1 00:00:10,209 --> 00:00:12,019 this will just ski 2 00:00:12,019 --> 00:00:18,590 yeah it's Hodge dr. day key mr. Blanchet 3 00:00:18,590 --> 00:00:24,560 you're mr. coy judge Wendell min yeah we 4 00:00:24,560 --> 00:00:27,609 have a qualm and thank you very much 5 00:00:27,609 --> 00:00:31,029 according to our agenda the first item 6 00:00:31,029 --> 00:00:36,739 is public comment we have no public or 7 00:00:36,739 --> 00:00:41,540 no comment okay second item is approval 8 00:00:41,540 --> 00:00:48,110 of the minutes and and they were sent 9 00:00:48,110 --> 00:00:50,269 out everyone had a copy as anyone has 10 00:00:50,269 --> 00:00:52,030 comment on it 11 00:00:52,030 --> 00:01:00,170 mr. coy one correction under six the 12 00:01:00,170 --> 00:01:03,350 last paragraph says mr. Kouri enquired 13 00:01:03,350 --> 00:01:05,150 about the confidentially complaints I 14 00:01:05,150 --> 00:01:08,479 believe that was dr. day he said when I 15 00:01:08,479 --> 00:01:19,700 looked at the video yeah okay anyone 16 00:01:19,700 --> 00:01:22,719 else have any comment on the minutes 17 00:01:22,719 --> 00:01:26,210 solution yeah we have a motion to 18 00:01:26,210 --> 00:01:28,609 approve motion to approve the minutes in 19 00:01:28,609 --> 00:01:34,399 a second all right we have a motion and 20 00:01:34,399 --> 00:01:36,619 a second and so we'll have a vote all 21 00:01:36,619 --> 00:01:40,969 those in favor say aye aye opposed nay 22 00:01:40,969 --> 00:01:46,440 no opposition okay so they're approved 23 00:01:46,450 --> 00:01:53,090 all right now are you ready 24 00:01:53,090 --> 00:01:55,700 these will ever be oh good I'm glad to 25 00:01:55,700 --> 00:01:57,380 hear that we need to note one other 26 00:01:57,380 --> 00:02:00,040 appearance 27 00:02:00,040 --> 00:02:03,560 yes dr. Drake II just note this came in 28 00:02:03,560 --> 00:02:08,750 and now where you will have a report on 29 00:02:08,750 --> 00:02:16,040 complaints file from our legal brain 30 00:02:16,040 --> 00:02:18,260 judge ones no I'm just an advisor in 31 00:02:18,260 --> 00:02:23,810 that I know but you got a brain there 32 00:02:23,810 --> 00:02:25,690 was a complaint that is that was filed 33 00:02:25,690 --> 00:02:31,459 and I think it maybe be helpful if I 34 00:02:31,459 --> 00:02:32,810 kind of try to go through the chronology 35 00:02:32,810 --> 00:02:37,610 of some of these I guess we were last 36 00:02:37,610 --> 00:02:41,600 together back in October and I think 37 00:02:41,600 --> 00:02:43,190 that's when the or no December I guess 38 00:02:43,190 --> 00:02:48,170 disapproved a meeting then in January on 39 00:02:48,170 --> 00:02:51,350 January 11th I received from the from 40 00:02:51,350 --> 00:02:54,620 Diane the fact that a complaint had been 41 00:02:54,620 --> 00:02:57,230 received into their office the day 42 00:02:57,230 --> 00:03:00,410 before so I came in and picked it up 43 00:03:00,410 --> 00:03:07,340 and I acknowledge receipt of the 44 00:03:07,340 --> 00:03:11,420 complaint by phone to the complaint on 45 00:03:11,420 --> 00:03:15,829 the same date actually talked to the 46 00:03:15,829 --> 00:03:18,079 person and and at that time she advised 47 00:03:18,079 --> 00:03:23,870 that she might be withdrawing the 48 00:03:23,870 --> 00:03:26,630 complaint because she said she had in 49 00:03:26,630 --> 00:03:27,709 her mind as to without there was 50 00:03:27,709 --> 00:03:30,620 jurisdiction issues whether or not that 51 00:03:30,620 --> 00:03:32,180 was appropriate as far as being filed 52 00:03:32,180 --> 00:03:37,220 with the Commission here excuse me she 53 00:03:37,220 --> 00:03:39,320 also advised us to repair in a more 54 00:03:39,320 --> 00:03:43,190 detailed statement which did 55 00:03:43,190 --> 00:03:47,600 subsequently come in I advised her that 56 00:03:47,600 --> 00:03:48,739 I had commitments for the rest of the 57 00:03:48,739 --> 00:03:49,940 week at that time would not be able to 58 00:03:49,940 --> 00:03:52,640 get into the actual work on the 59 00:03:52,640 --> 00:03:55,070 complaint until the following week on 60 00:03:55,070 --> 00:03:58,370 the 19th I received an email stating she 61 00:03:58,370 --> 00:04:03,620 was withdrawing the complaint which I 62 00:04:03,620 --> 00:04:05,450 acknowledge so at that point in time I 63 00:04:05,450 --> 00:04:07,340 felt the matter was was done there was 64 00:04:07,340 --> 00:04:09,170 no further action on my part and it 65 00:04:09,170 --> 00:04:13,450 really had not done any type of 66 00:04:13,460 --> 00:04:15,390 other than reading through it a couple 67 00:04:15,390 --> 00:04:17,010 of times hadn't really done any type of 68 00:04:17,010 --> 00:04:28,170 work on it then on February 1st I 69 00:04:28,170 --> 00:04:30,540 received by email a copy of a 70 00:04:30,540 --> 00:04:37,010 whistleblower complaint which is another 71 00:04:37,010 --> 00:04:40,110 section that's at the end of the 72 00:04:40,110 --> 00:04:43,200 government ethics see if I can make 73 00:04:43,200 --> 00:04:47,610 reference to it real quick here what are we calling the first thing that 74 00:04:47,610 --> 00:04:49,710 was the first thing was a weather was an 75 00:04:49,710 --> 00:04:52,620 ethics complaint okay 76 00:04:52,620 --> 00:04:55,290 the second item filed in February was a 77 00:04:55,290 --> 00:04:58,260 whistleblower complaint which I think my 78 00:04:58,260 --> 00:05:01,560 recollection is it came by way of the 79 00:05:01,560 --> 00:05:03,210 auditor's office first I think it was 80 00:05:03,210 --> 00:05:05,190 filed with him with carbon copies sent 81 00:05:05,190 --> 00:05:11,340 to carbon copies extra emails being sent 82 00:05:11,340 --> 00:05:15,680 to you and I'll have to explain that to 83 00:05:15,680 --> 00:05:20,190 myself and I don't know the other 84 00:05:20,190 --> 00:05:23,100 individuals but by means of the email a 85 00:05:23,100 --> 00:05:25,410 copy of being sent to me I acknowledge 86 00:05:25,410 --> 00:05:29,500 receipt of that at that point in time 87 00:05:29,510 --> 00:05:32,940 clear back when all this began as I had 88 00:05:32,940 --> 00:05:37,919 advised the Chairman and the state's 89 00:05:37,919 --> 00:05:41,220 attorney's office and people here I gave 90 00:05:41,220 --> 00:05:43,229 up my license so I am not in a position 91 00:05:43,229 --> 00:05:47,400 to give legal advice I will not go into 92 00:05:47,400 --> 00:05:52,810 that type of process whatsoever 93 00:05:52,820 --> 00:05:57,740 so when due to the nature of the 94 00:05:57,740 --> 00:06:00,840 allegations in the complaint I advised 95 00:06:00,840 --> 00:06:08,520 the Chairman wheeler and also I think I 96 00:06:08,520 --> 00:06:11,030 had a conversation with mr. 97 00:06:11,030 --> 00:06:13,070 Quinn advised him that I felt is 98 00:06:13,070 --> 00:06:14,330 necessary that we have outside 99 00:06:14,330 --> 00:06:17,090 independent legal counsel why did it 100 00:06:17,090 --> 00:06:19,220 come from did you say the recorders 101 00:06:19,220 --> 00:06:21,050 office auditor's office auditors are 102 00:06:21,050 --> 00:06:22,850 right why did it come from the otter ah 103 00:06:22,850 --> 00:06:28,840 there's honor the let me get back to the 104 00:06:28,840 --> 00:06:32,870 provision when there's a whistleblower 105 00:06:32,870 --> 00:06:41,780 complaint again this is section and 106 00:06:41,780 --> 00:06:43,400 division seven section two dash two 107 00:06:43,400 --> 00:06:46,070 eight six whenever any officer employee 108 00:06:46,070 --> 00:06:47,450 of Kankakee County reason believes 109 00:06:47,450 --> 00:06:48,890 evidence exists that another officer 110 00:06:48,890 --> 00:06:51,919 employee has perpetuated gross 111 00:06:51,919 --> 00:06:54,020 mismanagement gross misuse or waste of 112 00:06:54,020 --> 00:06:57,560 public resources or funds abuse of 113 00:06:57,560 --> 00:06:58,370 authority in connection with 114 00:06:58,370 --> 00:07:01,240 administration of public program etc etc 115 00:07:01,240 --> 00:07:03,650 shall bring the evidence to the 116 00:07:03,650 --> 00:07:04,730 immediate attention of the state's 117 00:07:04,730 --> 00:07:07,310 eternity the auditor or the employees 118 00:07:07,310 --> 00:07:11,570 department head so that's how come it 119 00:07:11,570 --> 00:07:15,800 went that way and there's some things 120 00:07:15,800 --> 00:07:18,440 that you know discussion as to ordinance 121 00:07:18,440 --> 00:07:20,630 revisions which is the next matter and 122 00:07:20,630 --> 00:07:29,450 that which I'll get into that have come 123 00:07:29,450 --> 00:07:32,690 to light because of this this 124 00:07:32,690 --> 00:07:34,729 whistleblower complaint but nevertheless 125 00:07:34,729 --> 00:07:37,430 back to the fact that it came from the 126 00:07:37,430 --> 00:07:40,000 auditor's office that I contacted the 127 00:07:40,000 --> 00:07:45,979 Chairman's office again outside legal 128 00:07:45,979 --> 00:07:49,460 counsel was procured from the appellate 129 00:07:49,460 --> 00:07:51,290 process prosecutor's office which is 130 00:07:51,290 --> 00:07:54,320 standard process if a state's attorney's 131 00:07:54,320 --> 00:07:59,600 office cannot handle it and through the 132 00:07:59,600 --> 00:08:02,750 course of working with the this attorney 133 00:08:02,750 --> 00:08:08,490 the two determination was made that 134 00:08:08,500 --> 00:08:14,210 there was no jurisdiction 135 00:08:14,220 --> 00:08:18,810 for us to be able to consider this 136 00:08:18,810 --> 00:08:20,650 whistleblower complaint 137 00:08:20,650 --> 00:08:23,800 the reason being at the time that the 138 00:08:23,800 --> 00:08:26,319 whistleblower complaint was filed the 139 00:08:26,319 --> 00:08:28,720 individual was not an employee of the 140 00:08:28,720 --> 00:08:31,780 county was not was not an employee of 141 00:08:31,780 --> 00:08:33,930 the county and again if you look at the 142 00:08:33,930 --> 00:08:43,079 first sentence of 2 - 2 86 when any 143 00:08:43,079 --> 00:08:45,700 officer or employee of Kankakee County 144 00:08:45,700 --> 00:08:49,839 reasonably believes that