McHenry County Blog

“It would set the wrong precedent in every way.”

Those were the final words of Winnebago County Judge Joesph McGraw to Special Prosecutors Henry Tonigan and Thomas McQueen in response to their both wanting to be released from their duty to prosecute the second set of criminal charges against McHenry County State’s Attorney Lou Bianchi.

A First Electric Newspaper photo of Thomas McQueen and Henry Tonigan at a rare press conference.

Both appointees of McHenry County Judge Gordon Graham wanted out.

McQueen filed his motion first and got to make his pitch before Tonigan, who picked him to assist in the prosecution.

McQueen argued that a letter from Bianchi attorney Terry Ekl putting him on notice not to destroy evidence that might be required in a post-trial civil suit would limit his ability to be an independent prosecutor.  He said he had “a duty to step down and step back so the public won’t have any question about (my integrity).

McQueen then cited a series of cases in which prosecution had been shifted from the Federal court in Northern Illinois elsewhere because of “familial relations.”

“My judgment (in his role as a prosecutor) must not be questioned,” McQueen added.

“I have been threatened with a lawsuit.  Under these circumstances, I cannot operaqte independently.

“I am asking to withdraw.  I will work with Judge Graham to obtain new counsel.”

Having filed basically the same motion, Tonigan then explained that his father, who has Alzheimer’s, had been hospitalized for the first time just since he had filed his motion pointing to his need to spend more time with his ailing father.

“My role in this set of indictments has been minimal,” he explained.

“I had other issues on my plate other than (destroying) evidence,” he said, referring to the letter he had received from Ekl.

Judge McGraw referenced Tonigan’s previous request to Judge Graham to get out of the case and pointed out that he had excused him from having to appear in the case.

“I read the letter.  It speaks for itself,” Judge McGraw said, pointing out that the possibility for a civil law suit against prosecutors, police officers, etc., exists in every criminal case.

“How is the fact that your received that letter put you on any different footing (than prosecutors) in any other case?” he askdd

“It’s different because the threat has occurred during the litigation before the trial,” McQueen replied.

“But the specter of it always exists, doesn’t it?”

“(This) goes beyond the pale,” McQueen answered.

“Maybe I should decide to bring a motion to dismiss the case (in order to protect myself).  That would be an influenced decision to protect myself…financially.”

“If I adopt that reasoning, wouldn’t that put the defense in the drivers’ seat in every case…by merely making a threat against the prosecutor?  Savvy litigators could say, ‘I’m going to sue him also,’” the judge observed.

“The motion should be entitled “Motion to get off a sinking ship,” Bianchi attorney Terry Ekl started out.

“Mr. Ekl has had months and months if he wanted to dismiss.”

Ekl pointed out that McQueen and Tonigan were “knee deep in Brady violations,” referring to the requirement for prosecutors to provide defense attorneys with evidence that would help the defense in a timely fashion.

“They brought the case.  They should have to complete the case.”

Ekl pointed out that the case could be nolle prossed.

“They can nolle the case and it’s over (but) one or both of them should be there August 1st to prosecute the case.  Mr. Tonigan is the man ultimately responsible for this fiasco.

Ekl brought the recent acceptance of a new assignment to look into the Grayslake School District use of taxpayer resources elect favored board members.

“I don’t know how he has time to do that and not (this).”

Tonigan minimized any violation of the law in Grayslake.  “An administrative office released some emails.  That’s it.”

It was decision-making time for Judge McGraw:

“I think it would be setting the absolute wrong precedent to allow a defendant to control the course of litigation by sending a letter.

“That could go on indefinitely.”

Judge McGraw did not think the cases presented by McQueen about conflicts were “what we’re talking about here.”

The judge also did not think McQueen’s and Tonigan’s interpretation of the rules governing lawyers’ practice to be “a reasonable construction of these rules.”

“Your duties…are not changed or altered one iota (by Ekl’s evidence preservation letter).

“There is a strong (public interest) that this case move to a resolution on the merits.”

“It would be set the wrong precedent in every way.

“Heard and denied.”

Tonigan then asked if his presence could be waived and Judge McGraw agreed.

Terry Ekl explaining his April motion to Judge Gordon Graham asking for Henry Tonigan and Thomas McQueen be dismissed as Special Prosecutors.

