Former Lake Forest City Manager Pleads Guilty To Reduced Charge

LAKE FOREST, IL — Longtime Lake Forest City Manager Bob Kiely has pleaded guilty to a misdemeanor as part of a deal with prosecutors to resolve allegations he illegally made payments to a lobbying firm.

Kiely appeared before Circuit Judge Victoria Rossetti Tuesday to enter a negotiated plea of guilty to the reduced charge of attempted official misconduct in exchange for his admission into an alternative prosecution program of the Lake County State's Attorney's Office.

The program means prosecutors have agreed to dismiss the case in six months if the former city administrator satisfies the terms of the program, which include an apology, community service and a charitable donation.

"My family and I are thankful for the overwhelming outpouring of support we received throughout this process," Kiely said in a statement. He had previously argued the allegation was meritless and not based on facts. "It is truly humbling and appreciated."

Kiely, 63, retired in January 2019 after nearly three decades in city government. He was indicted on Oct. 23 on one count of official misconduct, a class 3 felony punishable by up to five years in state prison and the potential forfeiture of a nearly $200,000-a-year pension. The reduced charge is a class A misdemeanor, which could not have resulted in any more than a year in county jail.

The indictment stems from over $192,000 in payments made by a lawyer for the city to the Washington, D.C.-based firm Chambers, Conland and Hartwell between March 2016 and October 2017 without specific approval from the City Council.

The money was used to lobby for an Amtrak stop in west Lake Forest and funding for a pedestrian underpass, and the payments were made in $9,500 monthly transfers by the law firm of former City Attorney Vic Filippini, who aldermen had authorized to enter into contracts.

An independent report from an outside attorney hired by the City Council recommended Kiely be disciplined but stopped short of calling for his termination.

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The plea means courts will not weigh in on whether the original charge could have stood — or whether it suffered from a fatal legal flaw.

According to the indictment, Kiely "engaged in a lobbying contract in excess of the $20,000 purchasing authority" laid out in the city code without City Council approval.

But since Lake Forest has an aldermanic form of government rather than a managerial form — and because Filippini's firm had been granted specific authority by the City Council and the former Mayor Don Schoenheider to enter into third-party contracts — a court could have found Kiely himself never technically entered into the contract and tossed the charges.

Indeed, a report from special counsel Leigh Jeter into the affair found the "spirit" of the city code was violated, although it acknowledged Filippini's stance that the code was never technically broken — because the city itself was never a party to the contract with the lobbying firm. Filippini said Jeter's misinterpretation of the contract had corrupted her legal analysis, resulting in "a series of false accusations and erroneous legal conclusions." He resigned from the city after aldermen released the report.

The terms of the alternative prosecution agreement require Kiely to make a $1,000 contribution to an as-yet-unspecified charity, pay $875 in fees and court costs, complete 15 hours of community service and apologize in writing to Lake Forest and its City Council.

Kiely also may not hold public office while the charges remain pending, according to Lee Filas, communications manager for the Lake County State's Attorney's Office. Filas said prosecutors took into account that Kiely took full responsibility for his actions and did not personally profit from the arrangement.

Because Kiely only pleaded guilty to attempting to knowingly perform "an act which he knew he was forbidden by law," the question of whether his actions constituted bonafide official misconduct remains unanswered.

Had he been convicted of a felony and found to have committed it in his official capacity, Kiely could have been forced to forfeit his $197,000-a-year pension, which is due to rise to nearly $203,000 a year in January.

City officials are "pleased that this case has been resolved," according to a statement provided by staff.

"We are hopeful that Bob, his family and everyone involved can now move on from this matter," it said.

Kiely is due back in court on Aug. 25, at which point prosecutors plan to dismiss the charge and clear Kiely's criminal record if he has completed all the terms of the alternative prosecution program.

Earlier:
City Attorney Resigns Over Rail Lobbying Payments Report
Lake Forest Lobbying Report Recommends Discipline
$192,000 Spent On Amtrak Lobbying Without Council Approval