McHenry County Blog

Thank to the Northwest Herald for pointing me to the following City of DeKalb press release:

Gene Lowery

“DeKalb City Manager Mark Biernacki announced today that he has appointed Eugene (Gene) Lowery as the next Police Chief for the City of DeKalb.

“Lowery is currently the Deputy Chief of the Crystal Lake, Illinois Police Department.

“He has been in that position since March, 2010.

“Prior to that time, Lowery was the Undersheriff for the McHenry County, Illinois Sheriff’s office for 21 years.

“He started his career with the Ottawa, Illinois Police Department in 1979.

“Biernacki was assisted in the selection process by four separate interview panels, each having 7 to 8 people representing a cross section of the community.

“’The input and insight from the interview panels were invaluable,’ Biernacki said.

“’I am extremely pleased with Lowery’s appointment. We have selected a top notch candidate. I am confident he will serve well our community.’

“For Lowery, this appointment is the culmination of a successful career in law enforcement.

“’I have always wanted the opportunity to be the Police Chief and to have a chance to lead an entire department while fulfilling a lifelong career goal,’ Lowery said.

“’The DeKalb Police Department is well known and highly respected. I am honored to have been chosen to help lead it.’

“Lowery will start working for the City on May 29, 2012.

“His appointment is subject to the Mayor and City Council’s approval at the May 14, 2012 regular meeting.”

Denzel Hayes

I talked to Crystal Lake’s Deputy Police Chief Gene Lowery about the recent arrest of a 19-year old Woodstock man for

• one count of Indecent Solicitation of a Child (under 13 years of age) Class 1 Felony,
• one count of Indecent Solicitation of a Child (13 years of age and 5 years difference in age of the alleged suspect) Class 3 Felony and
• one count of Solicitation to meet with a child (Class A Misdemeanor).

He told me that Denzel Hayes, the young man arrested, had solicited girls as young as 12. She and others sent Denzel photos of their genitalia, Lowery said.

Lowery says that authorities have not been able to identify all the girls who have sent him compromising photographs and ask any parents or youths who recognize Hayes and can provide information about where he has been and who he has been hanging out with to contact the Crystal Lake Police.

Lowery stressed that his Department would treat any information with “great discretion” concerning the victims identities.

Keith Nygren at Port Edward October 4, 2011.

Remember in history classes how the professor told you that the conspiratorial theory of history was bunk.

I’m willing to guess the Oberlin College prof that told us students that didn’t know much about Illinois politics.

Having seen what appeared to be a quite healthy Sheriff Keith Nygren at the Republican Party’s Port Edward fund raiser Monday night introducing his chosen heir Andy Zinke, appointed Undersheriff after Undersheriff Gene Lowery left to become Deputy Crystal Lake Police Chief, I’m wondering what those interested in retaining control of the Sheriff’s Department are up to. (From that sentence structure, can you tell I took too much German.)

Zane Seipler

But it wasn’t just Zinke that leads me to think that an active campaign has begun.

I’m pretty sure he brought his wife and child.

One does not subject one’s family to a boring (to them) Republican fund raiser unless it’s really important that they be in attendance.

Rumor has it that both

• Gene Lowery, whom I’m told thought he was to be Nygren’s choice until election night, and
• Nygren’s 2010 GOP primary opponent Zane Seipler

are not at all happy at Zinke’s active campaigning for an office that most think will not be on the ballot until 2014.

After all, that’s when Nygren’s term runs out.

But, in the Northwest Herald’s September 28th front page article announcing Zinke’s candidacy for McHenry County Sheriff, Nygren says he is not only backing Zinke, but might step down if he has health or some other unforeseen situation arises.

Andy Zinke campaigning at Port Edward.

The “let’s leave some wiggle room” approach by Nygren got me thinking.

Nygren also placed great emphasis in the NWH article that appeared the day before Seipler’s Appellate Court victory about how having a mandate from the voters is important, although he mentions a four-year term.

How can Nygren maneuver Zinke into office?

I see four ways and will discuss one a day.

Nygren could resign the day before the beginning of filing.

That would be Sunday, November 27th or maybe the Friday before.

Petitions and Statements of Economic Interest can be filed on Monday, November 28th through Monday, December 5th.

Resigning before the beginning of filing means the office would be filled by a special election in November and that there would be a primary election in March to decide who would represent the Republican Party on the ballot.

If Nygren decided to resign before filling started, he would be following the example of retiring judges, especially in Cook County.