After the hearing Ekl was willing to talk to the Northwest Herald, First Electric Newspaper and Crystal Lake Patch reporters, as well as yours truly.

Ekl added that he had sent the letter to Quest International, the Special Prosecutors’ legmen, as well as to the two opposing attorneys.

He pointed out that McQueen and Tonigan had made his letter public by attaching it to their motions.

Under the speedy trial rule in Illinois, Bianchi’s trial must start by August 29th.

Concerning the Grayslake assignment, Ekl said, “I think what he said in the courtroom was not true.”

Ekl also predicted victory for his client.

“I feel 100% confident we will win.”

“Is there a possibility of a (civil) lawsuit?  The answer is ‘Yes.’”

Asked about bills that have not been submitted to McHenry County from the Special Prosecutor for payment, Ekl said he would again subpoena Quest’s bill, but that opposing counsel could keep theirs secret until after the trial when they submit them to the McHenry County Board for payment.

Special Prosecutor Henry Tonigan tried to get McHenry County Circuit Judge Gordon Graham to pull the plug on his assignment to prosecute McHenry County State’s Attorney Lou Bianchi.

Judge Graham pointed out that the McHenry County Board had appealed his decision to allow the County Board into the fee portion of the Special Prosecutor case and that meant he did not have jurisdiction over the case anymore.

Henry Tonigan. Photo credit: First Electric Newspaper.

Thomas McQueen. Photo credit: First Electric Newspaper

Yesterday, Tonigan’s associate Thomas McQueen, who admitted he did most of the work on the second indictment of Bianchi, has petitioned Winnebago County Circuit Court Judge Joseph McGraw to get out of trying the case.

Today, Tonigan followed McQueen’s example, pointing to a letter he considered to be threatening that had been sent by Bianchi attorney Terry Ekl.  The letter appears to mirror the one that McQueen received.

From reading the paperwork, the withdrawal logic is similar, except that Tonigan points to his father’s ill condition and need for his help.

What Henry Tonigan said June 29, 2011, about his father's condition.

He also includes the following undated statement, which I presume is from Tonigan’s first attempt to drop out of the case.  It is below:

This statement come from an attachment to Henry Tonigan's June 29, 2011, motion to withdraw from prosecuting Lou Bianchi. The exhibit is undated.

Have you ever talked to supervisors who have told you the excuses that malingerers use to explain why they took the day off?

Pity the one who says that his or her mother’s father has just died.

And, then uses the same excuse again.

On April 25th, McHenry County Special Prosecutor filed a motion saying he wanted to withdraw from the criminal prosecution of McHenry County State’s Attorney Lou Bianchi because

• his 86-year old father has an unnamed medical condition that requires his attention, that
• his sister can’t help has her own serious medical problems and has moved from his abode to California.

But now, the Daily Herald reports Tonigan has enough time to take on the investigation of whether Grayslake school district officials/teachers that used public resources to help elect school board members.  That sounds like a case for the Lake County State’s Attorney, not a retired judge who needs time to take care of his father.

The headline from the Daily Herald's article Tuesday that Henry Tonigan is taking on another job, while declining the finish the one assigned him in McHenry County by Judge Gordon Graham.

Asked about what McQueen was doing before Tonigan’s motion appeared, Bianchi attorney Terry Ekl explained,

“McGraw is the only possibility for McQueen to escape this case.

Terry Ekl explaining that he is about to file an April motion to replace Special Prosecutor Henry Tonigan and his assistant Thomas McQueen before Judge Gordon Graham.

“Graham, clearly, will not issue any orders.

“What McQueen really is asking is that his appearance on behalf of the special state’s attorney, Skip Tonigan, be stricken.

“As you know this is a very unusual situation.

“In my 35 years practicing criminal law I have never heard of a prosecutor wanting to ‘withdraw’ from a case.

“If a prosecutor does not want to prosecute a case he will dismiss the case.

“That is what should happen here.”

Ekl also observed,

“This is nothing but an excuse to try to get out of the mess that he and Tonigan created.

“There is (rarely an) ability of a prosecutor to withdraw on a case they have brought.

“McGraw may agree to strike the appearance of McQueen and then Tonigan can continue to prosecute the case. Remember that Tonigan is the special State’s attorney and McQueen is his assistant.

“Although this is a further mess I do not believe that McGraw will change the trial date.”

