted.
Since we are legal counsel for the County, we are conflicted out and CANNOT investigate this issue.
In filing the petition for appointment of a Special Prosecutor, WE MAKE IT CLEAR that the State’s Attorney is NOT SUGGESTING that any county board member has actually committed a crime but that we are simply bringing this matter to the Court’s attention because of the inherent conflict of interest that prevents any investigation regarding any alleged activity.
“The State’s Attorney is not asserting that the claims within the petition are meritorious…”
Incidentally, this request of the court was made after several conferences with members of the Office of the Illinois Appellate Prosecutor and consultation with the former head of the Illinois Attorney Registration and Discipline Commission, the ethics arm of the Supreme Court.