McHenry County Blog

When I was on the Prison Reform Committee in the Illinois House during the late 1990′s, I expressed my constituents’ and my lack of belief at why the Illinois Department of Corrections could not keep drugs out of state prisons.

After all, there are only three main access points:

• the visitors
• the vendors
• the guards

The guards’ union got really disturbed when I uncovered statistics that showed a higher percentage of correctional officers than inmates testing positive for drugs in some prisons.

Today an indictment from the McHenry County State’s Attorney reveals that the Sheriff’s Department has been unable to keep drugs out of the McHenry County Jail.

Here’s the information that appeared today on the State’s Attorney’s press release about indictments:

EDWARD A. MERCADO
13-11836
13CF338
WOODS
DOB: 02/27/1974
MCSP
1811 WOODSIDE DRIVE
WOODSTOCK, IL 60098

UNLAWFUL POSSESSION OF CONTRABAND IN A PENAL INSTITUTION,
UNLAWFUL POSSESSION OF A CONTROLLED SUBSTANCE, UNLAWFUL
POSSESSION OF HYPODERMIC SYRINGE, UNLAWFUL POSSESSION OF DRUG
PARAPHERNALIA

The information on the McHenry County Sheriff’s Department web site about Mercado appears below:

According to the indictment, the arrest was made on April 16th.

Gary Engel, an ex-cop from Willow Springs under Federal extortion charges, apparently committed suicide at the McHenry County Jail.

The Chicago Tribune story provides a lot of background about the case.

In the Northwest Herald story, Undersheriff Andy Zinke is quoted, although the new organization chart says he has nothing to do with the Corrections Division, which obviously gets Federal money for this Federal prisoner, plus lots more for the immigration detainees.

After filing a Freedom of Information Request for photos of Keith Nygren’s chosen successor, Andy Zinke, I got a couple of photos in which you might be interested.

One was dated July 5, 2012.

It was of the swearing in of Deputy Lance Powell.

That in and of itself might not interest anyone but Powell, his family and his friends, but look at the patch on Zinke’s right shoulder.

In his complaint to the U.S. Justice Department that Zinke was violating the Hatch Act, McHenry County Republican Sheriff’s candidate Jim Harrison contended that Zinke was still running the Corrections Division, which takes in lots of Federal money through the illegal alien detention floor, after the organization chart was modified to take him out of the loop.

See organization chart here. See other references to the Corrections Division here and here

If Zinke no longer had any authority over the Corrections Division, one would think he would not be wearing a Corrections Division patch.

This is another part of the long letter that Jim Harrison, the Republican primary candidate for Sheriff challenging Undersheriff Andy Zinke filed to challenge the March 19 finding by the U.S. Department of Justice’s Office of Special Counsel’s determination that Zinke is not violating the Federal Hatch Act.

On May 15, 2012, the McHenry County Board passed a Resolution (R-201205-32-117) authorizing transfer of 2011 SCAAP (federal pass-through) funds in the amount of $22,025 to the Sheriff’s 2012 budget for Computer Software and Machinery and Equipment expenses, both areas within the Undersheriff’s authority.

MOST NOTABLY: THE FOLLOWING INFORMATION CALLS INTO QUESTION THE REPRESENTATION MADE BY SHERIFF NYGREN WITH RESPECT TO UNDERSHERIFF ZINKE’S INVOLVEMENT IN THE FEDERAL DETAINEE PROGRAM:

On May 7, 2012, Undersheriff Zinke, Sheriff’s Office Business Manager Angela Wood-Zuzevich, and McHenry County Administrator Peter Austin made a presentation to the McHenry County Board Law and Justice Committee concerning the jail contract with the federal government. Below is a verbatim excerpt from the minutes of that meeting:

“…PRESENTATION
Jail Contract: Committee members were joined by Undersheriff Zinke and Ms. Wood-Zuzevich, to discuss how to move forward with the Federal Contract Jail Bed Rental program. [Emphasis supplied]. Mr. Austin noted that he worked with Mr. Sarbaugh, Ms. Wood-Zuzevich and Undersheriff Zinke [emphasis supplied] on this presentation to frame the discussion for today’s meeting. Committee members were reminded that this program is identified as a part of the County Board’s 2012 Strategic Plan.

The action needed for the plan is to develop an analysis of terms and conditions that need to be considered in a future contract, if we should do another contract again. Even though this is 2 ½ years away, this is not a small endeavor.

In 2002 Federal representatives approached McHenry County about formalizing a partnership that was already benefitting the County and themselves.

In 2003, they discussed the possibility of creating a long term relationship by completing the construction of the third floor of the jail for use as an anchor facility for ICE. They wanted a 20 year deal, though this was reduced to 10 years.

