Mayor Explains Request For Criminal Investigation Into Aldermen

EVANSTON, IL — Telling constituents they are "living in strange times," Mayor Steve Hagerty issued a Friday afternoon statement offering additional details on why he sent a letter to the sheriff requesting a criminal investigation into the entire City Council and senior staff members in Evanston's city government. The mayor said it was "extremely disappointing" to see the city "in the news in this manner."

Hagerty's letter to Sheriff Tom Dart, sent the previous Friday, referenced the public disclosure of draft documents prepared for a closed-door July 8 meeting to discuss the findings from an investigation into a trio of unhealthy workplace environment complaints lodged against against City Clerk Devon Reid, all filed April 26, by two attorneys in the city's law department and a staff member Reid had sought to replace.

Following a $40,000 investigation by the firm Robbins Schwartz, which was conducted without an engagement letter or contract, two of the three complaints were substantiated, according to city officials and records. A letter to the Cook County State's Attorney's Office recommending a criminal investigation into Reid was drafted but the City Council decided, during the closed-door meeting, not to send it. On Aug. 1, in response to a public records request from Evanston Patch, the city provided an unredacted copy of the same document the mayor said he believes was criminally leaked.

"We are living in a post-civil age. One where alternative facts have become part of the vernacular and rules of decorum no longer seem to apply," the mayor said. Some residents and elected officials have been using "their platforms to mock, ridicule, bully, harass, and troll those they disagree with," he explained, without specifying any individuals or instances.

In his statement, Hagerty said he refuses to accept changing standards of civility and decorum.

"If we have no rules and no civility, then we descend into chaos and exhibit the dysfunction sadly being observed right now. That is why I am doing what I can to draw a line and say 'Enough,'" the mayor explained.

Hagerty then makes a series of more specific references to incidents he said have taken place over his first 18 months in office.

"I do not think it’s appropriate for an elected official or anyone else for that matter to use vulgar language towards a colleague or a member of our community," Hagerty said.

• Ald. Tom Suffredin, 6th Ward, called 8th Ward Ald. Ann Rainey "sketchy as f---" during a televised City Council meeting on July 24, 2018.
• Rainey approached an attendee at a public electoral board meeting and said, "F--- you," on Oct. 16, 2018, according to multiple witnesses and an ethics board report.
• City Clerk Devon Reid called Corporation Counsel Michelle Masoncup a "b----" within earshot of a fellow employee on an unspecified date, according to an investigation by an outside law firm.

"I do not think it’s okay for the subject of a censure to vote on their own censure," Hagerty said.

• Since there has only been one such instance, Hagerty was clearly referencing Rainey's vote at a Dec. 3, 2018, Evanston City Council Rules Committee hearing not to censure herself following an Evanston Ethics Board finding she had abused her power violated the city's ethics code. Hagerty said the City Council should consider changing the rules that allow its members to vote on their own censure after aldermen voted 5-4 not to censure Rainey, who later said her vote did not make a difference in the outcome.

"I do not think it’s okay for an elected official to threaten and intimidate a City employee, nor remove Executive Session recordings from City Hall without the Council’s authorization," Hagerty continued.

• The mayor here appears to be referencing a 111-hour recording that City Clerk Devon Reid said he made accidentally following an April 28, 2018, executive session meeting. The recording captured a personal conversation and was later cited as evidence of sexual harassment in the investigation by outside attorneys.

"I do not think it’s okay for an Alderman to blatantly ignore the rules of Executive Session and meet with a subject of an investigation and a local attorney," Hagerty said.

• The mayor appeared to be referencing a meeting between former candidate for alderman Shawn Jones and two aldermen who voted in favor of tabling Reid's censure. At a meeting in Jones' office, the allegations against the clerk and the findings of the Robbins Schwartz investigation were discussed. According to attendees, Jones discussed whether the clerk should resign ahead of the censure vote Hagerty had called. Reid said he was told if he resigned before the results of the investigation were made public, aldermen would sing his praises and he would be able to return to elected office in the future. (Despite making several public statements at the meeting where Reid's censure was considered, Jones has not responded to repeated requests for comment and clarification about his meeting with with Reid and two aldermen who did not vote in favor of his censure.)

"If we fail to enforce our standards on these issues of misconduct, then we shouldn’t be surprised that someone who was privy to the most sensitive and privileged information would publicly disregard their duty," Hagerty said.

The mayor has not responded to repeated requests for an explanation of what section of the law he believes was violated. But he offered a hint in his statement, issued via his office's official newsletter.

