McHenry County Blog

The following was written by Scott Reeder, the journalist in residence at the Illinois Police Institute:

EDUCATING IN THE DARK

As a journalist, I have filed thousands of Freedom of Information Act requests with Illinois school districts and uncovered major personnel problems and cases of criminals teaching.

So please forgive me if I’m a bit touchy when I hear school districts want to make it more difficult for the public to hold them accountable – or even know what they are up to.

But that is exactly what would happen under a resolution from the Illinois Association of School Boards to change Illinois open records laws.

IASB Executive Director and former state lawmaker Roger Eddy noted that the resolution initially was passed by his members well before he took the helm of the organization this year. But he added it is something his members want.

“This doesn’t surprise me,” said Josh Sharp, a lobbyist for the Illinois Press Association.

“It’s typical of how public bodies in this state think they should be able to operate – with a special set of rules for themselves. Frankly, it’s a slap in the face to the taxpayers who pay their salaries. “

Adam Andrzejewski, founder of For the Good of Illinois, was more blunt.

“Groups such as these use tax dollars to lobby against the interests of taxpayers,” he said.

It works like this:

1. Member school districts use tax dollars to pay dues to IASB.
2. Then, Eddy and the association pay lobbyists to push legislation supported by the association. Sometimes, this legislation is aimed at keeping the public in the dark about how tax dollars are being used.

Here are some of the things the IASB’s FOIA resolution calls for:

• Increase allowable FOIA response time from 5 business days to 10 business days.
• Exclude official school breaks in business day response time.
• Allow denials for commercial purposes.
• Allow denials for any request that is deemed “unduly burdensome.”
• Allow a request to be denied if it is “unduly burdensome” to the public body if the public body deems compliance with the request would result in excessive response costs.
• Exempt employment applications of individuals who apply for high profile positions.
• Eliminate requirement that public bodies give a detailed legal explanation when indicating why they are claiming an exemption.
• Allow public bodies to seek review of a binding opinion of the Public Access Counselor in the county in which they are located.

GETTING THE DISCUSSION GOING

At least since the days Gov. Dan Walker, there have been calls for better disclosure laws to provide the public with more information on potential economic conflicts of interest of their elected officials.

And for the last year, the Better Government Association has been working behind the scenes to drum up support for a law that would require more information be provided in the Statements of Economic Interests that all elected officials are required to fill out.

Emily Miller, policy and government affairs coordinator for the BGA, said she hopes legislation that has been introduced will go a long way toward getting lawmakers to begin the debate on what should be disclosed.

“This isn’t a pie-in-the-sky bill,” she said. “I think we are being very pragmatic in what we are asking.”

The BGA said the bill would require officials to report:

• Assets valued at more than $10,000
• Additional sources of income in excess of $2,500
• Debts over $5,000 incurred by or owed to the filer, other than those owed to a financial institution.
• Lobbyists with whom the filer has an economic relationship
• Family members of the filer, including a spouse, child, step-child, parent, step-parent or sibling, who are lobbyists registered with any unit of government in Illinois
• Gifts with a value of $500 or more

The push to disclose if a lawmaker is related to a lobbyist is relatively new.

Last year, Sen. Mike Jacobs, D-East Moline, got into a confrontation on the floor of the Illinois Senate with Sen. Kyle McCarter, R-Lebanon.

McCarter had noted Sen. Jacobs sponsored legislation backed by Commonwealth Edison even though his father, Denny Jacobs, was a lobbyist retained by ComEd.

Here is what Denny Jacobs said Tuesday night when asked what he thought of the bill:

“As many —– —- times as The Dispatch and the Quad-City Times have written about me being a lobbyist, if people in Mike’s district don’t know it already we have a real problem.”

As you had reported on June 21st, Patrick Miller resigned from the District 15 Board of Education, with a note at the end of his resignation letter asking for the board to consider reappointing him to the vacancy.

The original deadline for resumes to be submitted was July 7th. A meeting was then held on July 12th, to appoint a replacement.

There were 2 people who submitted their resumes to be considered for the vacant position.

I was one of those two along with Mr. Miller.

The board decided to postpone their decision, until tomorrow night, August 2nd at 7:30pm, presumably due to a desire to get more than 2 people to submit their resumes.

They reopened the opportunity for those interested to submit resumes until July 28th.

In a phone call to the district office this past Friday, I was informed that there are a total of 4 people who have submitted their resumes and are being considered to fill this vacancy.

The idea that Mr. Miller might be reappointed to this position is very upsetting.

In his letter of resignation he used the term “oversight”, to explain his failing to submit his statement of economic interests.

Even if you assume that is was an oversight (regardless of the fact that he was sent 3 letters by the County Clerk, and probably reminded as he filed his statement of candidacy, as well as the numerous references to the required filing in Illinois candidate’s guide), a decision to reappoint him to this vacancy would be irresponsible to say the least.