Wanting to make sure their friend has a huge advantage, a Judge will not tell anyone but his chosen replacement that he intends to retire.

Then he (women wouldn’t stoop that low would they?) announces his retirement and the chosen one is the only person who has petitions ready to file.

With Nygren’s resignation, state law says the following would happen:

“…until a vacancy in the office of sheriff is filled as provided in The Election Code, the undersheriff shall be the acting sheriff with all the powers and duties of a sheriff.”

Coroner Marlene Lantz took over before Nygren was appointed.

Another section of the law talks of an appointment being made. I’m assuming that’s by the County Board.

Would the County Board wait until after the primary and, being dominated by Republicans, appoint whomever wins?

If this is Nygren’s plan, then he most certainly will follow the Northwest Herald’s advice and appeal the 2nd Appellate Court’s reinstatement of Seipler in the Sheriff’s Department and appeal his losing case to the Illinois Supreme Court.

Not that he has a chance of winning an union arbitration case before a Court majority that was elected with labor union money, but, hey, it’s the taxpayer’s footing the bill and as long as the case is on appeal, Seipler will not get a fat check for back pay, some of which he could use to finance a campaign against Zinke.

That was Nygren’s strategy in appealing Judge Meyer’s decision affirming the arbitrator’s decision that Seipler should get back his job after a three-day suspension.

So, if Lowery and Seipler think Nygren might be this sneaky, what should they do?

The answer, of course, is

PASS PETITONS

Pretty obvious, right?

Scenario two tomorrow.

= = = = =
“Backdooring” is explained in various ways at a gaming web site.   One is

• “The benefit of the strategy lies in the element of surprise” and
• as ” a high-risk high-reward tactic.”

In this photo by First Electric Newspaper, you see, from left to right, Assistant Special Prosecutor Thomas McQueen, Special Prosecutor Henry Tonigan and the billing Quest emplloyee Robert Scigalski.

Remember when I typed out the details of the legal bills from Ancel Glink, Grafton Township’s attorney which Judge Michael Caldwell dismissed at Supervisor Linda Moore’s request?

I thought it might be instructive to do the same for Quest International, the firm that Special Prosecutor Henry Tonigan hired to do the legwork for him and his Assistant Thomas McQueen.

The first section is for Robert A. Selgalski. He usually bills at $135 an hour, but I see a couple of times when he spent two hours traveling to and from McHenry for which he billed $70 an hour. He has indicated that on the bill.

I shall list the hours, dates and purposes. Totals for will be given for groups of billings.

You can look at this as a view of the criminal prosecution of McHenry County State’s Attorney Lou Bianchi through the eyes of Special Prosecutor Henry Tonigan’s investigator.

9-8-10 3 hours for travel to North Barrington office of Tonigan and meet with prosecution team (here the billing rate for all three hours was $135)

9-9-10 3 hours for review of remaining Rhoeds [spelling in original] obtained in search

Lou Bianchi

9-10-10 2 hours for travel to and from Woodstock Courthouse for GJ 80 miles ($70 x2)

9-10-10 2 hours for attending Grand Jury

9-10-10 Lou Bianchi indicted

9-23-10 2 hours for traveling to North Barrington office of Tonigan for meeting with prosecution team

9-24-11 2 hours for traveling to and from Woodstock Courthouse to review records (($70 x2)

9-24-10 2 hours for meeting at Sheriff’s office and reviewing records

9-28-10 2 hours for meeting with Jeff Bora at McHenry North of 120/ Preparing report draft and email

9-28-10 2 hours for travel to and from McHenry 80 miles ($70 x2)

10-1-10 4 hours – Travel to and contact with Eugene Lowery, deputy chief, Crystal Lake Police Department and review report/telephone interview with Andy Zinke

10-6-10 2 hours – Travel to North Barrington office of Tonigan for meeting with prosecution team

10-7-10 2.25 hours – Prep and travel to Woodstock / Contact SO Det Lt re current case/review

10-7-10 2 hours – Travel to and from Woodstock 100 miles ($70 x2)

10-12-10 0.75 hours – Telephone contact with Sheriff’s Detectives and review strategy with Attorney McQueen

10-18-10 0.5 hours – Get a team together to conduct the interviews. Conference call with Illinois State Source re Illinois Statutes concerning Bianchi investigation.

10-26-10 2 hours – Conference call with Nichole Owens and prepare mail report.

10-27-10 3.5 hours – Review Bora interview in preparation for additional Bora meeting/Prepare for and travel to 1:45 PM meeting at Judge Tonigan’s office with attorney McQueen/Call to Jeff Bora re cancellation of interview/ return and resulting review of notes.

