We know from our recent examination of the doctrine of incompatible offices that compromising the loyalty of an elected officer is prohibited. A person holding elected office cannot hold any other role — as employee, appointee, or a second elected office — that could reasonably be expected to conflict, or even appear to conflict, with the first elected office. A person occupying elected office has one loyalty, and that’s to the electorate. Nobody else is the elected person’s boss.

In DeKalb government, this is true of city council members and the city clerk. Both are elected positions and nobody should buy the story that any of these elected officers are also employees of the municipality, for to do so invites perversion of the original intent of an elected office.

As we saw in the post about incompatible offices, however, DeKalb holds itself to no such standard, but instead chooses to create confusion by pretending that the city clerk’s position comprises a dual role, that of officer and employee at the same time.

Moreover, some of the offenses committed against the doctrine of incompatible offices are way worse than the confusion sown verbally by city staff. For reasons we will examine at a later date, the corporate authority (city council) of DeKalb has in recent years approved ordinances in line with an appointed clerk instead of an elected one. In a very real way, the corporate authority has usurped the statutory powers placed with the elected city clerk and vested them in the city manager. Read the rest of this entry

DeKalb isn’t particularly good at observing boundaries. One example is that DeKalb’s contracted attorney is allowed to sit with the city council during planning sessions as an assistant in setting strategic priorities. In other words, a contractor gets to step out of his assigned role to provide unfettered input into public policy that the public itself never gets to enjoy.

But while the attorney’s extra privileges are plenty objectionable from an ethics standpoint, the most egregious errors in failing to maintain separation of roles have arguably come about in DeKalb’s dealings with the city clerk’s office beginning in 2012, when clerk Steve Kapitan was forced to resign. Here’s what city staff said about it at the time (my emphases):

[City manager Mark] Biernacki explained that because of Kapitan’s unique situation as both an elected official and city employee, certain confidentiality rights are in place.

The city, as the former employer of Mr. Kapitan, has certain obligations to keep his personal records confidential,” said city attorney Dean Frieders…

City of DeKalb again combined the roles of city employee and city clerk when Diane Wright was appointed in Kapitan’s place later that year, yet also kept her administrative job with the city (again, my emphasis):

With recent changes in City Hall staffing, a proposal has been developed to provide more efficient use of City personnel to perform administrative functions for the City, by utilizing the currently serving Acting City Clerk in a dual role as City Clerk and Executive Secretary.

These moves are problematic specifically because citizens of DeKalb have voted twice in the past 10 years to retain their municipal clerk as an elected position. While certainly “unique” and possibly even “efficient,” these elected official-city employee hybrids are not allowed under Illinois law. Elected officers are intended to serve only one master, and that’s the electorate. Read the rest of this entry

Yes, “is.” Emails obtained by Michael and Misty Haji-Sheikh of Preserve Our Neighborhoods show that even though collaborators ultimately rejected formal incorporation of College Town Partners in May 2014, the intention remained to suck sweet, sweet tax dollars out of City of DeKalb via Tax Increment Financing (not even getting into NIU and use of the NIU Foundation, though we definitely should at some point). There is no reason to believe the schemes were dropped, especially now that the mastermind has wormed his way onto the NIU Board of Trustees.

Yes, “schemes.” How else to describe the dreams of a local banker (and longtime Sanitary District trustee, by the way) to transform a college-adjacent neighborhood and get DeKalb to pay for the project. He apparently is so persuasive that the other officials involved, including our mayor and city manager, went along with him for months though their status absolutely precluded participation as partners in a private entity intent on spending public money over which they exert control. It was a gargantuan conflict of interest; we should find ourselves shaken by the apparent ignorance or disregard of their duties to the public while they spent oodles of staff time and other resources to bring them to the brink of a formal agreement without council’s prior authorization.

Indeed, we’ve not heard a peep of public discourse that hasn’t been tied to citizens’ dogged pursuit of information.

Click here to read the email indicating that College Town Partners might have been buried, but not outright killed. If the Shodeen people ever get their hotel and apartments approved, look for CTP to dig up the undead baby, give it a costume change and present it as the inevitable and desirable retail counterpart to Shodeen’s residential development.

Related post: Tim Struthers Gave DeKalb’s Mayor Talking Points When the College Town Partners Story Broke

During the regular city council meeting last night, I challenged DeKalb city manager Anne Marie Gaura’s claim that she lives in DeKalb.

The DeKalb Municipal Code does not explicitly require that the city manager live in DeKalb, but the city’s contract with Gaura does. She was obligated to establish residency in the city within one year of her hire date in early 2014.

The requirement is important, because Gaura heads up emergency services. Police, fire, and public works all answer to her.

However, public records suggest she still makes her real home in Kane County. Read the rest of this entry

If you haven’t heard, banker Tim Struthers has been appointed by Governor Rauner to the NIU Board of Trustees, pending approval by the Illinois Senate. Trouble is, there’s compelling evidence of major conflicts of interest in his appointment, which the Edgar County Watchdogs have outlined admirably.

Struthers presently serves on the DeKalb County Sanitary District, The NIU Foundation Board, and holds over five million dollars of NIU money on a daily basis in his bank. If the past informs the future, we should look closely at an incident in recent history where Mr. Struthers leveraged his banks [sic] relationship with NIU, the City of DeKalb, and the NIU Foundation.

The Watchdogs are speaking, of course, of the College Town Partners public-private partnership deal for redevelopment involving NIU, City of DeKalb, two banks and a developer.