The case is up before McGraw in Rockford on Friday at 10:00.

Special Prosecutor Thomas McQueen has filed a motion before Circuit Court Judge Gordon Graham, apparently Tuesday, to withdraw as the main man going after McHenry County State’s Attorney Lou Bianchi.

Previously, the Special Prosecutor first appointed by then-Associate Judge Gordon Graham, former Circuit Court Judge Henry Tonigan, asked to withdraw from the case to care for his ailing father.

Special Prosecutor Henry Tonigan (on the right) and his assistant Thomas McQueen (on the right) have both petitioned the man who appointed them, Judge Gordon Graham, to be relieved of their responsibilities. Photo by First Electric Newspaper.

Tonigan, however, has taken on internal investigative duties at Grayslake School District 46. Use of school resources in the last school board election has been documented by Tea Party members.

Graham refused to let Tonigan go on the grounds that the McHenry County Board had appealed his ruling to the 2nd Appellate Court, thus relieving him of decision-making power in the case.

McQueen points out that on June 20, 2011, (dated July 17, 2011) he received a letter from Bianchi defense attorney Terry Ekl threatening to sue him.

“Under the circumstances as they present themselves now, with the prosecution under threat of suit by the defendant, any further participation in this prosecution by the undersigned will give rise to questions about his judgment in tactical decisions and whether, in response to these threats against him personally and financially, has properly exercised his responsibility as a public prosecutor.”

Tonigan says that the threat will inhibit his “exercisi(ng) independent professional judgment” and “render(ing) candid advice.”

McQueen writes he has to withdraw in order “not to put prosecution in this case in any fashion whatsoever in an ethically improper perspective.”

Larry Snow

“While Democrats say Teachers ‘Have Kept Their Part of the Deal?’“

is the title of an April 5, 2011, article by former Huntley School District 158 Board member Larry Snow.  (The quote was in the Chicago Tribune Marcy 31, 2011.  It is from Executive Director Dick Ingram of Teachers’ Retirement System.)

The article was published in “The Champion” with this teaser:

“82,981 of 132,502 Illinois Teachers Pay Nothing or Little into Their Pensions“

That’s 63% of all teachers in Illinois.

The State Journal-Register is reporting that State Rep. Kevin McCarthy (D-Orland Park) is promoting a bill where state and local governments would all pay six percent of payroll toward employee pensions.

In a revealing sentence in reporter Chris Wetterich’s article, he writes,

“What’s unclear is how much more employees themselves would have to pay.“

Because no one has done the research except, I believe, the Illinois Education Association and Snow, how much extra teachers would have to pay if their so-called contribution rate was raised from 9.4% to 13.77% is a really good question.

While not covering every school district in Illinois, Snow did research the teachers’ contracts for all of the large school districts (by law all are supposed to be on the internet) in order to find out how much teachers pay in order to get a “full 75 percent pension after working only 27 years.” He points out, “Most adults work for 27 years before they turn age 50.”

As way of background, Snow notes that teachers are not in the Social Security System and, therefore, are not forced to pay Social Security taxes.

“Ordinary workers get hit with a 6.2 percent deduction for Social Security,” Snow writes. “It’s a deduction they have to pay federal and state income taxes on.

“Democrats gave teachers a huge loophole of not paying income taxes on any of their pension deductions” he continues. “This enormous no-tax handout to teachers amounts to billions of dollars each year.”

Snow’s research leads him to this conclusion:

“Over 51,000 of the total 132,502 teachers in Illinois contribute nothing from their K-12 paychecks into their pensions. Illinois law says it is to be 9.4 percent.

“About an additional 32,000 teachers pay little into their pensions. It is 1.81 percent to be precise for these 31,956 teachers.“

How many teachers pay not a dime toward their retirement?

51,025 teachers in 186 school districts pay nothing for retirement benefits.

They “don’t pay a penny into the 9.4 percent called out by Illinois law.

“There are a total of 868 districts in Illinois.

“The pay-zero teachers listed are 39 percent of all teachers in Illinois,” Snow reveals.

No agency in state government seems to keep track of this information.

Not the Downstate Teachers Retirement Fund, which boldly and incorrectly claims,

“Active TRS members are required to contribute 9.4 percent of their creditable earnings each year…”

The State Board of Education doesn’t keep track either.