This was not assumed to be a permanent ICE solution though it did solve McHenry County’s jail questions for the foreseeable future.

At that time, McHenry County was in the midst of two decades of explosive growth so there were legitimate concerns about jail space.

Most large counties in Illinois shared these concerns.

McHenry County was provided with an answer to this problem by being offered $6.5 million dollars from the Federal Government to build out the jail.

The jail space issue was answered for the next two decades. This required McHenry County to provide a minimum of 232 beds for ICE detainees.

The County covered these costs with per diems.

The McHenry County Board had the courage and vision to enter into this agreement and has received approximately $65 million dollars in per diems from the Federal Government.

So far this year the County has collected $4.9 million dollars so it looks like the County may collect $10 million from this year’s contract.

This has been a significant and predictable revenue stream, on a monthly basis for the County.

The benefits to the County have been real.

The cash flow has been significant.

This has allowed them to add efficiencies, jobs, and assists the federal government in an extremely critical public safety capacity.

The County is applying for a new per diem though the County is currently at the highest per diem in the Midwest.

The County would like a contract that includes language that would allow for inflationary adjustments.

Prior to March of 2002, the County received a per diem rate of $50 per day, that rate is now $85 per day.

= = = = =
More tomorrow.

A week ago I wrote an article asking whether the McHenry County Sheriff’s Department had a Federal Hatch Act problem.

If you need to get up to speed, you can find it here.

The Hatch Act says a person under its jurisdiction “may not become a candidate in a partisan election.”

How does one get under the jurisdiction of this Federal statute?

Here’s the answer:

“The Hatch Act restricts the political activity of individuals principally employed by state or local executive agencies and who work in connection with programs financed in whole or in part by federal loans or grants.”

So, with the McHenry County Jail having one floor rented out to the Immigration and Customs Enforcement folks, anyone in charge of it would seem to fit that prohibition.

Take a look at last year’s organization chart for the Sheriff’s Department:

The organization chart for the Sheriff’s Office is different in the 2012-13 budget submission.

The Undersheriff no longer supervises the Jail.

One can only wonder why the change was made.

As a former Federal employee (Budget Examiner) for the United States Bureau of the Budget, I know a little bit about the Hatch Act.

It was the statute that forced me to resign my Civil Service job in the Executive Office of the President before I announced at age 23 that I was running for the Republican Party nomination for McHenry County Treasurer.

The way I understood it then, those under the Hatch Act could not be active in partisan politics while one was under that statute’s jurisdiction.

Either I had a misunderstanding of the Act then or it has been loosened a lot since 1966, because those under the Act can now even run for Delegate to a National Political Convention, campaign actively, even give a speech at a political fund raiser.

The generalization stated on the web page is “most federal and D.C. government employees may take an active part in partisan political management and campaigns.”

But, there are a couple of prohibited activities.  A person under the Hatch Act

• may not use official authority or influence to interfere with an election;
• may not solicit or discourage political activity of anyone with business before her agency;
• may not engage in political activity while on duty, in a government office, while wearing an official uniform or while using a government vehicle;
• may not solicit, accept or receive political contributions;
• may not become a candidate in a partisan election.

To find out who might be under the Hatch Act today for non-Federal employees, I went to the web site of the Office of Special Counsel of the U.S. Justice Department and found a section on the Hatch Act.

I went to the section entitled, “About The Hatch Act State and Local Employees.”

Here’s how the section starts:

“The Hatch Act restricts the political activity of individuals principally employed by state or local executive agencies and who work in connection with programs financed in whole or in part by federal loans or grants.”

It continues,

“The following list offers examples of the types of programs which frequently receive financial assistance from the federal government: public health, public welfare, housing, urban renewal and area redevelopment, employment security, labor and industry training, public works, conservation, agricultural, civil defense, transportation, anti-poverty, and law enforcement programs“[emphasis added].”

The final paragraph reads, “State and local employees subject to the Hatch Act continue to be covered while on annual leave, sick leave, leave without pay, administrative leave or furlough.”

Take a look at what the first part of 5 US Code Section 1502 – Influencing elections; taking part in political campaigns; prohibitions; exceptions says:

(a) A State or local officer or employee may not—

1.  use his official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for office;
2. directly or indirectly coerce, attempt to coerce, command, or advise a State or local officer or employee to pay, lend, or contribute anything of value to a party, committee, organization, agency, or person for political purposes; or
3. be a candidate for elective office.

Could it be possible that this part of Federal statutes applies to some folks in McHenry County?

County government, does, of course, get federal money both directly.

Think, for instance, the money from Immigration and Customs Enforcement that flows in large amounts to the County Jail for housing undocumented aliens, and indirectly through State government pass-throughs.

