Letter to the Editor: We Need Ethics Legislation That Actually Means Something

Letter to the Editor: We Need Ethics Legislation That Actually Means Something

  • Editor’s Note: This is the full text of comments made by Batavia resident Ellen Nottke at the Tuesday, Oct. 14, Kane County Board meeting.

Dear Editor:

On Aug. 14, 2014, I filed a formal, written complaint with our Kane County ethics officer regarding alleged misuse of the Kane County Connects newsletter. In my written complaint, I sited several examples of the violation in question. I also enclosed copies of those materials in the original packet.

To date, I have heard nothing of substance, only that it is still under investigation. While the county’s ethics ordinance was a noble attempt to bring transparency and ethical behavior to our elected officials, the officials responsible for the ordinance appear to believe it is totally unenforceable.

When the ethics officer is appointed by the board chairman, we begin with the public perception that no enforcement will ever take place. When the ethics officer recuses him/herself from ruling on an alleged violation, then forwards the complaint to the state’s attorney, again we are faced with the perception that nothing will happen. While I could have forwarded a copy of the alleged violation to the Attorney General’s Office, the AG cannot force the local state’s attorney to make a decision. Former State’s Attorney John Barsanti is previously on record stating that the ordinance in its present form is fatally flawed and much of it was unenforceable.

The County Board after much additional deliberation finally brought an amended ordinance to a vote, where it was defeated. The upshot is that the County Board has utterly failed to address any of the issues raised by the previous state’s attorney, leaving the citizens of the county and those board members who believe in ethics without any recourse.  The ordinance as now written manifests a conflict of interest to those charged with providing the taxpayers of this county or any county with ethical elected officials. The state’s attorney by statute is charged with representing the elected officials. How can the state’s attorney rule on an alleged ethics violation against the very elected officials he is charged with defending?

This is not the fault of the county or the state’s attorney. Ethics legislation, as written by the state of Illinois, and implemented by county boards throughout the state, is an inherent conflict of interest for all. My complaint, along with the alleged wrongdoing at the clerk’s office and Animal Control, are not the only complaints that have been filed with the county that seem to have disappeared into a black hole.

Today, I ask for a public report on all ethics complaints. If it is the state’s attorney’s view that these complaints cannot be prosecuted because the ordinance is fatally flawed, then let him say so. It is difficult to understand why relatively straightforward allegation of ethics violations, the facts of which do not appear to be even disputed, has taken up to six months to investigate.

If this County Board truly believes in governmental ethics, it is time for you to demand that our representatives in Springfield pass ethics legislation that actually means something. It is time to legislate the amount of time an investigation can be conducted and the process in which a perceived violation is actually investigated. The public should also know on a regular basis what the status is of an investigation, and there should be a foolproof method of reporting. It benefits no one when an investigation drags on indefinitely with no resolution. No elected or appointed official, public employee or citizen should fear retribution because he/she does the right thing.

With respect to my original complaint, remaining silent while a subordinate accepts full responsibility hardly seems to be an example of honest competent government. A citizen would be forgiven for thinking that the only time politicians mention words like ethics, transparency or accountability are six weeks before any election — empty rhetoric with meaningless buzzwords.

Thank you.

Ellen Nottke
Batavia