they can 145 00:08:49,839 --> 00:08:57,980 basically file this type of an action 146 00:08:57,990 --> 00:09:01,930 purpose I believe over all of the 147 00:09:01,930 --> 00:09:05,019 whistleblower protection is so employees 148 00:09:05,019 --> 00:09:08,920 of a governmental entity do not have to 149 00:09:08,920 --> 00:09:12,100 be fearful of losing their job if they 150 00:09:12,100 --> 00:09:15,279 file these type of complaints so again 151 00:09:15,279 --> 00:09:16,990 that's that's the protection that's 152 00:09:16,990 --> 00:09:19,329 afforded out there again this individual 153 00:09:19,329 --> 00:09:23,050 is or at the time of the filing of the 154 00:09:23,050 --> 00:09:24,579 whistleblower complaint was no longer an 155 00:09:24,579 --> 00:09:31,720 employee at the county I don't really 156 00:09:31,720 --> 00:09:34,750 know the complete details of it and that 157 00:09:34,750 --> 00:09:37,209 I know that the person was discharged I 158 00:09:37,209 --> 00:09:40,950 don't know how agreeable was I you know 159 00:09:40,950 --> 00:09:43,360 based on what's contained and some of it 160 00:09:43,360 --> 00:09:46,480 there was some disagreement in the 161 00:09:46,480 --> 00:09:47,740 complaints with the different things 162 00:09:47,740 --> 00:09:52,130 that have been found there was some 163 00:09:52,140 --> 00:09:55,709 difficulty that was occur between the 164 00:09:55,709 --> 00:10:01,170 department head and the employee and 165 00:10:01,170 --> 00:10:05,920 again because of the fact that I'm 166 00:10:05,920 --> 00:10:08,079 approaching this at the current time as 167 00:10:08,079 --> 00:10:12,880 I would any other time that a complaint 168 00:10:12,880 --> 00:10:15,910 is filed I'm not going to be bringing 169 00:10:15,910 --> 00:10:18,370 out names even though the gentleman 170 00:10:18,370 --> 00:10:21,310 sitting over here is full aware of who 171 00:10:21,310 --> 00:10:23,709 the names are and everything I'm still 172 00:10:23,709 --> 00:10:24,490 going to approach it from the 173 00:10:24,490 --> 00:10:25,960 perspective that 174 00:10:25,960 --> 00:10:28,840 I don't think it's proper for me to 175 00:10:28,840 --> 00:10:32,320 discuss the individuals name out in the 176 00:10:32,320 --> 00:10:34,510 general public however I will put out 177 00:10:34,510 --> 00:10:38,440 that the individual involved was an 178 00:10:38,440 --> 00:10:39,580 employee of the state's attorney's 179 00:10:39,580 --> 00:10:42,130 office that is why I felt that it was 180 00:10:42,130 --> 00:10:45,250 necessary that outside independent 181 00:10:45,250 --> 00:10:50,140 counsel be procured for two different I 182 00:10:50,140 --> 00:10:53,260 you know I I wanted this group to be 183 00:10:53,260 --> 00:10:59,410 able to say we had no impact or 184 00:10:59,410 --> 00:11:03,400 influence from within the office and I 185 00:11:03,400 --> 00:11:05,860 felt it was advisable for the state's 186 00:11:05,860 --> 00:11:06,790 attorney's office 187 00:11:06,790 --> 00:11:10,390 that they not be involved because it 188 00:11:10,390 --> 00:11:12,190 removed them from being subject to an 189 00:11:12,190 --> 00:11:15,670 argument that you know they weren't 190 00:11:15,670 --> 00:11:17,980 shooting straight I just felt that it 191 00:11:17,980 --> 00:11:19,750 was necessary that independent counsel 192 00:11:19,750 --> 00:11:23,380 be appointed and ultimately chairman 193 00:11:23,380 --> 00:11:31,720 wheeler agreed with that also so we are 194 00:11:31,720 --> 00:11:37,150 now at a stage where I'm in the 195 00:11:37,150 --> 00:11:38,920 ordinance we're supposed to give notice 196 00:11:38,920 --> 00:11:40,720 well let me let me step back again in 197 00:11:40,720 --> 00:11:43,210 that I sent a copy of the legal opinion 198 00:11:43,210 --> 00:11:47,820 out to the complaint I got an email back 199 00:11:47,820 --> 00:11:50,230 and basically advised the complainant 200 00:11:50,230 --> 00:11:55,210 that in all fairness to them I and the 201 00:11:55,210 --> 00:11:58,900 gist of the decision or the opinion from 202 00:11:58,900 --> 00:12:01,660 the outside legal adviser was that due 203 00:12:01,660 --> 00:12:03,850 to the fact that this person was no 204 00:12:03,850 --> 00:12:07,510 longer employee and employee they were 205 00:12:07,510 --> 00:12:11,760 not protected by the whistleblower 206 00:12:11,760 --> 00:12:17,590 ordinance again I'm not gonna give out 207 00:12:17,590 --> 00:12:21,100 legal advice that's not my capacity here 208 00:12:21,100 --> 00:12:22,480 even though it talks about advisor 209 00:12:22,480 --> 00:12:23,770 that's another thing I want to talk 210 00:12:23,770 --> 00:12:28,960 about as far as the name of this I'm 211 00:12:28,960 --> 00:12:30,640 supposed to investigate as to whether or 212 00:12:30,640 --> 00:12:33,460 not there's a basis to bring an action 213 00:12:33,460 --> 00:12:36,490 in front of the 214 00:12:36,500 --> 00:12:40,050 ethics commission I advise the 215 00:12:40,050 --> 00:12:45,450 complainin that this was the opinion 216 00:12:45,450 --> 00:12:49,020 that was given by the outside legal 217 00:12:49,020 --> 00:12:51,830 counsel the response I got was I 218 00:12:51,830 --> 00:12:55,710 expected as much and in the letter I had 219 00:12:55,710 --> 00:12:58,860 said I was going to give this person 28 220 00:12:58,860 --> 00:13:01,500 days to file a response if they were a 221 00:13:01,500 --> 00:13:03,390 disagreement as to that legal 222 00:13:03,390 --> 00:13:07,440 determination the response again I got 223 00:13:07,440 --> 00:13:11,550 back was that's what I expected I didn't 224 00:13:11,550 --> 00:13:14,760 know how to take that was I to take that 225 00:13:14,760 --> 00:13:19,370 as being I expected they were going to 226 00:13:19,370 --> 00:13:24,260 find a way not to deal with it or I 227 00:13:24,260 --> 00:13:26,190 expected that was going to be the result 228 00:13:26,190 --> 00:13:28,620 because that's what my own that's what 229 00:13:28,620 --> 00:13:30,930 this person's own independent legal 230 00:13:30,930 --> 00:13:35,220 investigation had determined so I let it 231 00:13:35,220 --> 00:13:38,600 run the 28 days and right about the time 232 00:13:38,600 --> 00:13:41,730 28 days was running then I started 233 00:13:41,730 --> 00:13:43,860 trying to get a hold of Toby so I could 234 00:13:43,860 --> 00:13:45,960 come and report to the Commission in 235 00:13:45,960 --> 00:13:48,470 this fashion as to what was occurring 236 00:13:48,470 --> 00:13:51,510 because again you know there wasn't any 237 00:13:51,510 --> 00:13:53,550 obligation to let the members of the 238 00:13:53,550 --> 00:13:55,770 body know anything until we knew where 239 00:13:55,770 --> 00:14:00,940 we were at with the investigation 240 00:14:00,950 --> 00:14:03,020 unfortunately our ability to communicate 241 00:14:03,020 --> 00:14:05,310 we were having difficulties until I 242 00:14:05,310 --> 00:14:06,960 tried the old-fashioned thing of call 243 00:14:06,960 --> 00:14:17,880 nor house phone well again the the 244 00:14:17,880 --> 00:14:23,670 initial complaint that was withdrawn was 245 00:14:23,670 --> 00:14:30,990 filed January 11th the whistleblower 246 00:14:30,990 --> 00:14:35,350 complaint was filed February 1st 247 00:14:35,360 --> 00:14:38,360 so some of the delay was Andy Guinness 248 00:14:38,360 --> 00:14:40,940 is I guess this is kind of a learning 249 00:14:40,940 --> 00:14:44,600 experience again causing us to want to 250 00:14:44,600 --> 00:14:47,480 discuss things not only amongst this 251 00:14:47,480 --> 00:14:52,880 body but also after this group has had 252 00:14:52,880 --> 00:14:54,470 an opportunity to discuss it but also to 253 00:14:54,470 --> 00:14:58,340 discuss it with the chairman and others 254 00:14:58,340 --> 00:15:03,700 at the county board a process to where 255 00:15:03,700 --> 00:15:06,740 we can expedite it as far as getting the 256 00:15:06,740 --> 00:15:09,130 outside legal counsel if it's necessary 257 00:15:09,130 --> 00:15:11,830 because you know this initially was 258 00:15:11,830 --> 00:15:22,610 phone calls to chairman wheeler and then 259 00:15:22,610 --> 00:15:24,620 the process of getting somebody who 260 00:15:24,620 --> 00:15:26,900 retained that it all took some some time 261 00:15:26,900 --> 00:15:33,140 of that and and I guess I I need to note 262 00:15:33,140 --> 00:15:38,480 the fact that there were some other 263 00:15:38,480 --> 00:15:42,920 allegations contained in this complaint 264 00:15:42,920 --> 00:15:45,410 that also were directed toward the 265 00:15:45,410 --> 00:15:50,540 chairman so it was even difficult having 266 00:15:50,540 --> 00:15:52,250 that kind of conversation County George 267 00:15:52,250 --> 00:15:53,900 chairman of County Board Chairman yeah 268 00:15:53,900 --> 00:15:57,650 not yourself thank you sorry did leave 269 00:15:57,650 --> 00:15:59,240 that open-ended yes there were some 270 00:15:59,240 --> 00:16:02,360 allegations contained in the complaint 271 00:16:02,360 --> 00:16:07,580 and the whistleblower action that were 272 00:16:07,580 --> 00:16:12,140 directed toward chairman wheeler again 273 00:16:12,140 --> 00:16:14,570 another reason why I felt that it just 274 00:16:14,570 --> 00:16:18,650 should have been completely outside the 275 00:16:18,650 --> 00:16:20,240 state's attorney's office as far as the 276 00:16:20,240 --> 00:16:23,030 assistance the legal assistance that was 277 00:16:23,030 --> 00:16:25,940 given but again even that made it 278 00:16:25,940 --> 00:16:27,680 difficult for me having to have that 279 00:16:27,680 --> 00:16:29,150 conversation with him and since he's a 280 00:16:29,150 --> 00:16:31,370 subject matter of what contained in the 281 00:16:31,370 --> 00:16:34,010 complaint so as it's something that we 282 00:16:34,010 --> 00:16:38,670 need to maybe discuss as to how can we 283 00:16:38,680 --> 00:16:44,050 create a process to where outside legal 284 00:16:44,060 --> 00:16:47,850 assistance can be procured in those type 285 00:16:47,850 --> 00:16:51,750 of touchy situations hey