So, one might think that whoever has charge of the County Jail would be under the Hatch Act.

Ultimately, that would be Sheriff Keith Nygren himself.

So when the Hatch Act says a “local officer” under its jurisdiction

“may not use his official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for office”

does that mean Sheriff Nygren can’t endorse his Undersheriff Andrew Zinke for Sheriff as he so publicly did in the Northwest Herald?

And does Zinke have control of the Jail where an entire floor is dedicated to housing ICE detainees?

From an April 28, 2012, YouTube, the summary of which you can see below, it appears that might be the case.

In the May 7, 2012, minutes of the County Board’s Law and Justice Committee, Zinke is listed along with Angela Wood-Zuzevich as representing the Sheriff’s Department.

The Sheriff’s Department also administers other Federal grant money, e.g., for child passenger seats, State Criminal Alien Assistance Program (SCAAP), and Sustained Traffic Enforcement Program (STEP).

The McHenry County Sheriff’s Office and the County’s IT Department deserve a hefty “at-a-boy” for the web site update.

Sheriff Keith Nygren and Undersheriff Andrew Zinke are featured on the masthead of the opening web page.

For the first time, people can find who is incarcerated without making a phone call.

McHenry County Blog wrote about how behind the times McHenry County was in this respect in May of 2010.

Then, I found Lake, Kane, DuPage, Cook, and Winnebago Counties had internet inmate search functions.

I filed the following Freedom of Information request:

“Most of the large counties in Illinois have an Inmate Search function.  Under the Freedom of Information Act, I request any documents that exist concerning McHenry County’s developing such a service to the public.”

Here’s the answer I got:

“The McHenry County Sheriff’s Corrections Division does not have any documents concerning the development of this service.”

With the exception of Federal prisoners and those considered juveniles, photos and charges for McHenry County Jail inmates can now be found over the internet.

On Thursday, they ranged from

• Jose Aguilar, jailed for aggregated robbery, to
• Matthew S. Zeis, behind bars for DUI/BAC and criminal damage to property.

Court dates and courtrooms are given.

Bond is given.

For some, the message, “SUBJECT MAY HAVE A HOLD FOR ANOTHER AGENCY,” appears.

I see that for Ramundo Vazquez, for instance.

It’s really a fountain of integrated information.

Information about those recently released is also on the web site.

Information about those on for whom ICE pays the county $85 a day is not similarly available.

All that exists is a link to the Immigration and Customs Enforcement web site.

It seems to me that one pretty much has to know what one is looking for to be able to find it.

This was rolled out two years ago.

The information provided on McHenry County prisoners is so, so much more useful.

The Chicago Sun-Times reports that ex-Governor Rod Blagojevich’s Chief of Staff John Harris will serve his ten days behind bars at the McHenry County Jail.

The Robinson Library has this about Eugene Debs’ time in Woodstock:

“When Debs and other ARU leaders refused to back down, they were arrested for failing to comply with a federal court injunction; they subsequently spent six months in the McHenry County Jail, in Woodstock, Illinois.”

The crown jewel in McHenry County Sheriff Keith Nygren’s crown is the top floor of the McHenry County Jail.

Constructed by a County Board that thought McHenry County’s criminal population would grow, it was not built out until Nygren came into office.

He cut a deal with Federal immigration authorities to house illegal immigrants there.

That floor has been a cash cow ever since.

Now word comes word via an article by Marc Wiley in Illinois Review that Crete, Illinois, officials are negotiating with Immigration and Customs Enforcement officials for another place to put illegal aliens.

The $60 million facility would be privately financed, run by Corrections Corporation of America and would be on the tax rolls, village officials think.

Sounds like competition for McHenry County, maybe a way to drive ICE costs down.

When I discovered the proposed contractfor McHenry County Correctional Officers, I asked for cost information.

It arrive yesterday afternoon and I share it with you below:

In response to your FOIA request, the current annual salary cost for Unit II Corrections is $10,539,131.20.

The recently approved contract with the Fraternal Order of Police for Unit II Corrections provides for a 12/1/11 salary increase of 2% and subsequent salary increases of 2.75% in FY ’13 and 3% in FY’14.

Salary growth of the three year contact can be calculated multiplying the annual increases using the base salary amount.

[I get salary payouts under the contract at

• $10,749,913 or year one of the contract
• $11,045,535 for the second year and
• $11,375,901 for the third year.]

Additionally, effective July 1, 2013 PPO [Preferred Provider Option] Employer and Employee contribution percentages to co-insurance will change from 90% to 85% (90/10 to 85/15).

Compensation time accruals and sick leave policy changes favorable to the County were also a negotiated part of the contract.