Watchdog Sues Over DuPage Agency's Secret Reasoning In Ethics Case

ELMHURST, IL – A watchdog is challenging the DuPage County Forest Preserve's secrecy in its reasoning for clearing two commissioners wearing official government name pins to political events.

Watchdog Edgar Pal filed complaints last year against forest preserve commissioners Barbara O'Meara and Tina Tyson-Dunne, who were pictured wearing their official pins to Democratic events.

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In Illinois, government officials and employees are barred from misappropriating any public property for the benefit of a campaign for elective office or any political organization.

Over the summer, the forest preserve's ethics commission held closed meetings on the complaints.

Afterward, the panel's chair, Randon Gardley, said in letters to Pal that the complaints were "legally insufficient to establish probable cause to proceed further."

The agency never explained its decisions, despite Pal's later inquiries.

In a lawsuit last month, Pal said the forest preserve failed to provide "determinative reasoning" for its decisions.

He cited a provision of the state's Open Meetings Act that lets a public body close its doors to discuss evidence or testimony.

Under the law, this can be done as long as the body "prepares and makes available for public inspection a written decision setting forth its determinative reasoning."

Pal has filed public records requests for the closed-meeting minutes and recordings, so he can learn the reasoning. The agency has denied the requests.

Pal, who is representing himself, asked DuPage County Court to order the ethics commission to issue a written ruling with its reasoning. He also wants the court to review the decision.

O'Meara and Tina Tyson-Dunne have not responded to Patch's messages.

In November's election, O'Meara is facing Republican Michael Farmer, while Tyson-Dunne is running against Republican Bill Wehrle.

Over the last year, Patch has reported on several area officials doing the same thing as the forest preserve commissioners. Some have acknowledged the mistake, including a DuPage County Board member and an Elmhurst alderman running for county office.

Others have stayed silent, including a DuPage County Board member.

All are Democrats.

Pal has brought the situations to Patch's attention.

More recently, Pal filed a complaint that Republican sheriff candidate Sean Noonan was wearing a Western Springs police uniform in a photo in campaign materials. He has since blurred out the Western Springs logo.