My guess is that only the Illinois Education Association has a matrix showing what school districts have given what benefits in contract negotiations.

Snow discovered this about Lockport:

“…on page 14 of the Lockport Township HS 205 teachers contract it reads:

1. The Board will pay the current level of retirement contribution to the Teachers Retirement System of Illinois.”
2. It is expressly understood that figures appearing on this salary schedule include a sum equal to the current level of TRS contribution of the base salary of each Teacher which is, in fact, payable to the Teachers’ Retirement System on the Teacher’s behalf.”

“The ISBE report shows this board paying nothing. A Democrat bureaucracy doesn’t check the teachers contracts to see if what is reported, matches what’s in writing.”

And, if legislation is passed requiring 4.37 percentage points more, how long do you think it will take Lockport taxpayers to pick up the difference?

Given that local teachers’ unions pretty much control school boards wherever they are elected (read everywhere but Chicago), my guess is will be on the top of the collective bargaining list.

Do you wonder if Rep. McCarthy knows that?

Is his proposal just a setting up local taxpayers for an even bigger fall?

Five years from now will 39% of teachers still be paying nothing for their pensions?

Even better for teachers is that this pension payment ups their pension payments.

Take a look at the chart below.  Chances are your school district is on it.

Chart of Pension Contributions by 82,981 District Teachers of 132,502 Total Illinois K-12 Teachers