you know quite 286 00:16:51,750 --> 00:16:54,060 admittedly the the ordinance of that 287 00:16:54,060 --> 00:16:56,699 we're dealing with I know when we were 288 00:16:56,699 --> 00:16:58,139 looking at the ordinance when it was 289 00:16:58,139 --> 00:17:01,050 being drafted the complaint was involved 290 00:17:01,050 --> 00:17:10,090 with the drafting of the ordinance so I 291 00:17:10,100 --> 00:17:12,510 the person is fully aware as far as what 292 00:17:12,510 --> 00:17:15,209 the contents are but I think at this 293 00:17:15,209 --> 00:17:17,309 point in time based on the 294 00:17:17,309 --> 00:17:21,809 recommendation from there and the 295 00:17:21,809 --> 00:17:26,130 research from the attorney I feel that 296 00:17:26,130 --> 00:17:28,140 the fact first of all that she the 297 00:17:28,140 --> 00:17:29,940 person would through the complaint and 298 00:17:29,940 --> 00:17:34,440 then secondly based on the analysis and 299 00:17:34,440 --> 00:17:39,230 legal opinion of the outside attorney 300 00:17:39,230 --> 00:17:43,010 stating that we don't have jurisdiction 301 00:17:43,010 --> 00:17:45,780 it's my determination that there my 302 00:17:45,780 --> 00:17:49,679 recommendation I'm sorry that notice 303 00:17:49,679 --> 00:17:51,590 should be sent to the person saying 304 00:17:51,590 --> 00:17:53,340 specification is closed no further 305 00:17:53,340 --> 00:17:56,820 action is going to be taken well I think 306 00:17:56,820 --> 00:18:00,270 mr. wounds woman you did exceptional 307 00:18:00,270 --> 00:18:03,410 work on this it was a difficult 308 00:18:03,410 --> 00:18:08,850 complaint to start with and the outside 309 00:18:08,850 --> 00:18:14,070 legal advice was very good and what I 310 00:18:14,070 --> 00:18:18,270 think in our case in our responsibility 311 00:18:18,270 --> 00:18:20,280 would be if there was any question about 312 00:18:20,280 --> 00:18:23,100 this to continue on but there doesn't 313 00:18:23,100 --> 00:18:26,070 seem to be any question about the 314 00:18:26,070 --> 00:18:31,470 validity of the resolutions that were 315 00:18:31,470 --> 00:18:38,030 drawn you know yeah well 316 00:18:38,030 --> 00:18:42,000 here's the next sticky wicket did okay 317 00:18:42,000 --> 00:18:42,660 I'm sorry 318 00:18:42,660 --> 00:18:45,809 can't get comfortable it's ticking Ricky 319 00:18:45,809 --> 00:18:47,850 that wicked that came in yesterday 320 00:18:47,850 --> 00:18:49,410 afternoon of course I didn't see it 321 00:18:49,410 --> 00:18:54,540 until about 7:30 8 o'clock last night 322 00:18:54,540 --> 00:18:55,890 when I finally sat in front of the 323 00:18:55,890 --> 00:19:04,470 computer the complaint advised that that 324 00:19:04,470 --> 00:19:05,700 they had learned from a reporter at The 325 00:19:05,700 --> 00:19:08,309 Daily Journal that the county does not 326 00:19:08,309 --> 00:19:11,190 believe the ethics complaint I file were 327 00:19:11,190 --> 00:19:12,720 closed I guess it's a learning 328 00:19:12,720 --> 00:19:15,059 experience for everyone to that end when 329 00:19:15,059 --> 00:19:16,530 the committee does closed the complaints 330 00:19:16,530 --> 00:19:18,179 due to the lack of jurisdiction I want 331 00:19:18,179 --> 00:19:19,770 to exercise my right under the ordinance 332 00:19:19,770 --> 00:19:21,420 to have the ethics advisory refer the 333 00:19:21,420 --> 00:19:23,010 complaints to the appropriate agency I 334 00:19:23,010 --> 00:19:24,420 don't know that that would be the US 335 00:19:24,420 --> 00:19:25,679 Attorney for the Central District of 336 00:19:25,679 --> 00:19:30,510 Illinois because of the alleged misuse 337 00:19:30,510 --> 00:19:34,170 of public funds by state official or to 338 00:19:34,170 --> 00:19:35,910 the Attorney General or the office of 339 00:19:35,910 --> 00:19:39,150 the executive inspector general or all 340 00:19:39,150 --> 00:19:41,070 three to determine the jurisdiction but 341 00:19:41,070 --> 00:19:42,540 I wanted to give you the heads-up that I 342 00:19:42,540 --> 00:19:50,530 will not be requesting them so again 343 00:19:50,540 --> 00:19:51,960 here's where we're at 344 00:19:51,960 --> 00:19:54,420 you have an individual that files 345 00:19:54,420 --> 00:19:57,840 complaint would you the complaint you 346 00:19:57,840 --> 00:20:02,429 didn't have an individual that files a 347 00:20:02,429 --> 00:20:08,160 whistleblower complaint but we don't 348 00:20:08,160 --> 00:20:14,010 have any jurisdiction on it are we then 349 00:20:14,010 --> 00:20:16,740 obligated or is the Commission obligated 350 00:20:16,740 --> 00:20:20,480 to send that on someplace else 351 00:20:20,480 --> 00:20:24,390 well she feels that that word should go 352 00:20:24,390 --> 00:20:27,030 why does she now do that I guess there 353 00:20:27,030 --> 00:20:28,740 is a provision under the ordinance that 354 00:20:28,740 --> 00:20:32,460 you know suggest that if the 355 00:20:32,460 --> 00:20:34,320 determination is made that we don't have 356 00:20:34,320 --> 00:20:37,679 authority then I should refer to this 357 00:20:37,679 --> 00:20:41,490 agency here's the difficulty again it 358 00:20:41,490 --> 00:20:43,620 puts me in this position I first of all 359 00:20:43,620 --> 00:20:45,330 would have to do all the investigation 360 00:20:45,330 --> 00:20:48,000 to make a legal determination that there 361 00:20:48,000 --> 00:20:50,400 is a basis for 362 00:20:50,400 --> 00:20:52,770 complaint to be filed against you know 363 00:20:52,770 --> 00:20:56,880 with another entity again something else 364 00:20:56,880 --> 00:21:01,170 I think we need to look at as to the 365 00:21:01,170 --> 00:21:03,330 contents of the ordinance what would we 366 00:21:03,330 --> 00:21:05,160 be obliged to to make that determination 367 00:21:05,160 --> 00:21:08,430 I mean if she is of the complaintant and 368 00:21:08,430 --> 00:21:10,560 they're saying that this is where it 369 00:21:10,560 --> 00:21:13,740 should go then we I think our only 370 00:21:13,740 --> 00:21:17,820 decision is do we put it in an envelope 371 00:21:17,820 --> 00:21:20,850 and send it to them or do we tell her to 372 00:21:20,850 --> 00:21:21,390 do it 373 00:21:21,390 --> 00:21:25,890 what no yeah but I know you don't want 374 00:21:25,890 --> 00:21:30,660 to spend the time or have the feeling 375 00:21:30,660 --> 00:21:32,640 that you can be responsible for that 376 00:21:32,640 --> 00:21:39,390 kind of illegal investigation I don't 377 00:21:39,390 --> 00:21:45,410 have the wherewithal whether it be 378 00:21:45,410 --> 00:21:51,780 licensed legal research tools etc and I 379 00:21:51,780 --> 00:21:54,150 guess quite frankly the time that's 380 00:21:54,150 --> 00:21:56,370 right and is the first complaint that 381 00:21:56,370 --> 00:22:01,140 she withdrew that's sort of a moot 382 00:22:01,140 --> 00:22:05,580 question because she did not refile it 383 00:22:05,580 --> 00:22:10,020 right the contents of what were in there 384 00:22:10,020 --> 00:22:13,970 most of what was in there was also 385 00:22:13,970 --> 00:22:16,590 contained within the whistleblower so 386 00:22:16,590 --> 00:22:26,520 she sort of did refile right III guess 387 00:22:26,520 --> 00:22:31,110 my thoughts on it is if there would be 388 00:22:31,110 --> 00:22:32,820 an obligation on our part to take 389 00:22:32,820 --> 00:22:40,920 further action with it then any time let 390 00:22:40,920 --> 00:22:45,510 me let me start over again 391 00:22:45,520 --> 00:22:55,850 if a person files a complaint and it's 392 00:22:55,850 --> 00:23:00,860 rejected and let's say there's no basis 393 00:23:00,860 --> 00:23:04,370 to it whatsoever but then that person 394 00:23:04,370 --> 00:23:06,230 contacting you say I want this referred 395 00:23:06,230 --> 00:23:08,750 to the appropriate agency that then 396 00:23:08,750 --> 00:23:11,660 places us each time to have to research 397 00:23:11,660 --> 00:23:15,260 everything and I don't understand why we 398 00:23:15,260 --> 00:23:19,250 would have to research it well it's if 399 00:23:19,250 --> 00:23:21,530 it needs to go to another agency they 400 00:23:21,530 --> 00:23:23,660 need to do these well that's the problem 401 00:23:23,660 --> 00:23:28,680 that the our ordinance right now and I 402 00:23:28,690 --> 00:23:32,570 basically suggest that we should refer 403 00:23:32,570 --> 00:23:35,840 if we make the determination that there 404 00:23:35,840 --> 00:23:40,040 is a legitimate complaint yeah a basis 405 00:23:40,040 --> 00:23:41,720 for some type of further action that 406 00:23:41,720 --> 00:23:48,840 should be taken by someone and again 407 00:23:48,850 --> 00:23:50,780 that's something we're going to have to 408 00:23:50,780 --> 00:23:53,000 look at in that and when we redress it 409 00:23:53,000 --> 00:24:02,550 in that but right now I have no 410 00:24:02,560 --> 00:24:05,090 documentation from outside legal counsel 411 00:24:05,090 --> 00:24:08,590 that says that there was any basis to 412 00:24:08,590 --> 00:24:11,030 the allegation of the complaint 413 00:24:11,030 --> 00:24:15,350 therefore I have you know even if if 414 00:24:15,350 --> 00:24:19,430 there is just again the decision to us 415 00:24:19,430 --> 00:24:22,430 was based upon jurisdiction you know 416 00:24:22,430 --> 00:24:23,450 that we just don't have jurisdiction 417 00:24:23,450 --> 00:24:29,900 therefore we can't proceed the outside 418 00:24:29,900 --> 00:24:34,630 little council was not requested to 419 00:24:34,630 --> 00:24:40,570 research 420 00:24:40,580 --> 00:24:43,620 whether or not there is any validity or 421 00:24:43,620 --> 00:24:44,309 not 422 00:24:44,309 --> 00:24:47,130 to the allegations of the whistleblower 423 00:24:47,130 --> 00:24:50,370 complaint therefore we don't have any 424 00:24:50,370 --> 00:24:52,710 basis you know I don't have anything to 425 00:24:52,710 --> 00:24:55,110 convey to you that suggests that there 426 00:24:55,110 --> 00:24:58,529 is some viability or there's some 427 00:24:58,529 --> 00:25:00,509 validity to this complaint I don't have 428 00:25:00,509 --> 00:25:02,669 