Elmhurst Mayor Rebukes Official's Comment On Investigation

ELMHURST, IL – Elmhurst Mayor Scott Levin on Thursday rebuked an alderman who hinted publicly that a local conservative leader was under a police investigation for identity theft.

In a letter to Patch, Levin confirmed Elmhurst resident Tom Chavez was not currently under police investigation. He did not refer to Chavez or Ward 7 Alderman Rex Irby by name.

In his letter, Levin said Irby was not authorized to speak for either the city or the police. The mayor's letter came hours after Patch published a story about Irby's post about Chavez on Patch's website.

Levin said the Elmhurst Police Department has the highest integrity and would never publicly comment on an ongoing investigation or provide information to anyone, including elected officials, that would result in jeopardizing an investigation.

He said he and City Manager Jim Grabowski met with Irby to explain why his public comments may have implied he had knowledge of police matters or that he was speaking on behalf of the city.

"As a result of that meeting, I believe that the alderman was well-intentioned, but did not fully consider the ramifications of his comments," Levin said.

Information on police investigations, he said, would come from authorized employees.

Irby, who took office in May, wrote last week on Patch in a post directed to Chavez, a frequent commenter on the website.

"Have it on authority that police reports have been filed and evidence of the attacks of identity theft and digital assaults have been taken by the Elmhurst Police," said Irby, a progressive. "Might want to watch what you say about the matter as (it is) now (an) ongoing investigation and public comments are evidence if culpable."

Alderman Rex Irby (right) takes part in a City Council committee meeting in July. Next to him are Chris Jensen (left) and James Nudera. (David Giuliani/Patch)

In a text message to Patch on Wednesday, Tom Chavez, who leads Elmhurst Parents for Integrity in Curriculum, said he knew Elmhurst police have no investigation into him. He said Irby was lying.

"He essentially warned me to watch what I say because he has 'inside information' that I'm being investigated," Chavez said.

Chavez said he welcomed an investigation.

"Spamming and stalking people is not something I would ever do," he said.

As he has said before, Chavez said he has been the victim of identity theft.

In an interview Wednesday, Irby declined to reveal the source of his information. But he said he did not receive it from any police or city official.

"My job is not to interfere with a police investigation," Irby said. "That is not proper."

Patch left an emailed message for comment with Irby on Thursday afternoon after receiving Levin's letter.

In his letter, the mayor noted Patch's story last week about a resident who said at a school board meeting she had become the victim of unwanted mass communications directed to her phone and email account. She said others have become victims as well after speaking at board meetings.

Levin said the police department encourages people to come forward if they have become crime victims. And he said some in the recent situation have done just that.

Last week, Elmhurst resident Ioana Fernandez, a progressive, said at a school board meeting that her family became the victim of identity theft and harassment after she spoke out at a previous meeting.

"We believe that the attempts to intimidate us are related to the same small group of very loud people who consistently email all of you to find proof of leftist indoctrination, the same people who overwhelm you with (Freedom of Information Act) requests, who distract you from doing your work," she said.

Fernandez did not identify exactly who she was talking about.

But Chavez took it to mean that she was blaming members of his parents group. He categorically denied that he did anything of the sort.

Generally, Levin said, he and city staff avoid commenting or engaging in political or policy debates that are strictly the business of another governmental entity.

"As we have seen over the last few years, such debates have frequently, and sadly, turned into personal attacks between our residents," the mayor said. "As I have said in the past, we are neighbors and should remember that when we engage in political or policy debate, particularly on social media."

In an email to Patch on Thursday, Chavez said, "Levin's comment, I believe the alderman was well intended' is problematic, and needs to be addressed by Mayor Levin. Rex Irby and Ioana Fernandez's public accusations are meant to intimidate, and chill speech. They both got called out, and since they can produce zero evidence, they are doing what they always do, they are backpedaling, and now with the help from Scott Levin. The mayor needs to be emphatic and clear, and leave no ambiguity about the seriousness of the situation."

For the last couple of years, Chavez has spoken at school board meetings. In 2021, he alleged the schools were teaching critical race theory. He also accused some teachers of indoctrinating students with Marxist views. He ran for school board in the April election, but lost.

In the April election, Irby ousted longtime Alderman Mark Mulliner. Shortly afterward, Irby said residents had asked him to run because of Mulliner's involvement in Chavez's parents group, known as EPIC.

Mulliner was previously the group's Facebook administrator. He also took part in an anti-mask protest outside an elementary school.

Despite his side gigs, Mulliner kept his political ideology at the door during City Council meetings.