Name of District	No. of Teachers	Percent of Pension Contributed by Teachers
Thornton Twp 205	428	Zero
Proviso 209	281	Zero
Waukegan 60	1,098	Zero
Morton 201	455	Zero
Kankakee 111	348	Zero
Joliet 204	340	Zero
Round Lake 116	387	Zero
Rockford	1,843	Zero
Decatur 61	454	Zero
Crete Monee	340	Zero
Danville 118	382	Zero
Valley View 365	1,068	Zero
Aurora West 129	706	Zero
East Peoria 309	69	Zero
Galesburg	281	Zero
Bremen 228	313	Zero
Freeport	317	Zero
Leyden 212	219	Zero
Elgin U-46	2,332	Zero
Rock Island	388	Zero
Mattoon	225	Zero
Collinsville	394	Zero
Massac 1	143	Zero
Sterling	219	Zero
Belvidere	531	Zero
Quincy	436	Zero
Dixon	179	Zero
West Chicago	248	Zero
Cook County 130	289	Zero
Cicero 99	738	Zero
Joliet 86	617	Zero
Harvey 152	163	Zero
Crystal Lake 155	412	Zero
Crystal Lake 47	564	Zero
Wheeling 21	489	Zero
Champaign 4	717	Zero
United CUSD 304	68	Zero
Riverdale 100	76	Zero
Reed Custer 255	114	Zero
Wilmington 209U	84	Zero
United Township 30	90	Zero
Summit Hill 161	213	Zero
Plainfield	1,695	Zero
Schiller Park 81	98	Zero
Dolton 149	176	Zero
Township 211 Palatine	799	Zero
Ball Chatham 5	248	Zero
Taylorville 3	152	Zero
Williamsville 15	81	Zero
Harrisburg 3	130	Zero
Belleville 201	281	Zero
Dupo 196	76	Zero
O’Fallon 203	145	Zero
O’Fallon 90	207	Zero
Rochester 3A	142	Zero
Pekin 108	248	Zero
Morton 709	175	Zero
New Lenox 122	287	Zero
Frankfort 157	158	Zero
Marion 2	219	Zero
Carterville 5	110	Zero
Kinnikinnick 131	122	Zero
Tolono 7	116	Zero
Mahomet-Seymour 3	161	Zero
Champaign 4	717	Zero
Urbana	346	Zero
Charleston 1	180	Zero
Park Ridge 64	319	Zero
Evanston 202	222	Zero
Maine HSD 207	508	Zero
Arlington Heights 214	753	Zero
Niles 219	350	Zero
Berkeley 87	165	Zero
Berwyn South	263	Zero
Lyons 204	239	Zero
Lemont 113	144	Zero
Palatine 15	713	Zero
Schaumburg 54	1,003	Zero
Oak Lawn 123	203	Zero
Oak Lawn 229	114	Zero
CHSD 230 Orland Park	519	Zero
Argo 217	111	Zero
Homewood 233	174	Zero
Genoa 424	137	Zero
Sycamore 427	231	Zero
Dekalb 428	362	Zero
Lombard 44	216	Zero
Downers Grove 58	277	Zero
Hinsdale 86	296	Zero
Elmhurst 205	538	Zero
Naperville 203	1,063	Zero
Effingham 40	176	Zero
Canton Union 66	175	Zero
Morris 54	61	Zero
Morris 101	50	Zero
Coal City 1	138	Zero
Jersey 100	164	Zero
Central CUSD 301	224	Zero
Kaneland 302	275	Zero
St. Charles 303	880	Zero
Cahokia	298	0.4
Chicago Public Schools	23,219	2
Peoria 150	988	0.4
Springfield	1,105	0.4
Moline 40	461	0.4
Harvard	149	0.87
Dolton 148	236	1.4
Belleville 118	228	0.4
Pekin 303	125	0.4
Hononegah 207	118	0.4
Arlington Heights 59	444	3
Leyden 212	219	0.4
Summit 104	103	0.4
Palos 118	130	0.4
CHSD 219 Orland Park	519	0.4
Bensenville 2	145	1.4
DuPage 88	266	0.4
CHSD 94	122	0.9
CUSD 300	1,189	4.4
Hawthorn 73	253	1.4
Lake Forest 115	132	0.4
Wauconda 118	273	0.4
Johnsburg 12	158	0.4
Cary 26	192	4.9
Woodstock 200	385	1.4
Keeneyville 20	107	0.4
Winnebago 323	117	0.4
LaSalle-Peru Twp. 120	88	0.7
Prairie-Hills 144	187	0.4
Geneva 304	367	Zero
Herscher 2	126	Zero
Manteno 5	160	Zero
Bourbonnais 53	160	Zero
Bradley 61	103	Zero
Bradley Bourbonnais 307	114	Zero
Momence 1	88	Zero
Yorkville 115	329	Zero
Plano 88	154	Zero
Oswego 308	827	Zero
Streator 44	132	Zero
Ottawa 141	140	Zero
Ottawa 140	102	Zero
Glenview 34	343	Zero
Zion 6	177	Zero
Grayslake 46	266	Zero
Elmwood Park 401	181	Zero
Libertyville 70	159	Zero
North Shore 112	374	Zero
HSD 113 Highland Park	249	Zero
Grant 124	91	Zero
Zion-Benton 126	156	Zero
Evanston 65	547	Zero
Grayslake 127	187	Zero
Meridian 15	64	Zero
Mt. Zion 3	133	Zero
Edwardsville 7	480	Zero
Alton 11	467	Zero
Macomb 185	130	Zero
McHenry 15	282	Zero
McHenry 156	158	Zero
Nippersink 2	92	Zero
Columbia 4	111	Zero
Waterloo 5	166	Zero
Hillsboro 3	114	Zero
Meridian 223	113	Zero
Illinois Valley Central 321	139	Zero
Carbondale 165	76	Zero
Carbondale 95	105	Zero
Riverton 14	85	Zero
Auburn 10	90	Zero
Pawnee 11	47	Zero
Panhandle 2	35	Zero
Sullivan 300	75	Zero
Centralia 135	93	Zero
Litchfield 12	83	Zero
Harlem 122	505	Zero
Granite City 9	617	Zero
Princeton 115	86	Zero
Princeton 500	43	Zero
Bond County 2	120	Zero
Duquoin CUSD 300	101	Zero
Rocton 140	102	Zero
Rochelle Twp. HSD 212	71	Zero
Rochelle CCSD 231	131	Zero
Byron 226	127	Zero
Oregon 220	104	Zero
Farmington Central 265	85	Zero
Porta 202	75	Zero
River Bend 2	71	Zero
Red Bud 132	73	Zero
Sparta 140	105	Zero
Southwestern 9	107	Zero
Staunton 6	87	Zero
Gillespie 7	81	Zero
Hamilton County 10	83	Zero
Midwest Central 191	85	Zero
Tuscola 301	86	Zero
West Carroll 314	99	Zero
Oakwood 76	64	Zero
Hoopeston 11	94	Zero
Westville 2	80	Zero
Beardstown 15	98	Zero
El Paso-Gridley 11	99	Zero
Murphysboro 186	137	Zero
Monticello 25	111	Zero
Paris-Union 95	74	Zero
Mt. Vernon Twp. 210	80	Zero
Mt. Vernon 80	109	Zero
Jasper County 1	101	Zero
Steger 194	128	Zero
Calumet City 155	77	Zero
North Boone 200	116	Zero
CCSD 93 Carol Stream	294	Zero
East Maine SD 63	254	Zero
Lockport Township HS 205	205	Zero
Above Teachers Total	82,981

In our examination of political emails involving the re-election of Grayslake School Board members Mary Garcia, president of a Skokie school district’s union, and Sue Fackham, we are now about two weeks away from the April 5th election.