10-28-10 1.5 hours – Review and prepare for conference call with Deputy Chief Eugene Lowery at Crystal Lake Police Department re Salvi investigation

11-1-10 2.5 hours – Per prosecutor, review and combine data and pre & mail report make appointment w/ Pub Defender Harmon

11-3-10 1.5 hours – Review for and conference call with McHenry County Assistant Public Defender Chris Harmon

11-8-10 4.25 hours – Prepare for and travel to Crystal Lake, Illinois, and meet with McHenry County Assistant Public Defender Chris Harmon (travel time not charged)

11-9-10 2 hours – Conference call with Attorney McQueen/conference call with ASA DT/ Begin review of Salvi investigationon

11-12-10 2 hours – Conference ccall with Source / Prepare email to Pros Team re Gummerson contact/ Conference call to ASA Nichole Owens re Monday Meeting/ Travel Plan to Decatur/ Calls to & from McQueen & Tonigan

11-14-10 2 hours – Prepare draft report of interview with the Public Defender Harmon and email

11-15-10 3.5 hours – Prepare for and travel to Decatur, Illinois, with Attorney McQueen for interview with ASA Nichole Owens/ return and review notes

In response to a Freedom of Information request the Sheriff’s Office has provided a list of retirements since 2008. Pay levels were also included.

There aren’t too many in 2008 and 2009.  Take a look below for those folks:

There were 11 retirements from the McHenry County Sheriff's Department in 2008 and 2009.

It’s been a long, long time since I knew many employees of the Sheriff’s Office.  They were operating off the Woodstock Square when I used to talk to the guy in charge of keeping the patrol cars running and other deputies like Matt Schultz and Bob Crabtree.

Two names on the post-election list I at least recognize.  One is former Undersheriff Gene Lowery, who is now Crystal Lake’s Deputy Police Chief. His final salary was $132,000.

The other is former Patrol Captain Anton Cundiff, the defendant in former Deputy Zane Seipler’s wrongful termination suit against the Sheriff’s Department. He earned $109,500 a year when he stepped down.

The only other deputy earning over $100,000 ($109,551) at retirement was David Shepherd, whose last title was Captain of Administration.

The rest were being paid less when they retired with the exception of Corrections Office Rebecca Cox, who was paid $94,406 in her last year.

Retirements from January 1, 2010, through Feburary, 2011, numbered 17.

Zane Seipler

Zane Seipler, who challenged Sheriff Keith Nygren for McHenry County Sheriff in the Republican primary election, but lost, has continued commenting on activities concerning the Sheriff’s Department on his blog McHenry County Sheriff’s Department Exposed.

Today, he has published an article entitled

Nygren finally “Did the Right Thing

I reprint it with permission below:

On February 16th, 2010 MCSDEXPOSED stated that Lt. Andy Zinke would be the best choice for Under Sheriff and that we were hoping that Nygrenwould “Do the right thing”.

Andy Zinke is now Under Sheriff.

THANK YOU, Keith for finally doing the right thing.

Now let’s explain why Zinke was the only real choice Nygren had.

1.) Zinke is not entangled in the web of lawsuits that is going to be the downfall of Sheriff Nygren.

2.) To MCSDEXPOSED knowledge Zinke has

• never falsified evidence,
• concealed evidence,
• misstated facts,
• covered up wrong doing,
• intimidated employees,
• manipulated witnesses,
• used excessive force,
• committed aggravated battery,
• worked at a strip club while employed by the department,
• lied under oath,
• authored the “Diametrical Woodstock Advocate”,
• cheated on his taxes,
• falsified a secondary home rider,
• left the scene of a property damage,
• falsified an accident report for a subordinate,
• bought shots for a female corrections officer at Coleman’s Tavern and then let her drive,
• sexually harassed a subordinate,
• screamed obscenities at subordinates,
• promoted his girlfriend and given her a cushy job,
• facilitated the accidental shooting of a SWAT team member,
• put an innocent man on death row or
• committed Official Misconduct of any kind.

3.) Nygren is going to have to deal with some of the other applicants very harshly in the near future. It wouldn’t look good promoting them and then demoting and/or firing them later.

It is refreshing to see that good things are happening at MCSD.

Lowery is gone.

Schlenkert is back.

Woods survived.

Now a good man will be in charge in of the daily operations.

Knowing that Zinke is at the helm, we wish Nygren would go back to Florida.

