Evanston Alderman Accused Of Multiple Ethics Violations

EVANSTON, IL — A pair of complaints filed with Evanston's ethics board accuse the city's senior aldermen of a slew of ethics violations connected to the effort by a group of residents to demolish a publicly-owned landmark. Allegations presented to the five-member Board of Ethics last week describe offenses ranging from felony intimidation by a public official, prohibited political activities and other violations of the Evanston City Code.

According to evidence presented with the complaints, Ald. Ann Rainey collaborated with the leaders of Evanston Lighthouse Dunes, an unregistered citizens group represented by five residents and a tax-exempt family foundation that has entered into a contract with the city to donate $400,000 to the city in exchange for the demolition of the Harley Clarke Mansion and Coach House.

The French Eclectic style lakefront mansion at 2603 Sheridan Road was built in 1927 for Harley L. Clarke, a Chicago utilities magnate who went on to buy Fox Studios in Hollywood and donated the equivalent of millions in today's dollars to local arts groups. He lost much of his fortune in the Great Depression and wound up selling the house with about $100,000 in unpaid taxes, according to a news report from the time. The building later became the national headquarters of the Sigma Chi fraternity from 1951 to 1965, when it was purchased by the city. It was leased to the Evanston Arts Center until 2015 and has been vacant ever since.

Rainey, who has represented the 8th Ward since 1983, was one of five aldermen to vote to enter into a memorandum of understanding with the group on July 23. She was also one of the five votes in favor of terminating lease negotiations with a nonprofit formed to establish an environmental educational center at the property. City Manager Wally Bobkiewicz signed the agreement Aug. 23 after amendments added by 5th Ward Ald. Robin Rue Simmons were interpreted by city staff and incorporated into the document.

Evanston voters will be asked on November's ballot if they favor protecting the buildings from demolition in an advisory referendum. At hearing of the Evanston Electoral Board to discuss challenges to the referendum, Rainey approached an opponent of demolition, telling her, "F--- you" during the public comment period. Rainey later repeatedly warned the resident, "Don't mess with me," describing her as "an evil woman" in an interaction live streamed by a local reporter.

Rainey denies violating the ethics code and has declined interview requests on the subject. She did not attend the Sept. 27 ethics board hearing of the complaints, submitting a message asking to delay the hearing until November.

The two complaints (see below) were filed by three Evanston residents. In one, Nancy Sreenen claims that Rainey violated the city's standards of impartiality when the council member forwarded an email to Chuck Lewis, whose Lewis-Sebring Family Foundation has provided an unspecified amount of funding for the Lighthouse Dunes group, and two other people. (In another email to Rainey, he also said "the clock runs out on July 4 on our offer," something which turned out not to be accurate but appeared to have accelerated the City Council's approval of the offer, which was first revealed publicly May 27.) Sreenen said Rainey joined Lewis in mocking her email and only provided a "simultaneous hostile and incoherent" answer a week later.

"Rainey afforded [Evanston Lighthouse Dunes] members privileged information. It is clear evidence of bias and collusion with ELD. Her behavior fails to adhere to Evanston's Code of Ethics, and is not behavior I expect of elected officials," Sreenan said in her complaint. "Please sanction her."

The second complaint was filed jointly by Clare Kelly and Lori Keenan. It describes an array of ethical misconduct by Rainey leading up to the signing of the memorandum of understanding. It asks for Rainey to be disqualified from any further votes concerning the Harley Clarke mansion and seeks to void the MOU on the basis that Rainey had a prohibited interest in the Evanston Lighthouse Dunes group.

Kelly said ethical breaches by Rainey called into question the legitimacy of the vote on the future of the Harley Clarke mansion.

"The goal of the ethics complaint is to undo and stop unethical activity. We expect that it will bring to light how Ald. Rainey has operated and that she should be barred from further tainting the process while Evanston considers what to do with a valuable public asset," Kelly said.

Evidence attached the complaint obtained through public records requests shows Rainey raising money on behalf of the Lighthouse Dunes group because "they want to be able to say they have financial support from all the wards." Rainey is listed as a donor to the group.

"The public has been misled," Kelly said. "The public debate was as if an impartial City Council was fairly considering details and risk aspects of a lease." But in reality, she said, communication obtained through the Freedom of Information Act showed "a secret campaign to demolish the building in which Alderman Rainey was an active participant and a leading force."

In another email, Rainey writes to Lewis encouraging him to conduct a lobbying campaign on behalf of demolition, noting emails from constituents suggested there were "300 people against destroying the house and nobody in favor" of demolition.

"You have to get the troops out," she wrote. "This looks very bad."

The ethics board has scheduled meetings Oct. 16 and Oct. 25 for further discussion of the charges, according to Deputy City Attorney Mario Treto, the staff liaison to the board. The board may refer possible unethical conduct to the City Council with recommendations for further action, which could include involvement of the law department. Treto said the code allowed for ethics complaint to be heard even if the subject declines to attend.

According to the Evanston City Code, those found to have intentionally engaged in prohibited political activities can be punished by up to a year in jail and a $2,500 fine. A conviction under state law for the criminal offense of intimidation, a felony, carries with it a sentence of between 2 and 10 years in jail.

Read the complete complaints of ethical violations by Evanston Ald. Ann Rainey:

Related:

• Harley Clarke Mansion Demolition Donation Deal Signed
• Harley Clarke Referendum Cleared To Appear On November Ballot
• Aldermen Approve Amended Harley Clarke Demolition Agreement
• City Council Rejects Lease Of Harley Clarke Mansion To Nonprofit Group

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