Fackham was re-elected, coming in third, while Garcia was not, placing fourth.

Images, remember, can be enlarged by clicking on them.

Earlier collections of emails can be found in Part 1 and Part 2.

That the Lake County State’s Attorney is investigating the matter is found here.

School Board incumbent has a list of Grayslake School District 46 employees for which incumbent running mate Sue Facklam request. One wonders where the list originated.

A proposed letter to Illinois Education Association (teacher union) members was discused on March 16th in an email from Bob Garcia, an employee of the school district with his School Board wife. While some might think it strange for a school board member to have a spouse on the payroll, it is less rare than one might think. Taxpayers do not seem to see any conflict of (or convergence of) interest.

The incumbents are still trying to tap into the resources of the Lake County Democratic Party's Votebuilder on March 17th. The suggestion from incumbent Sue Facklam to incumbent Mary Garcia is to call their consultant, Alex Finke, to whom they have now sent a check.

This email (subject line: "the campaign") from Sue Fackham tells last name withheld "Lisa" and Mary Garcia that her son's friends are willing to pass out literature...for a price. Facklam also solicits senders of friend-to-friend endorsement cards for which postage will be supplied.

"Prohibited political activity" is the topic of this email from Lennie Jarratt to District 46 School Board members and other school district personnel. Attached evidence was apparently not provided by the school district Freedom of Information Officer. See the rest of the email below.

This is a continuation of the email from Round Lake Beach's Lennie Jarratt above.

With the election about a week away, after the warning email from Lennie Jarratt, School Board President Mary Garcia begins to be cautious about using school district email addresses.

Email traffic with Grayslake School District addresses stops showing up about ten days before the election.

The next one–right before the election–is from the office of Republican State Senator Suzi Schmidt.

It conveyed a letter about “alleged ethics violation of Mary Gracia” concerning a March 5th email.  It was sent to Northbrook/Glenview Elementary School Distrrict 30 Superintendent Ed Tivador and Board President Jim Beam and members of the Board of Education.  District 30 is where Grayslake School Board President Mary Garcia is President of the teachers’ union.

The last email is from Chicago Tribune reporter to defeated School Board President Mary Garcia.

That’s what the Trib Local scribe Andrea Brown is reporting.

An official investigation has begun.

You may remember that the Special Prosecutors of McHenry County State’s Attorney Lou Bianchi spent $225,000 we know of looking into the alleged use of official resources for Bianchi’s political benefit.

I believe Quest Consultants International examined over 5,000 emails and found less than ten that were of a political nature. One I remember was from a web hosting company that was told to use a non-government email address to communicate.

Special Prosecutors Henry Tonigan and Thomas McQueen argued that Bianchi assistant Joyce Synek was running Bianchi’s campaign out of the courthouse.

In cross examination of former Criminal Division Chief Nichole Owens, testimony was elicited that Synek’s campaign roll was baking cookies.

In Grayslake, from the email published by McHenry County Blog so far (see “The Grayslake School Board Incumbents’ Campaign (Email) Trail” – Part 1, Part 2 and Part 3),  there is a much stronger case to be made.

Indeed, if as much evidence had been found flowing into and out of the McHenry County State’s Attorney’s Office, I doubt there would have been a directed verdict of not guilty.

I became interested in a series of emails from and to incumbent candidates running for re-election on the Grayslake Unit School District 46 Board.

They are of interest, first, because they were sent on two school district email accounts and, secondly, they give a pretty good indication of what happened when during a teacher union-backed election campaign.

2011 election returns for Grayslake Unit School District 46. Challengers Kip Evans and Shannon Smigielski ran second and first. Incumbent emailer Sue Facklam placed third. Her running mate Mary Garcia came in fourth.