To simply miss 3 letters requesting that you file an important document, should be enough that the board would no longer even consider him for the opening, but it seems that is not the case.

We need several concerned citizens to come out to this meeting and address the board on this issue.

We need to let the board members know that we don’t want Mr. Miller to be on the board if he is unable to respect the citizens of the district to meet the states minimal requirements.

While I am hopeful that I will be appointed to this position, I think the most important point here is that Mr. Miller cannot for the sake of the district be appointed.

If you would be kind enough to pass on this information, that would be great. Thank You for the great service that you do for the citizens of the county in keeping us informed of issues such as this.

Sincerely,

Erik Sivertsen

I’m reminded of what my daughter Alexandra said when she was two and a half and on her first weekend visitation provided in divorce proceedings with Robin Geist.

Alexandra was all dressed up in a pretty outfit that first weekend. We had taken her to some craft show at the Methodist Church’s Wesley Hall where she got a clothespin Big Bird, complete with feathers)  and played outside on the monkey bars.

I decided to take her to the Crystal Lake Police station to get her fingerprinted.

Alexandra threw a fit.

“I don’t need it. I don’t need it,” she screamed.

Repeatedly.

The police officer took her into a room, put the ink on her fingers, pressed them down and then helped her wash her hands in a nearby bathroom.

“That didn’t hurt a bit,” said a beaming Alexandra as she walked out of the washroom.

I thought of all the sturm und drum, the beating of breasts (use your own characterization) that preceded the passage of the conflict of interest ordinance inspired by the Alliance for Land, Agriculture and Water (ALAW) in its pre-February, 2010, primary election questionnaire.

You’ll remember ethics was on the front burner then.  Most County Board candidates voluntarily completed ALAW’s questionnaire, even when it took a lot of time and effort, as it did with Vic Narusis’.

From the commotion during County Board consideration you’d think revealing real estate holdings within McHenry County was going to be so, so damaging to the officials who serve McHenry County residents.

Certainly, it was a reasonable request, considering zoning is a way to vastly increase the value of land. Potential conflicts of interest should be public knowledge for everyone having a hand in the process.

And certainly if family members are going to make a buck from county work that should be common knowledge before contracts are let or products sold.

I went to the McHenry County Clerk’s Office this week to see any of the Statements of Economic Interests had been filed.

There were about a half an inch of the blue sheets, too many for me to want to examine.

So I only asked for those of County Board members.

A number had filed.

Most showed nothing more than the old “None, None, None” Forms.

County Board Chairman Ken Koehler’s had the most writing, so today we’ll take a look at it.

One question asks if the official or members of the immediate family has “interests in real property located within the county.”

If the answer is “Yes,” the following information is requested:

“The nature of your interest in the real estate and your instrument or ownership 5ILCS 420/1-115 (deeds. common stock or preferred stock certificates, rights, warrants, options, bills of sale, contracts, interests in proprietorships, partnerships and join ventures, and beneficial interests in trusts or land trusts).”

1. 

   Click to enlarge.

   Common Stock – Flowerwood Inc+/- 17 acres located NW corner Rt.14 + 176 C.L.

2. Trust-partnership 50% +/- 17 acres located Country Club Rd Ridgefield
3. Trust-partnership 1/3 – Residence 273 Plymouth Lane, Crystal Lake

The next question asks for the location of the real property.

1. Trusts both IL Rt 176 + US 14 just NW of Flowerwood Garden Center + Flowershop
2. Trusts Country Club Road in Ridgefield NW of Alexander Lumber/borders U.P.R.R.
3. 273 Plymouth Lane, Crystal Lake

Next the Property Index Numbers are requested

1. 14-31-151-002
2. 13-24-300-018
3. 19-03-152-018

On page two, the first question is whether the person or any immediate family member has an interest in any business or professional entity doing business with McHenry County.

Koehler answered, “No.”

Then there’s a question about whether immediate family or the individual is “an officer or director or any business or professional entity doing business with the County or any other local, public governmental agency within McHenry County.”

Koehler answered, “Yes.”

He is a member of the Board of Directors of Sherman Heath Systems, which provides “health care.”

Officials are asked if they owe anyone more than $1,200. Excluded are student loans, installment loans (cars, household effects, etc.), medical and dental debts, credit card purchases, support or alimony obligations, debts owed to spouse or close relative, and debts incurred in the maintenance of your household.”

Koehler answered, “No.”

Since he answered in the negative, he has no one to list as being indebted to.

The final question relates to having been release from an debt of $1,200 or more.

Koehler answered, “NA.”

Officials are then asked to sign a “verification” which, in part says,

“I understand that the penalty for knowingly and intentionally filing a false or incomplete statement shall be an ordinance violation subject to fines and penalties not to exceed $1,000 (55 ILCS 5/5-113).”