anything at all like that to suggest one 429 00:25:02,669 --> 00:25:05,250 way or the other that basically says you 430 00:25:05,250 --> 00:25:08,610 know I think there's something there or 431 00:25:08,610 --> 00:25:10,409 I can't say I don't think there's 432 00:25:10,409 --> 00:25:11,759 something there but I don't have 433 00:25:11,759 --> 00:25:14,039 anything at all to basically give to you 434 00:25:14,039 --> 00:25:16,820 to make a determination of referral and 435 00:25:16,820 --> 00:25:19,830 basically if I remember correctly all it 436 00:25:19,830 --> 00:25:26,090 is in the complaint is this listing of 437 00:25:26,090 --> 00:25:30,269 possible problems correct and did they 438 00:25:30,269 --> 00:25:33,000 not have if I remember correctly did she 439 00:25:33,000 --> 00:25:35,850 now have some contact with another 440 00:25:35,850 --> 00:25:39,210 agency that would be County Department 441 00:25:39,210 --> 00:25:41,210 that would be involved in that 442 00:25:41,210 --> 00:25:46,830 well the whistleblower complaint was 443 00:25:46,830 --> 00:25:48,539 filed in the auditor's office if there's 444 00:25:48,539 --> 00:25:50,460 a misappropriation of funds that is 445 00:25:50,460 --> 00:25:53,970 taking place then presumably that would 446 00:25:53,970 --> 00:25:55,230 be something the auditor would be 447 00:25:55,230 --> 00:25:56,850 looking at well that's what I'm saying 448 00:25:56,850 --> 00:26:02,580 ma'am if they've already seen it maybe 449 00:26:02,580 --> 00:26:07,460 they need to discuss that with us oh 450 00:26:07,460 --> 00:26:10,679 okay well but we don't seem to have a 451 00:26:10,679 --> 00:26:12,779 jurisdiction anyway because she's not an 452 00:26:12,779 --> 00:26:16,389 employee correct 453 00:26:16,399 --> 00:26:20,009 so I guess my perspective at this point 454 00:26:20,009 --> 00:26:25,409 in time is that a communication would be 455 00:26:25,409 --> 00:26:33,570 sent to her advising her that you know 456 00:26:33,570 --> 00:26:36,330 because of the lack of jurisdiction no 457 00:26:36,330 --> 00:26:46,440 further action be taken and that we have 458 00:26:46,440 --> 00:26:47,639 nothing to base referral to another 459 00:26:47,639 --> 00:26:52,120 agency 460 00:26:52,130 --> 00:26:55,460 why did we think there's a Mary or can 461 00:26:55,460 --> 00:26:59,320 it be it so we're just passing it on 462 00:26:59,320 --> 00:27:04,490 without an opinion or if we passed on 463 00:27:04,490 --> 00:27:06,620 we're wasting people's time I think 464 00:27:06,620 --> 00:27:13,430 there is not and again I I think that's 465 00:27:13,430 --> 00:27:17,660 the the difficulty that could arise is 466 00:27:17,660 --> 00:27:23,460 if every time a complaint is received 467 00:27:23,470 --> 00:27:27,200 and we're asked to pass upon to another 468 00:27:27,200 --> 00:27:34,820 entity these are not some type of 469 00:27:34,820 --> 00:27:41,000 requirement that we have a basis or a 470 00:27:41,000 --> 00:27:43,340 reason why we're referring it to this 471 00:27:43,340 --> 00:27:46,220 other entity which would require this 472 00:27:46,220 --> 00:27:49,460 legal delving then you know you're not 473 00:27:49,460 --> 00:27:53,810 interested in doing or probably legal to 474 00:27:53,810 --> 00:28:00,020 do I don't know if any of it that I did 475 00:28:00,020 --> 00:28:01,700 right now would be for my own personal 476 00:28:01,700 --> 00:28:05,480 curiosity in in that that you know I 477 00:28:05,480 --> 00:28:08,150 write I would pass it on to anyone else 478 00:28:08,150 --> 00:28:12,170 and that well if I just it seemed that 479 00:28:12,170 --> 00:28:17,360 also there's some area of choosing in 480 00:28:17,360 --> 00:28:21,500 this particular thing as to what was to 481 00:28:21,500 --> 00:28:26,000 be done with the funds you know yeah I 482 00:28:26,000 --> 00:28:28,820 and again that's that's a whole issue 483 00:28:28,820 --> 00:28:37,250 that I'm not personally wearing that but 484 00:28:37,250 --> 00:28:39,470 you know you hear things through the the 485 00:28:39,470 --> 00:28:40,880 grapevine that you know there has been 486 00:28:40,880 --> 00:28:42,200 maybe some discussions that have taken 487 00:28:42,200 --> 00:28:44,180 place about these things in the past and 488 00:28:44,180 --> 00:28:46,730 that but oh right right 489 00:28:46,730 --> 00:28:54,580 she did say them you know I 490 00:28:54,590 --> 00:28:57,900 from my prior years from sitting up 491 00:28:57,900 --> 00:28:59,580 where you're sitting at the current time 492 00:28:59,580 --> 00:29:02,250 in the seven years on this board I know 493 00:29:02,250 --> 00:29:04,950 there are certain parameters about how 494 00:29:04,950 --> 00:29:15,200 different funds can be used and you know 495 00:29:15,200 --> 00:29:17,580 dick Winkle who was the auditor at that 496 00:29:17,580 --> 00:29:21,180 time that you know was very you know 497 00:29:21,180 --> 00:29:24,000 every TIA to be crossed every I had to 498 00:29:24,000 --> 00:29:25,850 be not a net cetera et cetera than that 499 00:29:25,850 --> 00:29:29,340 I don't know where things are I mean 500 00:29:29,340 --> 00:29:33,900 that's well five to thirty years ago so 501 00:29:33,900 --> 00:29:36,810 I I don't know you know things change as 502 00:29:36,810 --> 00:29:39,450 far as the rules the regulations case 503 00:29:39,450 --> 00:29:41,910 law that may be interpreted things that 504 00:29:41,910 --> 00:29:44,670 succumb I'm not in a position to say 505 00:29:44,670 --> 00:29:46,380 yeah I think there's something here or 506 00:29:46,380 --> 00:29:48,630 there isn't because I haven't researched 507 00:29:48,630 --> 00:29:51,420 or looked at it and again I'm not in 508 00:29:51,420 --> 00:29:53,310 that position to give that type of 509 00:29:53,310 --> 00:29:57,270 recommendation to this this group well 510 00:29:57,270 --> 00:29:59,250 and that's also saying that we don't 511 00:29:59,250 --> 00:30:02,450 know as you are saying exactly how 512 00:30:02,450 --> 00:30:09,330 discretionary funds can be used and well 513 00:30:09,330 --> 00:30:11,820 and again as to the question of referral 514 00:30:11,820 --> 00:30:16,590 and just trying to look at the overall 515 00:30:16,590 --> 00:30:18,990 picture as to how to proceed in the 516 00:30:18,990 --> 00:30:23,040 future do we want to be in a position or 517 00:30:23,040 --> 00:30:25,170 does this Commission want to be in a 518 00:30:25,170 --> 00:30:27,150 position where somebody can raise an 519 00:30:27,150 --> 00:30:34,710 allegation however general or how 520 00:30:34,710 --> 00:30:42,630 specific but with no maybe no legal 521 00:30:42,630 --> 00:30:46,050 authority specifically cited but if 522 00:30:46,050 --> 00:30:50,340 there is legal authority cited this 523 00:30:50,340 --> 00:30:52,110 Commission doesn't know one way or the 524 00:30:52,110 --> 00:30:56,610 other without legal counsel is there 525 00:30:56,610 --> 00:30:58,600 some ability to that 526 00:30:58,600 --> 00:31:03,980 it leads me back to the situation where 527 00:31:03,990 --> 00:31:07,630 the Commission I think whenever there 528 00:31:07,630 --> 00:31:09,460 are complaints that are filed are going 529 00:31:09,460 --> 00:31:11,799 to need the assistance of legal counsel 530 00:31:11,799 --> 00:31:13,990 at times which under the ordinance is 531 00:31:13,990 --> 00:31:15,010 normally going to be the state's 532 00:31:15,010 --> 00:31:17,530 attorney's office right this situation 533 00:31:17,530 --> 00:31:20,460 is because of the parties involved 534 00:31:20,460 --> 00:31:23,440 created the dilemma to where the state's 535 00:31:23,440 --> 00:31:25,240 attorney's office really couldn't be 536 00:31:25,240 --> 00:31:27,370 directly involved right 537 00:31:27,370 --> 00:31:29,530 and again it's food for thought of 538 00:31:29,530 --> 00:31:31,150 something we need to address in the 539 00:31:31,150 --> 00:31:33,610 future on we have to consider if we need 540 00:31:33,610 --> 00:31:36,250 to hire and it would be probably on a 541 00:31:36,250 --> 00:31:41,049 hiring basis legal advice that could 542 00:31:41,049 --> 00:31:47,950 become an expensive thing I mean five 543 00:31:47,950 --> 00:31:49,809 dollars an hour or something at least 544 00:31:49,809 --> 00:31:54,460 you know I guess I could say you get 545 00:31:54,460 --> 00:31:55,240 what you pay for 546 00:31:55,240 --> 00:32:00,730 yeah Lenny SEC said that often now we 547 00:32:00,730 --> 00:32:10,450 are typing or so are dating ourselves is 548 00:32:10,450 --> 00:32:17,110 that what we're trying to avoid we think 549 00:32:17,110 --> 00:32:19,230 it's unnecessary we did it in this case 550 00:32:19,230 --> 00:32:22,120 then anybody in the future would expect 551 00:32:22,120 --> 00:32:26,020 the same well that's part of it but I I 552 00:32:26,020 --> 00:32:30,690 guess I'm thinking from your perspective 553 00:32:30,690 --> 00:32:34,710 do you want to be perceived as an entity 554 00:32:34,710 --> 00:32:39,940 that willy nilly hands things off 555 00:32:39,940 --> 00:32:42,549 without really having a basis for you 556 00:32:42,549 --> 00:32:44,860 know dude when if you're going to be 557 00:32:44,860 --> 00:32:47,890 sending in a letter to the Attorney 558 00:32:47,890 --> 00:32:52,179 General or a federal prosecutor do you 559 00:32:52,179 --> 00:32:56,950 want to get in a 560 00:32:56,960 --> 00:32:59,460 be perceived as somebody that just 561 00:32:59,460 --> 00:33:01,620 constantly is sending stuff that you 562 00:33:01,620 --> 00:33:04,230 know they're gonna to almost every time 563 00:33:04,230 --> 00:33:06,990 that it comes into their office or do 564 00:33:06,990 --> 00:33:09,570 you want to be perceived as it entity 565 00:33:09,570 --> 00:33:11,730 that if they've taken the time to send 566 00:33:11,730 --> 00:33:14,340 this to me is something that we need to 567 00:33:14,340 --> 00:33:18,630 look at but that also says that as the 568 00:33:18,630 --> 00:33:21,090 complaints come in you do make a 569 00:33:21,090 --> 00:33:22,980 judgment about whether or not you should 570 00:33:22,980 --> 00:33:26,880 proceed in investigating you know and I 571 00:33:26,880 --> 00:33:29,910 would have a tendency to think that it 572 00:33:29,910 --> 00:33:33,270 would be more often than that something 573 00:33:33,270 --> 00:33:34,650 that you could ask the state's 574 00:33:34,650 --> 00:33:37,350 attorney's office to do because it would 575 00:33:37,350 --> 00:33:41,900 not be involved 576 00:33:41,900 --> 00:33:46,169 normal scheme of things the way I 577 00:33:46,169 --> 00:33:49,080 perceive how we all operate together is 578 00:33:49,080 --> 00:33:52,890 the complaint is received I receive that 579 00:33:52,890 --> 00:33:55,950 I investigate it I you know it's 580 00:33:55,950 --> 00:33:58,799 different than doing legal research on 581 00:33:58,799 --> 00:34:01,110 it if there's issues that arise during 582 00:34:01,110 --> 00:34:03,150 the course of my investigation then I 583 00:34:03,150 --> 00:34:04,620 would contact the state's attorney's 584 00:34:04,620 --> 00:34:07,320 office and say this is something I need 585 00:34:07,320 --> 00:34:10,980 some guidance on as to I think as a 586 00:34:10,980 --> 00:34:15,639 legal issue not an investigative issue 587 00:34:15,649 --> 00:34:19,440 then once all that is compiled together 588 00:34:19,440 --> 00:34:21,840 then through the looking at the 589 00:34:21,840 --> 00:34:25,139 ordinance it's a question of sending it 590 00:34:25,139 --> 00:34:29,010 to or presenting it to this body my 591 00:34:29,010 --> 00:34:31,109 recommendation as to whether or not you 592 00:34:31,109 --> 00:34:34,260 should proceed or not proceed one of the 593 00:34:34,260 --> 00:34:39,450 words that they use in the our little 594 00:34:39,450 --> 00:34:43,679 law is gross you know so now do we say 595 00:34:43,679 --> 00:34:45,510 well if you're a whistleblower and 596 00:34:45,510 --> 00:34:49,109 you're saying that some officer in the 597 00:34:49,109 --> 00:34:56,520 county spent a hundred dollars in an 598 00:34:56,520 --> 00:34:59,310 area to think it was proper is that 599 00:34:59,310 --> 00:35:03,150 gross or do we say we would look at it 600 00:35:03,150 --> 00:35:05,280 if it was going to be forty thousand 601 00:35:05,280 --> 00:35:06,930 dollars or it was going to be a hundred 602 00:35:06,930 --> 00:35:08,790 thousand you know I think maybe that's 603 00:35:08,790 --> 00:35:12,910 something we should just 604 00:35:12,920 --> 00:35:15,630 and it's two changes in it to be more 605 00:35:15,630 --> 00:35:23,760 specific which might help right and once 606 00:35:23,760 --> 00:35:27,900 we get by this you know again the next 607 00:35:27,900 --> 00:35:29,820 item on the agenda is discussion as far 608 00:35:29,820 --> 00:35:34,590 as potential changes which quite 609 00:35:34,590 --> 00:35:38,130 honestly we're going to need the state's 610 00:35:38,130 --> 00:35:40,110 attorney's office to be evolved with him 611 00:35:40,110 --> 00:35:42,360 but I guess you know and I kind of 612 00:35:42,360 --> 00:35:43,710 anticipated they might have been here 613 00:35:43,710 --> 00:35:45,420 but then again once I saw they weren't 614 00:35:45,420 --> 00:35:47,460 here I probably understand why they 615 00:35:47,460 --> 00:35:49,620 aren't here it's you know they probably 616 00:35:49,620 --> 00:35:51,330 wanted to keep that hands-off approach 617 00:35:51,330 --> 00:35:57,270 but yeah I understand but eventually you 618 00:35:57,270 --> 00:35:58,650 know today yet I still want to go 619 00:35:58,650 --> 00:36:01,260 through areas that I feel that things 620 00:36:01,260 --> 00:36:02,790 need to be addressed and we may have to 621 00:36:02,790 --> 00:36:04,560 set up another meeting where then the 622 00:36:04,560 --> 00:36:07,380 state's attorney can come in they have 623 00:36:07,380 --> 00:36:09,420 the discussion with us and how many 624 00:36:09,420 --> 00:36:11,670 ordinance revisions do you really think 625 00:36:11,670 --> 00:36:13,560 there needs to be or do they need to be 626 00:36:13,560 --> 00:36:18,450 a general classification a definition is 627 00:36:18,450 --> 00:36:22,680 to you know whistleblower on a money 628 00:36:22,680 --> 00:36:25,920 basis what are we talking about well 629 00:36:25,920 --> 00:36:27,990 yeah I mean if we could maybe see that - 630 00:36:27,990 --> 00:36:30,390 the next one yeah I guess if to the next 631 00:36:30,390 --> 00:36:33,450 you know what I like to do is just see 632 00:36:33,450 --> 00:36:35,700 what the Commission's thoughts are or if 633 00:36:35,700 --> 00:36:41,160 you want to take formal action on it as 634 00:36:41,160 --> 00:36:44,280 far as well my personal opinion is that 635 00:36:44,280 --> 00:36:46,590 since we've been invited by outside 636 00:36:46,590 --> 00:36:52,410 legal a lawyer you know who seems seem 637 00:36:52,410 --> 00:36:54,360 to know what he was doing and whatnot 638 00:36:54,360 --> 00:37:01,850 that this particular complaint is that 639 00:37:01,850 --> 00:37:05,040 germane for us because it was made by 640 00:37:05,040 --> 00:37:07,740 somebody who is not employed and that 641 00:37:07,740 --> 00:37:11,670 seems to for us end the situation the 642 00:37:11,670 --> 00:37:13,920 question just becomes then do we send it 643 00:37:13,920 --> 00:37:16,569 on right right 644 00:37:16,569 --> 00:37:18,710 would have the right to do it on their 645 00:37:18,710 --> 00:37:21,789 own right they could say we definitely 646 00:37:21,789 --> 00:37:24,529 and this person is knowledgeable and 647 00:37:24,529 --> 00:37:34,279 long yeah well I would well I think you 648 00:37:34,279 --> 00:37:35,599 probably need to address two things is 649 00:37:35,599 --> 00:37:38,539 one make a determination as to whether 650 00:37:38,539 --> 00:37:41,630 or not any further action should be 651 00:37:41,630 --> 00:37:44,510 taken on the complaint that's one aspect 652 00:37:44,510 --> 00:37:46,760 of it and the other aspect of it is 653 00:37:46,760 --> 00:37:48,529 there going to be referral to any other 654 00:37:48,529 --> 00:37:53,630 entity let's address that first issue if 655 00:37:53,630 --> 00:37:58,460 you want to make a motion determining 656 00:37:58,460 --> 00:38:00,109 whether or not we should do any further 657 00:38:00,109 --> 00:38:07,920 work on that particular complaint wait 658 00:38:07,930 --> 00:38:11,059 for their work especially given the fact 659 00:38:11,059 --> 00:38:13,849 that there's been competent outside 660 00:38:13,849 --> 00:38:23,910 legal advice is there a second to that 661 00:38:23,920 --> 00:38:26,420 we need the second before we have a 662 00:38:26,420 --> 00:38:35,299 discussion yeah Mike was this person a 663 00:38:35,299 --> 00:38:38,539 former employee or no well first of all 664 00:38:38,539 --> 00:38:41,809 I guess you you want a second we do we 665 00:38:41,809 --> 00:38:43,579 need a second before we can do that I'll 666 00:38:43,579 --> 00:38:47,900 second the motion came the question the 667 00:38:47,900 --> 00:38:51,109 question was was this person a former 668 00:38:51,109 --> 00:39:03,950 employee or never an employee former employee all right any 669 00:39:03,950 --> 00:39:07,160 more discussion questions does everyone 670 00:39:07,160 --> 00:39:11,769 understand the motion that we would end 671 00:39:11,769 --> 00:39:16,519 our action on this complaint based on 672 00:39:16,519 --> 00:39:18,680 the fact that we do not have 673 00:39:18,680 --> 00:39:22,160 jurisdiction as given that information 674 00:39:22,160 --> 00:39:26,600 given to us by competent legal 675 00:39:26,610 --> 00:39:34,710 all those in favor say aye all opposed nay 676 00:39:34,710 --> 00:39:38,380 okay the eyes have it so we will be done 677 00:39:38,380 --> 00:39:41,770 handling this unless it comes back in 678 00:39:41,770 --> 00:40:08,980 our dreams right now the second issue as 679 00:40:08,980 --> 00:40:11,290 to whether or not we should refer this 680 00:40:11,290 --> 00:40:17,620 complaint to another office as was 681 00:40:17,620 --> 00:40:21,230 suggested by the complaint 682 00:40:21,240 --> 00:40:31,280 anyone got any we would need a motion to 683 00:40:31,290 --> 00:40:35,950 - not - if you want it that way or if 684 00:40:35,950 --> 00:40:38,500 you if your motion is to not then you 685 00:40:38,500 --> 00:40:43,900 have to vote yes I'll make a motion that 686 00:40:43,900 --> 00:40:47,710 we do not refer this on to an additional 687 00:40:47,710 --> 00:40:53,730 agency is there a second second 688 00:40:53,730 --> 00:40:59,220 mr. coy that we do not refer this 689 00:40:59,220 --> 00:41:04,240 complaint to any other agency any 690 00:41:04,240 --> 00:41:11,080 questions discussion all those in favor 691 00:41:11,080 --> 00:41:19,200 of this ordinance motion motion aye aye 692 00:41:19,200 --> 00:41:23,210 any opposition 693 00:41:23,220 --> 00:41:28,060 all right the according to our vote with 694 00:41:28,060 --> 00:41:31,180 them we will not send this particular 695 00:41:31,180 --> 00:41:34,840 complaint on to any other agency at this 696 00:41:34,840 --> 00:41:39,970 point in time well and I guess I'll 697 00:41:39,970 --> 00:41:43,119 state openly I will convey this to the 698 00:41:43,119 --> 00:41:48,310 complainant by email this is the other 699 00:41:48,310 --> 00:41:50,980 difficulty with through all the years 700 00:41:50,980 --> 00:41:54,420 I've always had either a secretary or a 701 00:41:54,420 --> 00:42:01,900 clerk working with me yeah I the person 702 00:42:01,900 --> 00:42:04,150 has responded in that fashion and 703 00:42:04,150 --> 00:42:05,830 acknowledge receipt of things in that 704 00:42:05,830 --> 00:42:08,920 fashion so I will advise the individual 705 00:42:08,920 --> 00:42:14,080 in that fashion but again with that 706 00:42:14,080 --> 00:42:16,600 being done as we segue into the next 707 00:42:16,600 --> 00:42:20,619 item on the agenda if we can I'm gonna 708 00:42:20,619 --> 00:42:24,460 need some assistance probably a time 709 00:42:24,460 --> 00:42:26,260 probably for communication as you stand 710 00:42:26,260 --> 00:42:28,210 there and then maybe I don't