Despite Allegations, Chicago Is Probably Stuck With Ald. Gardiner

CHICAGO — There's a growing chorus of angry folks calling for Ald. Jim Gardiner to resign over reports of the nasty things he is said to have texted, and the vindictive — not to mention rather creepy — things he's accused of either doing or asking his staff to do.

Maybe you've heard the backstory: Gardiner texted slurs not suitable for publication that rhyme with "rich" and "punt" to describe a fellow alderman, a City Council staffer and a political operative, among others, according to anonymous whistleblower The People's Fabric.

Other text messages reported by Block Club Chicago and the unnamed blogger alleged Gardiner asked staffers to conduct background checks looking for dirt on developers, local business owners, political rivals, ward residents and a woman who once convinced a judge to issue a restraining order against him.

The anonymous allegations are scandalous, offensive, and the kind of things that might get you fired from your job.

But in Gardiner's case, as things stand at least, there's almost no chance that the alderman's alleged misdeeds will get him either investigated by the city's independent watchdog or removed from the city payroll.

Not unless the FBI, which is reportedly investigating the mess Gardiner made for himself, decides to make a federal case out of whatever agents turn up.

In Chicago, ethics reform laws include provisions aimed at protecting aldermen and their staff from being investigated by the city's independent inspector general's office.

Mayor Lori Lightfoot, for example, said publicly that she wanted the city inspector general to launch an investigation into allegations that Gardiner ordered staff to deny city services to a 45th Ward constituent. Some aldermen agreed.

That's not good enough to trigger an inspector general probe of Gardiner's alleged misdeeds unless someone files a signed and sworn complaint against the alderman herself, according to city laws that prohibit the city's independent watchdog from investigating aldermen based on anonymous tips.

In the absence of a signed complaint, the legislative inspector general can't launch a secret probe. City laws even require the city watchdog to tip off elected targets by forwarding anonymous allegations to two City Council committees.

"If the legislative inspector general receives a complaint alleging misconduct against an alderman or city council employee, which is not signed and sworn to by the person making the complaint, the legislative inspector general shall transmit said complaint to the committee on committees, rules and ethics," according to the city's legislative inspector general ordinance.

The ordinance actually says the inspector general has "no power or authority" 0ver aldermen or City Council staff.

Chicago's politicians know those are the rules of investigative engagement.

That's why it's no surprise to me that we haven't heard a chorus of aldermen calling for an end to the ban on investigating anonymous complaints against aldermen during Gardiner's public political flogging.

What we get instead are tweets from the likes of Ald. Will Guzzardi, who called for residents to hold Gardiner "accountable" by protesting outside his city council colleague's ward office.

State Rep. Kelly Cassidy wants the Cook County Democratic Party to censure Gardiner for behavior that she called "hallmarks of bullying."

While noble, that's also a hollow, political move only useful in campaign smear ads if Gardiner has the guts to run for re-election in 2023.

At least 20 City Council members signed a letter condemning Gardiner, another symbolic act of political posturing that lacks consequences.

Chicago ward bosses for years have consistently balked at removing the ban on city watchdog investigations of anonymous complaints. There's little chance that Gardiner's troubles will reverse that trend.

The allegations that Gardiner asked staff to take retaliatory action against citizens he represents are a prime example of why the city watchdog should be allowed to investigate anonymous tips against aldermen and their staff.

Arguments that allowing the inspector general's office to investigate anonymous tips is a waste of time ignore the importance of allowing whistleblower protections against retaliation.

In fact, pending changes to Chicago police union contracts would end the ban on probing anonymous police misconduct allegations.

Without eliminating the need for a signed and sworn misconduct allegation to investigate ward bosses, there's really only one political play: publicly shaming Gardiner in hopes he might quit.

That's what happened Monday night when a few dozen protesters gathered outside Gardiner's ward office to further the call for Gardiner to walk away from his $123,504 salary (and coming pay raise) for the elected post he won in 2019.

They brought signs that read: "Jimmy Gardiner, Still A Stalker," and "Resign Abuser," among others. Calls for Gardiner's resignation bounced around Twitter echo chambers.

Despite all the shouting, I figure Gardiner's voluntary departure seems unlikely — particularly since three sitting aldermen who indicted by the feds for taking bribes, facilitating shakedowns or bank fraud refuse to step down from their elected posts.

Late Monday, the Tribune cited unnamed sources saying that FBI agents are asking questions about Gardiner's alleged retaliatory antics. Still, the alderman hasn't been charged with a crime, let alone convicted of one.

Besides, even if Gardiner immediately left his elected post, there's still a way for him to stay on the city payroll.

He took a leave of absence as a Chicago Fire Department engineer during his successful aldermanic campaign. And his union-contract protected job is waiting for him if he wants it.

With a $110,000 salary plus benefits, overtime and a work schedule perfect for moonlighting, it could add up to a pay hike.

Barring successful FBI intervention, Chicago taxpayers who can't count on their government to police itself will probably get stuck paying Gardiner a salary.

Ain't that a … word that rhymes with sandwich.

Mark Konkol, recipient of the 2011 Pulitzer Prize for local reporting, wrote and produced the Peabody Award-winning series "Time: The Kalief Browder Story." He was a producer, writer and narrator for the "Chicagoland" docuseries on CNN and a consulting producer on the Showtime documentary "16 Shots."

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