The following was received from Deputy Chief Gene Lowery of the Crystal Lake Police Department:

The Crystal lake Police Department was notified by Community High School District 155 of a suspected misappropriation or theft of funds from South High School. 

The police and school district officials are cooperatively investigating the allegations to determine what if any criminal or internal matter is substantiated. 

The McHenry County State’s Attorney’s Office is also reviewing the ongoing investigation to determine what, if any, prosecution is warranted.

McHenry County Undersheriff Gene Lowery, the man selected by Crystal Lake to be its new deputy police chief, will be honored at a retirement party in Union April 9th.

The details, obtained from the McHenry County Republican Central Committee, are below:

Lowery’s county salary is $136,544.

The rumor during the primary campaign for sheriff was the Keith Nygren would win another term, but not serve it.

His replacement would be Under Sheriff Gene Lowery.

After the primary, the rumors started circulating that Lowery would be named Deputy Chief of the Crystal Lake Police Department.

And, that’s what happened.

At tonight’s city council meeting, Crystal Lake Mayor Aaron Shepley followed up on the press release below by saying,

“After a very (extensive) search to replace retired Deputy Police Chief Dennis Harris, we’re happy to announce that Gene Lowery from the McHenry County Sheriff’s Department has been selected as Deputy Chief.

“I know Mr. Lowery personally and, frankly, I couldn’t be any happier. I can’t wait for him to start.”

Chief Dave Linder has maximized his pension benefits, but told me he has no plans to retire.

Below is the city’s press release:

New Deputy Police Chief Appointed

Crystal Lake – The Crystal Lake Police Department is pleased to announce the appointment of Eugene E. Lowery to the position of Deputy Police Chief.  Mr. Lowery will fill the position left vacant by Deputy Chief Dennis Harris, who retired on January 29th after 27 years with the Crystal Lake Police Department.

Having served as the Undersheriff of McHenry County since 2003, Mr. Lowery joins the department with a wealth of knowledge and a comprehensive understanding of the public safety needs of the McHenry County and Crystal Lake area.

With a strong educational background that includes a Masters degree in Law Enforcement Administration and extensive experience as a law enforcement executive, Deputy Chief Lowery will join the Department on March 29th, 2010.

Chief David R. Linder is pleased to welcome Deputy Chief Lowery to Crystal Lake and he looks forward to the many contributions that he will make to our organization.

Considering the front page story in the Northwest Herald last week about there being one supervisor for every three deputies, I thought readers might be interested in what the supervisors get paid.

The following information was obtained through a Freedom of Information request from the Sheriff’s Department by challenger Zane Seipler’s campaign. It is posted at his secondary web site, MCSDExposed (for “McHenry County Sheriff’s Department Exposed,” I guess), but is no longer on its front page.

The 2009 Wage Report for MCSD was provided today via FOIA request. Keith Nygren’s salary was $149,259.32, a $5000 increase from last year. Listed below are the twenty four other deputy supervisors and the EEO.

• Under Sheriff Eugene Lowery $136,544.37
• Sergeant Porfirio Campos-Cruz $83,461.62
• Lieutenant Donald Carlson $97,580.59
• Sergeant Duane Cedegren $93,544.91
• Sergeant Michael Cisner $98,137.88
• Captain Anton Cundiff $107,519.33
• Sergeant Alex Embry $89,513.35
• Sergeant Karen Groves $87,891.53
• Sergeant Carolyn Hubbard $89,573.22
• Sergeant Donald Kalenick $85,544.37
• Sergeant John Koziol $99,558.30
• Lieutenant William Lutz $99,363.05
• Lieutenant John Miller $105,141.26
• Sergeant Kenneth Nielsen $92,378.49
• Sergeant Daniel Patenaud $88,171.19
• Sergeant Anthony Penna $98,320.79
• Sergeant James Popovits $101,143.16
• Sergeant Greg Pyle $94,183.61
• Sergeant Daniel Reineking $98,510.24
• Sergeant Steve Schmitt $90,072.54
• EEO Kathleen Seith $93,276.86
• Captain David Shepherd $120,966.40
• Sergeant James Wagner $92,968.84
• Lieutenant Andrew Zinke $103,835.64

Summary:

• 17 supervisors increased there yearly income, 7 decreased or remained the same.
• Largest increases in yearly salary goes to Lowery +$10,000, Shepherd +$12,000 and Embry +$15,000
• Largest decreases in yearly salary goes to Cedegren -$4,000 and Carlson -$3,000