I have noted previously that in low turnout elections, relatively small, but well-organized groups like teachers unions can have disproportionate influence on outcomes. In McHenry County, it would surprise me if any school district’s board did not have a majority whose members were not supported (officially or unofficially) by its local teachers’ union.

Yesterday, we looked at emails for the first week of March, a month before the April 5th election. (Part 3–the end of the campaign–can be found here.)

This week there was an action-packed meeting that you can read about here and here.

But let’s look at some more emails. As usual, you can enlarge any image by clicking on it.

First, let me post one from March 3rd that should have been in the first article.

Both the Illinois Federation of Teachers and the Illinois Education have a common interest in the re-election of the incumbents. Instructions are given to form a Political Action Committee "once you have raised $1,000."

Republican State Senator Suzi Schmidt shows up in this email.

As of March 7th Republican State Senator Suzi Schmidt is still in the loop.

The incumbents running for re-election sought help from Lake County Democrats. They wanted access to Votebuilder. Campaign consultant Alex Finke is identified as having worked on Democratic Party campaigns in McHenry County. An email sent to 8th Congressional District Committeewoman Nancy Shepherdson is included. 8th Congressional District Democratic Party Committeewoman writes Sue Facklam, "I fear the Tea Party in your race, as well." Of course, Tea Party activists have been blamed (credited) with Congresswoman Melissa Bean's 2010 defeat.

There is reference to a letter to Illinois Education Association (IEA) members in this email. the school district seems not have supplied an attachment.

Literature for Mary Garcia and Sue Facklam is discussed here. One signer of the piece is fellow Board member Ray Millington, who was elected President of the new board.

An exchange about yard signs and flyers from Grayslake School District employee Ellen Correll to North Chicago Unit School District Ph.D. Douglas Parks is in this email.

The teacher-supported candidates reveal why liberals only want written questions. It's so their liberal friends can screen out embarrassing questions. " I definitely want written questions," emails Sue Facklam, the incumbent who won re-election. "I do not want questions from the audience," writes losing Board member Mary Garcia.

School board member Ray Millington (now District 46 Board President) sends the opposition's post card via the Grayslake School District email server.

Sign placement was the topic of this email to Grayslake Village Trustee Ron Jarvis, who won re-election.

More tomorrow.

What caught my interest today was an article on the Lake County Tea Party site by Paul Mitchell about Grayslake Unit School District 46.

It is based on emails sent to and from the school district’s email server and shows the planning and execution of the re-election campaigns of incumbent school board members Sue Facklam and Mary Garcia.

I dipped into the email source documents (which can be accessed at the bottom of Mitchell’s article) obtained through a Freedom of Information request and found some that I would like to share with you.

In long,  long documents like state budgets, I start at the bottom and work my way up.  That’s works for budgets, because legislative leaders often bury bad things near the end.

It works for emails because the last one sent responsive to the FOI request is on the bottom.  For you though, I’ll put them in chronological order starting about two months before the April 5, 2011, election.

What I find most interesting is the interaction between consultant Alex Finke and the candidates.  (In any of these emails, you can click to enlarge them, if you can’t read them.)

This March 1st email from incumbent Mary Garcia to consultant Alex Finke seems to give advice on how to evade the Illinois Campaign Finance Disclosure laws.

This email from incumbent Sue Facklam tells of how gift cards were give to high school students who registered to vote. She notes that practice "is probably illegal."

This email tells how the incumbents reached out to Lake County Democrats for data base help.

A retired teacher apparently sent a letter to the editor. The reaction was to try to find out how much of a salary bump he got before retiring.

Teachers are filling out "friend-to-friend" post cards. The union will pay postage.

Lake County Democrats are unwilling to share Votebuilder because Mary Garcia, one of the incumbents, did not vote in the Democratic Party primary election.

"You won last time doing nothing."

Campaign FaceBooking about noon at school.

Here's a campaign appearance invitation.

"Is it illegal for me to forward this??" asks Diane Elfring, the District 46 teacher union president.

The Patf's Pizza fund raiser does not have the required campaign disclosure telling where one can purchase a copy of the political action committee's campaign disclosure report.

What follows–in two parts–is an email telling how a joint campaign might avoid filing campaign disclosure reports.

The local library's email seems to have been used for political purposes.

More later. (Here are Part 2 and Part 3.)