Representatives of Struthers’ bank drafted the partnership documents, which included a memorandum of understanding and a 50-page operating agreement that were secret until leaked to members of a neighborhood group following a May 2014 meeting of the parties.

To look at the agreements it’s obvious they were unworkable. For example, there is no way DeKalb’s city manager could legally have managed a private partnership operating in the same city and using DeKalb taxpayers’ money; a confidentiality clause was also problematic. As I wrote at the time, “Whoever developed [these agreements]…possesses no grasp of the ‘public’ part of public projects.”

Emails obtained through the Freedom of Information Act indicate that a press release distributed by Preserve Our Neighborhoods on May 27, 2014, resulted in a local radio station contacting Mayor John Rey about the partnership. Rey in turn contacted Struthers and NIU officials to discuss the matter. Struthers responded in detail.

By the way, Michael and Misty Haji-Sheikh of Preserve Our Neighborhoods have spent the past year and a half requesting, fighting for, and sifting through emails, calendars and other records obtained under the Freedom of Information Act, and whether or not the College Town Partners signed something is still anything but clear.

The Illinois Attorney General’s Public Access Counselor has accepted my Request for Review of the DeKalb city council’s decision of May 26 to raise the city manager’s pay without public discussion.

From the Request:

There was no public deliberation of this matter even though citizens requested beforehand, both privately and publicly, that Council remove the item from the consent agenda to discuss and vote on it separately.

I believe a reasonable person would conclude that the matter had been discussed in closed session, which of course is allowed by the Open Meetings Act. However, OMA requires that closed session deliberation on personnel matters must end with public action, including recitation of the action item and giving other information to educate the public before the final vote is taken. These things did not happen, so the public was deprived of information such as why the raise is justified, how it affects the current budget, and why the decision was made to make it retroactive.

Although I did not specifically allege that an improper closed session took place — my focus is on council’s failure to bring what was discussed in closed session to light — the PAC will review both open and closed session meeting minutes. And there’s a question hanging: Who’s bright idea was it to place the raise on the consent agenda to avoid public deliberation, and how was consensus reached? The personnel exception to OMA allows only deliberation of:

The appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. [5 ILCS 120/2(c)(1)]

Nothing in this exception allows for discussion about how to dodge public openness via consent agenda.

To my knowledge, three citizens requested of council members that they remove the item from the consent agenda for separate consideration. Council used to honor these requests. If they had done so on May 26, the city wouldn’t have to explain its actions now. Too bad.

The determination arrived Friday. Find it here.

The Illinois Attorney General’s Public Access Counselor (PAC) has found that City of DeKalb violated the Open Meetings Act (OMA) in two ways when it approved a settlement agreement with the U.S. Department of Justice on January 12:

  • The city misused the exception to open meetings having to do with imminent/pending litigation by failing to first make a finding that there actually was imminent/pending litigation.
  • The city failed to take final action (vote) to approve the agreement in open session.

  • While both violations are important in helping council members understand the OMA better, as well as to evaluate the performance of their attorney AKA SuperLawyer, it’s the second that probably has more implications for how city business is done in DeKalb. Read the rest of this entry

    Mayor John Rey had a guest column in the Chronicle this week. As is par for the course with City of DeKalb administrations, he calls criticism of the city’s actions “misinformation” and “rumors.”

    There are two reasons people are upset. One is evidence that the city withheld information about the U.S. Department of Justice evaluation of DeKalb’s compliance with Americans with Disabilities Act. The other is the manipulation of information to create anxiety over a DOJ deadline, which enabled the proposal of a no-bid contract with an overly expensive, non-local, sole-source website designer that the city manager likes.

    We’ll discuss the first reason today. Mayor Rey, after you: Read the rest of this entry

    From the Daily Chronicle today comes “DeKalb aldermen confront budgeting issues.”

    During their Monday discussion of the budget for the fiscal year that starts July 1, DeKalb aldermen were told the city will need to cut services or boost revenue in order to maintain operations in the coming years.

    Beginning July 1, alderman were told, the city should shift its structure and look at the way the general fund is used.

    “The main thing is the current structure of how everything is put together is not sustainable,” City Manager Anne Marie Gaura said. “Something has to change and that will require policy decisions in the coming months and coming years on how to address this long-term.”

    Gee, where have I heard this before? Read the rest of this entry

    The Daily Chronicle notes that new DeKalb city manager Anne Marie Gaura has made some personnel changes. I am particularly gratified by this statement:

    The moves all deal with personnel issues, a subject on which employers are generally limited on what they can say, but they could have announced they happened.

    The Chronicle’s actual main point is that Gaura is shaking things up and it looks like the aim is to save money while improving service. This is something I’d love to embrace 100% but I keep getting hung up on the city’s failure to communicate these decisions until confronted.

    By passing up opportunities to announce changes, DeKalb is squandering opportunities to rebuild trust that previous city leaders destroyed through a culture of dishonesty and secrecy.

    Speaking of which, have you seen the video of Saturday’s town hall meeting yet? Distrust and suspicion were recurring themes.

    Mayor Rey has un-ironically declared on his Facebook page, “I see a better, safer and more transparent DeKalb.”

    Yet DeKalb is a town that:

    — Told no one that its finance director had resigned until specifically asked about it more than a month later.

    — Refused to announce the location of its warming center during the worst of the winter.

    — Allowed citizens to find out the hard way last week that there was no one available to issue the permits that they needed.

    The above events don’t reflect a better, safer or more transparent DeKalb. They are anti-public relations and furthermore enough removed from common sense as to have ventured a toe into the realm of the bizarre.