know that 711 00:42:28,210 --> 00:42:32,470 maybe somebody in administrative office 712 00:42:32,470 --> 00:42:35,800 or state's attorney's office or wherever 713 00:42:35,800 --> 00:42:39,070 that that well the next item on the 714 00:42:39,070 --> 00:42:42,580 agenda is the discussion as to ordinance 715 00:42:42,580 --> 00:42:51,310 revisions so let me go through some of 716 00:42:51,310 --> 00:42:53,560 the things that I found as a result of 717 00:42:53,560 --> 00:42:57,280 this well things I guess maybe we need 718 00:42:57,280 --> 00:43:02,590 to note and then maybe my suggestion 719 00:43:02,590 --> 00:43:04,210 would be is to set up a meeting and 720 00:43:04,210 --> 00:43:06,940 maybe they could be conveyed over to the 721 00:43:06,940 --> 00:43:09,160 state's attorney's office on the issue 722 00:43:09,160 --> 00:43:13,210 of ordinance revisions and then maybe 723 00:43:13,210 --> 00:43:17,710 subsequently set up in a meeting to 724 00:43:17,710 --> 00:43:19,960 discuss them further but at least give 725 00:43:19,960 --> 00:43:22,150 whoever would it be assigned this task 726 00:43:22,150 --> 00:43:24,010 the opportunity to to look at them a 727 00:43:24,010 --> 00:43:25,810 little bit I think that's right too and 728 00:43:25,810 --> 00:43:31,330 I think that we can as individuals look 729 00:43:31,330 --> 00:43:33,520 at the ordinance and see things that we 730 00:43:33,520 --> 00:43:35,500 meet now after having been through this 731 00:43:35,500 --> 00:43:36,490 process 732 00:43:36,490 --> 00:43:39,790 might understand why we might need 733 00:43:39,790 --> 00:43:49,780 changes well here's the first if you 734 00:43:49,780 --> 00:43:52,030 look at it you know you have Division 735 00:43:52,030 --> 00:43:57,300 one definitions then you go into 736 00:43:57,300 --> 00:44:00,400 division - you have prohibited political 737 00:44:00,400 --> 00:44:03,970 activities and all the sub parts and 738 00:44:03,970 --> 00:44:06,490 then you have Division three gift ban 739 00:44:06,490 --> 00:44:13,280 and several different sub parts mm-hmm 740 00:44:13,290 --> 00:44:16,990 what else is there there's nothing else 741 00:44:16,990 --> 00:44:20,850 that we really you know it's basically 742 00:44:20,850 --> 00:44:24,070 apparently the way it's drafted now to 743 00:44:24,070 --> 00:44:26,710 monitor political activity of 744 00:44:26,710 --> 00:44:29,770 individuals that are members of the 745 00:44:29,770 --> 00:44:32,890 county employee well what is is there a 746 00:44:32,890 --> 00:44:36,490 Bamm county employees taking part in 747 00:44:36,490 --> 00:44:38,980 political activities it's just basically 748 00:44:38,980 --> 00:44:41,740 during compensated time and things of 749 00:44:41,740 --> 00:44:44,380 that right so I mean there are a lot of 750 00:44:44,380 --> 00:44:49,270 specifics about it here and they're 751 00:44:49,270 --> 00:44:54,480 specific as far as gifts there's some 752 00:44:54,480 --> 00:45:00,940 specifics about you know so what I'm 753 00:45:00,940 --> 00:45:02,920 sayin you know women complaining about 754 00:45:02,920 --> 00:45:06,030 being treated poorly and no well I mean 755 00:45:06,030 --> 00:45:08,590 sexual harassment I there's not a 756 00:45:08,590 --> 00:45:11,260 session on that there's not so well 757 00:45:11,260 --> 00:45:14,890 nobody ever did that in the county well 758 00:45:14,890 --> 00:45:23,850 I guess volunteering which one is Fiji 759 00:45:23,850 --> 00:45:28,840 okay the county the county does have an 760 00:45:28,840 --> 00:45:30,760 adopted sexual harassment policy and 761 00:45:30,760 --> 00:45:32,920 it's outside of this process because it 762 00:45:32,920 --> 00:45:36,490 becomes a human resource issue so they 763 00:45:36,490 --> 00:45:38,230 make the complaints and so again I'm not 764 00:45:38,230 --> 00:45:39,490 saying you don't want to address it I'm 765 00:45:39,490 --> 00:45:41,020 just letting you know that that's we do 766 00:45:41,020 --> 00:45:44,460 have something on file and adopted 767 00:45:44,460 --> 00:45:47,040 it was just had to be redone because of 768 00:45:47,040 --> 00:45:49,220 the state law changing so we chose 769 00:45:49,220 --> 00:45:52,550 account II has a process for somebody 770 00:45:52,550 --> 00:45:56,520 yes - where do they go to file that they 771 00:45:56,520 --> 00:45:59,550 go to human resources and then if the HR 772 00:45:59,550 --> 00:46:01,080 is not available they file it through 773 00:46:01,080 --> 00:46:02,580 the Chairman's office and then I 774 00:46:02,580 --> 00:46:04,740 disperse that to Human Resources and to 775 00:46:04,740 --> 00:46:08,280 the state's attorney very good thank you 776 00:46:08,280 --> 00:46:12,060 mr. chairman wheeler but again the the 777 00:46:12,060 --> 00:46:14,310 issue is right now as I look at this 778 00:46:14,310 --> 00:46:16,470 ordinance there's only two things 779 00:46:16,470 --> 00:46:18,210 specifically contained in it there was 780 00:46:18,210 --> 00:46:23,040 to deal with right which is again 781 00:46:23,040 --> 00:46:25,200 allegations of political activity by 782 00:46:25,200 --> 00:46:28,200 employees you know worst case scenario 783 00:46:28,200 --> 00:46:33,380 during time of employment or during work 784 00:46:33,380 --> 00:46:36,660 the other thing is a question of gifts 785 00:46:36,660 --> 00:46:41,490 that receipt you know some of us working 786 00:46:41,490 --> 00:46:46,130 in a department receiving monetary 787 00:46:46,130 --> 00:46:49,820 entitlements what about this particular 788 00:46:49,820 --> 00:46:52,290 allegation of misspending of money how 789 00:46:52,290 --> 00:46:53,820 does that well that would be in the 790 00:46:53,820 --> 00:46:56,690 whistleblower but okay looking through 791 00:46:56,690 --> 00:46:59,550 this ordinance at the current time I 792 00:46:59,550 --> 00:47:01,740 don't see anything that specifically 793 00:47:01,740 --> 00:47:05,190 puts it under the auspices of the Ethics 794 00:47:05,190 --> 00:47:10,440 Commission so that's another issue out 795 00:47:10,440 --> 00:47:13,350 there that again you know you have the 796 00:47:13,350 --> 00:47:14,550 one section of the ordinance that talks 797 00:47:14,550 --> 00:47:16,800 about those two specific things then you 798 00:47:16,800 --> 00:47:18,390 have an ordinance whistle blower 799 00:47:18,390 --> 00:47:20,010 ordinance but it doesn't say 800 00:47:20,010 --> 00:47:23,190 specifically that it shows who the 801 00:47:23,190 --> 00:47:27,180 report is to be filed with but again let 802 00:47:27,180 --> 00:47:40,690 me go back 803 00:47:40,700 --> 00:47:42,499 yeah it talked about being filed with 804 00:47:42,499 --> 00:47:47,480 these other individuals like the auditor 805 00:47:47,480 --> 00:47:56,869 and right the auditor to do okay well it 806 00:47:56,869 --> 00:47:58,009 says all officers employees should be 807 00:47:58,009 --> 00:47:59,450 obligated cooperate during the course of 808 00:47:59,450 --> 00:48:00,829 an investigation and comply with the 809 00:48:00,829 --> 00:48:03,049 request for information from the Ethics 810 00:48:03,049 --> 00:48:06,349 Commission and state's attorney I guess 811 00:48:06,349 --> 00:48:08,210 it kind of suggests that it's in our 812 00:48:08,210 --> 00:48:09,529 bailiwick but it doesn't say 813 00:48:09,529 --> 00:48:11,690 specifically that all complaints should 814 00:48:11,690 --> 00:48:14,990 go you know should follow the processes 815 00:48:14,990 --> 00:48:19,940 of the Ethics Commission ordinance and 816 00:48:19,940 --> 00:48:21,470 you know maybe it's just some language 817 00:48:21,470 --> 00:48:29,370 like that may specifically put it there 818 00:48:29,380 --> 00:48:32,240 well I think the other item Mattoon like 819 00:48:32,240 --> 00:48:37,079 you said about the assistance to you 820 00:48:37,089 --> 00:48:40,339 again if there's neccessity of 821 00:48:40,339 --> 00:48:43,130 independent legal counsel and as far as 822 00:48:43,130 --> 00:48:46,249 communications that may need to be sent 823 00:48:46,249 --> 00:48:55,880 by the ethics adviser which is I say 824 00:48:55,880 --> 00:48:59,239 that again advisor and I I sent this out 825 00:48:59,239 --> 00:49:01,489 way back when we started working on this 826 00:49:01,489 --> 00:49:06,160 that I had difficulty with the 827 00:49:06,160 --> 00:49:08,359 designation as advisor because again 828 00:49:08,359 --> 00:49:14,450 that suggests that I'm going to be 829 00:49:14,450 --> 00:49:16,940 advising as far as legal issues in that 830 00:49:16,940 --> 00:49:20,660 I guess we call you well I you know I 831 00:49:20,660 --> 00:49:22,779 don't feel like I put an administrator 832 00:49:22,779 --> 00:49:26,569 investigator office I actually officer 833 00:49:26,569 --> 00:49:30,339 you know ethics officer you know 834 00:49:30,339 --> 00:49:32,809 something otherwise something that they 835 00:49:32,809 --> 00:49:36,910 said I thought in one of maybe the first 836 00:49:36,910 --> 00:49:39,529 copy of the Ethics Commission 837 00:49:39,529 --> 00:49:42,430 where 838 00:49:42,440 --> 00:49:48,150 there is the plaintiff file - we've got 839 00:49:48,150 --> 00:49:55,200 an answer okay the the original ethics 840 00:49:55,200 --> 00:49:57,900 ordinances was drafted as you heard by 841 00:49:57,900 --> 00:49:59,840 the person who filed the first complaint 842 00:49:59,840 --> 00:50:03,930 was it said the state's attorney is the 843 00:50:03,930 --> 00:50:06,630 ethics adviser okay I asked to have that 844 00:50:06,630 --> 00:50:08,640 changed because what if it was somebody 845 00:50:08,640 --> 00:50:10,320 in the state's attorney's office had 846 00:50:10,320 --> 00:50:13,380 filed the complaint it was provided back 847 00:50:13,380 --> 00:50:15,540 to the individual who wrote the the 848 00:50:15,540 --> 00:50:19,530 ordinance and they changed it well we 849 00:50:19,530 --> 00:50:21,750 have since realized that the state's 850 00:50:21,750 --> 00:50:22,950 attorney is not an employee of the 851 00:50:22,950 --> 00:50:24,600 county and only ethics violations 852 00:50:24,600 --> 00:50:26,400 against the state's attorney can be made 853 00:50:26,400 --> 00:50:31,650 to the courts in Springfield and I may 854 00:50:31,650 --> 00:50:33,510 be a little bit off on the specifics but 855 00:50:33,510 --> 00:50:35,280 it has to be made with the other ethics 856 00:50:35,280 --> 00:50:37,020 okay because they're not employee of the 857 00:50:37,020 --> 00:50:39,390 county hence we're in this weird spot 858 00:50:39,390 --> 00:50:42,710 right now and I think that's what 859 00:50:42,710 --> 00:50:45,840 McCants talking about here and so when 860 00:50:45,840 --> 00:50:47,550 we talk about ethics advisor 861 00:50:47,550 --> 00:50:49,800 nine times out of ten and I hope never 862 00:50:49,800 --> 00:50:51,930 again do we have to go through this but 863 00:50:51,930 --> 00:50:53,940 if we do and involves the state's 864 00:50:53,940 --> 00:50:55,470 attorney's office and requires an 865 00:50:55,470 --> 00:50:58,110 outside counsel so I just want to 866 00:50:58,110 --> 00:51:00,150 provide that how this all came about 867 00:51:00,150 --> 00:51:01,830 because when we wanted to do this and do 868 00:51:01,830 --> 00:51:03,120 the whistleblower and put it through the 869 00:51:03,120 --> 00:51:04,500 county board it was the intent and 870 00:51:04,500 --> 00:51:06,060 removing me and the state's attorney 871 00:51:06,060 --> 00:51:08,040 from having anything to do with this 872 00:51:08,040 --> 00:51:10,530 process but what we didn't realize and 873 00:51:10,530 --> 00:51:12,960 we weren't advised by the individual who 874 00:51:12,960 --> 00:51:14,850 wrote this was is that the state's 875 00:51:14,850 --> 00:51:17,630 attorney is not subject to this ethics 876 00:51:17,630 --> 00:51:20,100 complaint process here on the local 877 00:51:20,100 --> 00:51:21,810 level only to what happens in 878 00:51:21,810 --> 00:51:23,370 Springfield and I hope that makes sense 879 00:51:23,370 --> 00:51:33,330 the way that I say that so another thing 880 00:51:33,330 --> 00:51:35,040 that's contained in the ordinance at the 881 00:51:35,040 --> 00:51:42,820 current time and I just recently 882 00:51:42,820 --> 00:51:48,350 pass this on to mr. Quinn in the state's 883 00:51:48,350 --> 00:51:53,120 attorney's office is all of those that 884 00:51:53,120 --> 00:51:54,670 have served on a public body before 885 00:51:54,670 --> 00:51:58,820 remember the nun statement that used to 886 00:51:58,820 --> 00:52:01,460 file you know none there every answer 887 00:52:01,460 --> 00:52:04,880 was no nun finance statement of economic 888 00:52:04,880 --> 00:52:08,480 interests very okay the ordinance is 889 00:52:08,480 --> 00:52:11,210 drafted at the current time says that 890 00:52:11,210 --> 00:52:14,750 I'm supposed to review those hmm 891 00:52:14,750 --> 00:52:16,520 I haven't seen one yet I believe they're 892 00:52:16,520 --> 00:52:22,670 due May 1st and believe me I'm not 893 00:52:22,670 --> 00:52:25,130 looking forward to sitting there I I 894 00:52:25,130 --> 00:52:26,300 don't know where they're going at the 895 00:52:26,300 --> 00:52:28,400 current time where they've been filed 896 00:52:28,400 --> 00:52:32,690 previously okay and see right now it 897 00:52:32,690 --> 00:52:34,460 says I'm supposed to be looking at those 898 00:52:34,460 --> 00:52:37,490 I don't know if it's necessary I don't 899 00:52:37,490 --> 00:52:42,320 know how many of you get but again I 900 00:52:42,320 --> 00:52:43,640 think that's something that we need to 901 00:52:43,640 --> 00:52:45,830 before apply any other answers the nun 902 00:52:45,830 --> 00:52:51,680 yeah yeah so that's one thing is in the 903 00:52:51,680 --> 00:52:52,910 ordinance of the current check out the 904 00:52:52,910 --> 00:53:01,500 name you like the best 905 00:53:01,510 --> 00:53:04,220 well I guess if if I'm gonna continue 906 00:53:04,220 --> 00:53:07,010 looking at the nun statements and do the 907 00:53:07,010 --> 00:53:08,980 investigation then maybe it should be 908 00:53:08,980 --> 00:53:10,820 administrator there's kind of an 909 00:53:10,820 --> 00:53:14,590 administrative type of capacity if this 910 00:53:14,590 --> 00:53:16,880 if those things are gonna go by the 911 00:53:16,880 --> 00:53:19,190 wayside someplace else and all and it's 912 00:53:19,190 --> 00:53:21,320 gonna be more of Investigation then 913 00:53:21,320 --> 00:53:24,050 maybe it's a six investigator I worry 914 00:53:24,050 --> 00:53:27,140 about it the title investigator in terms 915 00:53:27,140 --> 00:53:31,520 of your feelings about you know the law 916 00:53:31,520 --> 00:53:34,760 license and all that you know but if you 917 00:53:34,760 --> 00:53:37,490 like being an investigator I've never 918 00:53:37,490 --> 00:53:39,260 been sworn in with them had a badge or 919 00:53:39,260 --> 00:53:40,640 anything either of them so I mean an 920 00:53:40,640 --> 00:53:42,680 administrators fine with me in that or 921 00:53:42,680 --> 00:53:46,880 something of that nature 922 00:53:46,890 --> 00:53:51,920 okay which kind of makes sense 923 00:53:51,930 --> 00:53:56,380 ethics Commission administrator because 924 00:53:56,380 --> 00:53:58,359 you're going to make the decision as to 925 00:53:58,359 --> 00:54:00,849 whether or not the complaints should be 926 00:54:00,849 --> 00:54:02,770 distributed to the rest of the members 927 00:54:02,770 --> 00:54:09,430 right I perceive that probably in the 928 00:54:09,430 --> 00:54:14,109 majority of instances of things that 929 00:54:14,109 --> 00:54:16,990 have brought to me I mean if it's if 930 00:54:16,990 --> 00:54:19,079 it's something I guess that's completely 931 00:54:19,079 --> 00:54:25,630 frivolous you know I would report it and 932 00:54:25,630 --> 00:54:29,650 probably not do much of anything with it 933 00:54:29,650 --> 00:54:32,470 right but the vast majority I'm probably 934 00:54:32,470 --> 00:54:33,880 going to be in a situation where we're 935 00:54:33,880 --> 00:54:34,990 going to sit down and have this 936 00:54:34,990 --> 00:54:38,109 discussion as far as complaints that are 937 00:54:38,109 --> 00:54:39,910 filed and if they're a hefty complaint 938 00:54:39,910 --> 00:54:45,040 it should be that we would get some kind 939 00:54:45,040 --> 00:54:46,869 of legal counsel whether it was the 940 00:54:46,869 --> 00:54:49,030 state's attorney's office or somebody 941 00:54:49,030 --> 00:54:50,770 outside of there before we made a 942 00:54:50,770 --> 00:54:53,260 decision because they think we have to 943 00:54:53,260 --> 00:55:00,309 be very careful as since the complaint 944 00:55:00,309 --> 00:55:03,910 was given to the reporter you know we 945 00:55:03,910 --> 00:55:05,980 have to worry about and we're saying 946 00:55:05,980 --> 00:55:08,079 that what was in it was not applicable 947 00:55:08,079 --> 00:55:12,730 or whatever how do we protect the names 948 00:55:12,730 --> 00:55:17,070 as people have been 949 00:55:17,070 --> 00:55:19,990 spoken about although nothing has been 950 00:55:19,990 --> 00:55:23,310 determined or even suggested that they 951 00:55:23,310 --> 00:55:26,590 actually did anything truly wrong you 952 00:55:26,590 --> 00:55:35,860 know so well just as and I'm not 953 00:55:35,860 --> 00:55:37,510 suggesting that this is what's occurring 954 00:55:37,510 --> 00:55:41,410 here yeah okay but just as I don't think 955 00:55:41,410 --> 00:55:45,520 a newspaper reporter would want to be 956 00:55:45,520 --> 00:55:49,450 used by someone to do their work for 957 00:55:49,450 --> 00:55:53,350 them I don't think this Commission wants 958 00:55:53,350 --> 00:55:56,230 to be in that position either as a 959 00:55:56,230 --> 00:56:00,580 newspaper reporter I tell you that if 960 00:56:00,580 --> 00:56:05,320 you get something in which you delve a 961 00:56:05,320 --> 00:56:07,660 little bit or talk to the complainant or 962 00:56:07,660 --> 00:56:10,840 whatever and you think that there's 963 00:56:10,840 --> 00:56:13,630 something to suggest that it's not being 964 00:56:13,630 --> 00:56:16,510 handled properly you would deal with it 965 00:56:16,510 --> 00:56:24,040 as best you could but you know again we 966 00:56:24,040 --> 00:56:27,430 don't want putting out people's names of 967 00:56:27,430 --> 00:56:31,750 any kind either the point or the person 968 00:56:31,750 --> 00:56:34,630 about to whom they're complaining when 969 00:56:34,630 --> 00:56:37,180 there hasn't been any investigation into 970 00:56:37,180 --> 00:56:39,970 it or any thing that triggers an 971 00:56:39,970 --> 00:56:45,550 investigation and I understand totally 972 00:56:45,550 --> 00:56:51,270 what you mean about being used because 973 00:56:51,270 --> 00:56:56,230 God knows we get used I never did that 974 00:56:56,230 --> 00:56:58,780 to you told me huh I never did that to 975 00:56:58,780 --> 00:57:04,300 know but you do have people off the 976 00:57:04,300 --> 00:57:07,060 street who you know have to tell you 977 00:57:07,060 --> 00:57:08,859 about this terrible thing and it's wrong 978 00:57:08,859 --> 00:57:17,470 and believe me I you know I through this 979 00:57:17,470 --> 00:57:22,990 whole instance I have made every attempt 980 00:57:22,990 --> 00:57:28,030 for both the complaint to feel that they 981 00:57:28,030 --> 00:57:30,880 had been treated fairly 982 00:57:30,880 --> 00:57:34,630 as well as the subject matter of the 983 00:57:34,630 --> 00:57:36,940 absolute plant to be treated fairly in 984 00:57:36,940 --> 00:57:41,019 that I I perceive it as trying to 985 00:57:41,019 --> 00:57:45,039 fulfill my role just as I would have 986 00:57:45,039 --> 00:57:47,769 attempted to fulfill it for the last 22 987 00:57:47,769 --> 00:57:49,269 years while I was sitting on the bench 988 00:57:49,269 --> 00:57:51,819 you know it's not me to make that final 989 00:57:51,819 --> 00:57:55,690 decision in many of these cases it's for 990 00:57:55,690 --> 00:57:57,190 somebody else to make the decision you 991 00:57:57,190 --> 00:57:58,660 know if there's a jury there there has 992 00:57:58,660 --> 00:58:00,970 to be some indication