"Our Aldermen, Mayor and City Clerk have a fiduciary responsibility to the City Council and to the City of Evanston (i.e., the Corporation) to protect the rights of City employees and other elected officials by protecting the privileged and confidential information concerning such individuals," Hagerty said. "This fiduciary duty appears to have been disregarded, which leaves these individuals vulnerable to disparagement and intimidation."

The references to "fiduciary responsibility" suggest that Hagerty believes a city official "intentionally or recklessly fail[ed] to perform [a] mandatory duty as required by law," a violation of Sec. 33-3(a)(1) in the state criminal code, rather than believing that someone knowingly performed an illegal act. (Nonetheless, Hagerty has not specified what part of the law he believes was violated — If he does, it will be added here.)

Likewise, Hagerty has declined to respond to questions about whether he believes former Federal Emergency Management Agency Administrator Brock Long — who the mayor re-hired at his emergency management consulting company with the position of "executive chairman" after the Department of Homeland Security's inspector general found Long cost taxpayers about $150,000 in unauthorized travel expenses — committed the offense of "official misconduct," as Hagerty understands the term.

The mayor's letter to the sheriff also referenced what he described as an "unrelated" Will County warrant for arrest of the city clerk for failure to appear in court in connection with a ticket issued for a suspended license plate offense. It was not clear how this related to the allegations of official misconduct, and Hagerty did not mention it in his newsletter.

"Ignoring this breach and doing nothing was not an option in my opinion. We are better than this and we must behave better than this," Hagerty said. "We must reset our standards and expectations if we are to reestablish trust among the Council, transparency with our community, and deliver results for our City."

Earlier:

• Evanston Mayor Requests 'Official Misconduct' Investigation
• City Council Considers Censure Of Clerk Over Staff Complaints
• Mayor Proposes Bypassing City Clerk With Appointed FOIA Officers
• Evanston City Clerk Sues City Attorney, City Manager Over FOIA

Read: Evanston Mayor Steve Hagerty's Friday, Aug. 2, 2019 Newsletter

GREETINGS

It has been widely reported in the media this week that I have requested a criminal investigation of official misconduct in Evanston (see my letter). I did not make this decision lightly. I am very disappointed that I had to make such an unpleasant and embarrassing request.

Evanston is a great and wonderful City; one of the best urban ring cities in America. This isn’t to imply we don’t have our share of challenges and problems, but we have a dedicated community intent on solving them. We are fortunate. Nonetheless, we are living in a post-civil age. One where alternative facts have become part of the vernacular and rules of decorum no longer seem to apply. One where our leaders do not seem to be held accountable for their words or actions, nor feel obligated to take responsibility. And one where some in our community (including some elected officials) use their platforms to mock, ridicule, bully, harass, and troll those they disagree with rather than seek constructive dialogue. In short, we are living in strange times.

I refuse to accept some of these changing standards of decorum. If we have no rules and no civility, then we descend into chaos and exhibit the dysfunction sadly being observed right now. That is why I am doing what I can to draw a line and say “Enough.”

I do not think it’s appropriate for an elected official or anyone else for that matter to use vulgar language towards a colleague or a member of our community. I do not think it’s okay for the subject of a censure to vote on their own censure. I do not think it’s okay for an elected official to threaten and intimidate a City employee, nor remove Executive Session recordings from City Hall without the Council’s authorization. I do not think it’s okay for an Alderman to blatantly ignore the rules of Executive Session and meet with a subject of an investigation and a local attorney. All these things have occurred over the last 18 months in Evanston, yet no elected official has, as of yet, been held accountable.

If we fail to enforce our standards on these issues of misconduct, then we shouldn’t be surprised that someone who was privy to the most sensitive and privileged information would publicly disregard their duty and release the July 8th Executive Session packet. The release of this information constitutes Official Misconduct under the Illinois Official Misconduct Act, 720 ILCS 5/33-3. Our Aldermen, Mayor and City Clerk have a fiduciary responsibility to the City Council and to the City of Evanston (i.e., the Corporation) to protect the rights of City employees and other elected officials by protecting the privileged and confidential information concerning such individuals. This fiduciary duty appears to have been disregarded, which leaves these individuals vulnerable to disparagement and intimidation. That is why I have called for an investigation, to draw a line and say “Enough.”

It is extremely disappointing to see Evanston in the news in this manner, overshadowing all of the wonderful things happening in our city. Ignoring this breach and doing nothing was not an option in my opinion. We are better than this and we must behave better than this. We must reset our standards and expectations if we are to reestablish trust among the Council, transparency with our community, and deliver results for our City. I will do my part to help us get there and respectfully ask my fellow elected officials and citizens to do the same.

Sincerely,

Stephen Hagerty
Mayor, City of Evanston