and and you're a 993 00:58:00,970 --> 00:58:03,250 good person to make a judgement about 994 00:58:03,250 --> 00:58:04,960 that and and this whole thing is 995 00:58:04,960 --> 00:58:07,900 judgment unless it would go into a court 996 00:58:07,900 --> 00:58:12,069 situation and it's obviously not in our 997 00:58:12,069 --> 00:58:16,390 opinion meriting and a further 998 00:58:16,390 --> 00:58:18,119 investigation 999 00:58:18,119 --> 00:58:24,130 legal the last item as far as a concern 1000 00:58:24,130 --> 00:58:27,430 that I had that I had voiced way back 1001 00:58:27,430 --> 00:58:31,779 when when we were putting the ordinance 1002 00:58:31,779 --> 00:58:43,059 together is that the ordinance and I'm 1003 00:58:43,059 --> 00:58:45,400 sure this this wasn't taken out that but 1004 00:58:45,400 --> 00:58:52,180 provides that the ethics officer shall 1005 00:58:52,180 --> 00:58:55,269 prosecute the complaint and again this 1006 00:58:55,269 --> 00:58:58,680 has been my primary concern of that that 1007 00:58:58,680 --> 00:59:02,039 I think if we change the title to 1008 00:59:02,039 --> 00:59:04,720 administrator then it will be the ethics 1009 00:59:04,720 --> 00:59:09,880 officers duty to administer it well 1010 00:59:09,880 --> 00:59:18,329 let's see right now the way that is did 1011 00:59:18,329 --> 00:59:21,789 it's a section two - two five eight the 1012 00:59:21,789 --> 00:59:24,759 ethics advisory l'ainte before the 1013 00:59:24,759 --> 00:59:27,039 Commission and carries the burden of 1014 00:59:27,039 --> 00:59:28,660 proving the allegations against the 1015 00:59:28,660 --> 00:59:30,069 respondent by preponderance of the 1016 00:59:30,069 --> 00:59:32,950 evidence that again puts me in a 1017 00:59:32,950 --> 00:59:36,550 position as being an a prosecutor which 1018 00:59:36,550 --> 00:59:39,040 and I think in that it's referring to 1019 00:59:39,040 --> 00:59:41,470 the state's attorney well and but right 1020 00:59:41,470 --> 00:59:45,070 now it's the languages myself when I had 1021 00:59:45,070 --> 00:59:50,410 proposed clear back and I guess I sent 1022 00:59:50,410 --> 01:00:01,720 this to mr. doar do well several people 1023 01:00:01,720 --> 01:00:03,220 were involved in the communication that 1024 01:00:03,220 --> 01:00:05,820 but include mr. mr. Quinn and 1025 01:00:05,820 --> 01:00:10,320 interesting enough for the complaint but 1026 01:00:10,320 --> 01:00:23,590 I what I proposed was that prior I said 1027 01:00:23,590 --> 01:00:25,990 basically prior to the prosecution of 1028 01:00:25,990 --> 01:00:27,250 the complaint when we get to this stage 1029 01:00:27,250 --> 01:00:29,910 with as a prosecution of the complaint 1030 01:00:29,910 --> 01:00:33,220 it appears that the advisor officer is 1031 01:00:33,220 --> 01:00:35,620 expected to do all I'm expected to do 1032 01:00:35,620 --> 01:00:40,540 would be administrative review of ethics 1033 01:00:40,540 --> 01:00:42,330 statements which I previously discussed 1034 01:00:42,330 --> 01:00:47,800 or investigate the possibility that you 1035 01:00:47,800 --> 01:00:51,960 know a complaint should proceed I 1036 01:00:51,960 --> 01:00:56,980 suggested that an alternative approach 1037 01:00:56,980 --> 01:00:58,570 would be once the investigation is 1038 01:00:58,570 --> 01:01:00,190 completed and complaint has been allowed 1039 01:01:00,190 --> 01:01:02,680 to be filed the further procurement of 1040 01:01:02,680 --> 01:01:04,480 information and hearing and the making 1041 01:01:04,480 --> 01:01:07,090 of the record would be conducted by 1042 01:01:07,090 --> 01:01:09,940 members of the Commission after they 1043 01:01:09,940 --> 01:01:11,380 received all the information requested 1044 01:01:11,380 --> 01:01:13,150 to be a documentary evidence or live 1045 01:01:13,150 --> 01:01:15,190 testimony they would then be required to 1046 01:01:15,190 --> 01:01:19,240 issue the decision they would need to 1047 01:01:19,240 --> 01:01:20,830 conclude that the evidence had proven 1048 01:01:20,830 --> 01:01:22,240 the complaint by preponderance of the 1049 01:01:22,240 --> 01:01:23,440 evidence before they could take 1050 01:01:23,440 --> 01:01:24,790 disciplinary action against the 1051 01:01:24,790 --> 01:01:27,040 respondent so suggestion I made at that 1052 01:01:27,040 --> 01:01:29,080 point in time was that all right I've 1053 01:01:29,080 --> 01:01:31,930 done the investigation I feel that 1054 01:01:31,930 --> 01:01:35,650 further inquiry should be made with an 1055 01:01:35,650 --> 01:01:38,650 opportunity to be heard before the 1056 01:01:38,650 --> 01:01:40,750 Commission the Commission could request 1057 01:01:40,750 --> 01:01:43,090 additional people to attend could allow 1058 01:01:43,090 --> 01:01:45,910 for live testimony to be provided you 1059 01:01:45,910 --> 01:01:48,070 basically would be sitting in bunk 1060 01:01:48,070 --> 01:01:49,720 together here 1061 01:01:49,720 --> 01:01:51,490 what's being presented you would have 1062 01:01:51,490 --> 01:01:52,870 the investigative information that I 1063 01:01:52,870 --> 01:01:54,730 would procure you would allow the 1064 01:01:54,730 --> 01:01:56,080 complainant to come in if they wish to 1065 01:01:56,080 --> 01:01:58,060 do so you would you could call in other 1066 01:01:58,060 --> 01:02:00,160 people you would then make it a decision 1067 01:02:00,160 --> 01:02:02,320 so I don't know if there's really a need 1068 01:02:02,320 --> 01:02:04,140 to have somebody that's actually there 1069 01:02:04,140 --> 01:02:07,000 prosecuting the case right especially 1070 01:02:07,000 --> 01:02:08,500 when we feel if it gets to that point 1071 01:02:08,500 --> 01:02:11,350 we're going to have whatever legal 1072 01:02:11,350 --> 01:02:13,660 authority we need you know either the 1073 01:02:13,660 --> 01:02:21,210 state's attorney or outside correct and 1074 01:02:21,210 --> 01:02:24,400 but that's that's those are things that 1075 01:02:24,400 --> 01:02:26,230 have been there from the beginning that 1076 01:02:26,230 --> 01:02:28,120 I feel are still there as well as other 1077 01:02:28,120 --> 01:02:29,950 things that I feel have been brought up 1078 01:02:29,950 --> 01:02:35,320 right due to what has been about well I 1079 01:02:35,320 --> 01:02:39,510 think that's a that isn't a matter for 1080 01:02:39,510 --> 01:02:44,410 thought I think that your problems if 1081 01:02:44,410 --> 01:02:46,600 you have made those clear to Quinn right 1082 01:02:46,600 --> 01:02:49,870 yes and so he should be aware when we 1083 01:02:49,870 --> 01:02:52,510 notify him that we are going to have 1084 01:02:52,510 --> 01:02:54,730 this other meeting at which we're going 1085 01:02:54,730 --> 01:02:59,050 to talk about changes that we feel need 1086 01:02:59,050 --> 01:03:03,400 to be made revisions so what we need to 1087 01:03:03,400 --> 01:03:06,580 do then I do believe is establish a date 1088 01:03:06,580 --> 01:03:16,400 for another meeting 1089 01:03:16,410 --> 01:03:18,640 all right everybody pull out your 1090 01:03:18,640 --> 01:03:39,350 calendars 1091 01:03:39,360 --> 01:03:42,100 kind of timeframe do you think we look 1092 01:03:42,100 --> 01:03:45,610 at your going away right now the whole 1093 01:03:45,610 --> 01:04:01,660 county knows Toby yes I would suggest 1094 01:04:01,660 --> 01:04:05,860 probably you know you know I don't know 1095 01:04:05,860 --> 01:04:08,860 what mr. Quinn's workload is at the 1096 01:04:08,860 --> 01:04:13,270 current time and what his vacations you 1097 01:04:13,270 --> 01:04:14,770 know hopefully he's gonna have the 1098 01:04:14,770 --> 01:04:16,360 opportunity to have some summer vacation 1099 01:04:16,360 --> 01:04:18,280 and that too and that but maybe a 30-day 1100 01:04:18,280 --> 01:04:24,610 time frame I mean hopefully we won't 1101 01:04:24,610 --> 01:04:27,460 have anything else show up between now 1102 01:04:27,460 --> 01:04:32,590 and then but we'll do the best we can 1103 01:04:32,590 --> 01:04:43,660 yes in July so are we talking possibly 1104 01:04:43,660 --> 01:04:51,550 August something yeah okay can we talk 1105 01:04:51,550 --> 01:04:55,600 about it's a Tuesday acceptable to 1106 01:04:55,600 --> 01:04:58,100 people 1107 01:04:58,110 --> 01:05:11,780 Tuesday's I this seventh August 7 and 1108 01:05:11,790 --> 01:05:16,390 should plan on it being not a 15-minute 1109 01:05:16,390 --> 01:05:20,590 meeting right oh okay we can do it a 1110 01:05:20,590 --> 01:05:22,030 little earlier if we want to make it 1111 01:05:22,030 --> 01:05:25,150 let's find like I don't move much before 1112 01:05:25,150 --> 01:05:29,370 11:00 10 o'clock 1113 01:05:29,370 --> 01:05:31,990 yeah is that alright that's fine with me 1114 01:05:31,990 --> 01:05:36,850 yeah well that's true too I guess yeah I 1115 01:05:36,850 --> 01:05:38,800 think yeah that would be fine with me 1116 01:05:38,800 --> 01:05:41,970 and then at the current 1117 01:05:41,980 --> 01:05:44,480 and if by chance I give that comb and 1118 01:05:44,480 --> 01:05:45,140 find 1119 01:05:45,140 --> 01:06:11,590 yes something on another calendar okay 1120 01:06:11,590 --> 01:06:17,990 thank you good all righty anything else 1121 01:06:17,990 --> 01:06:21,320 that other business anyone have 1122 01:06:21,320 --> 01:06:33,330 additional business older new business 1123 01:06:33,340 --> 01:06:36,260 eyes I think the press time to speak if 1124 01:06:36,260 --> 01:06:42,450 they have the problem that's what I like 1125 01:06:42,450 --> 01:06:45,070 [Laughter] 1126 01:06:45,070 --> 01:06:48,310 okay then I think we can be adjourned 1127 01:06:48,310 --> 01:06:51,260 all we need a motion to adjourn 1128 01:06:51,260 --> 01:06:54,880 it isn't enough if I say no okay 1129 01:06:54,880 --> 01:06:59,140 choice got a motion to adjourn second 1130 01:06:59,140 --> 01:07:02,420 Vicki sounds second all those in favor 1131 01:07:02,420 --> 01:07:03,280 say aye 1132 01:07:03,280 --> 01:07:07,940 I put a motion to adjourn to was not 1133 01:07:07,940 --> 01:07:10,710 negotiable 1134 01:07:10,720 --> 01:07:14,350 you can't have an eye