Indicted Ex-City Manager Negotiates Plea Deal As Trial Date Nears

WAUKEGAN, IL — Plea negotiations are underway between prosecutors and the attorney representing former city manager Bob Kiely that could resolve the case against him ahead of trial, the Lake County News-Sun reported Tuesday. Kiely has pleaded not guilty to one count of official misconduct in connection with payments made to a lobbying firm between January 2016 and March 2017. He is tentatively scheduled to face trial later this month.

Kiely, 62, was indicted in October by a Lake County grand jury on the class 3 felony offense of performing an official act "which he knew he was forbidden by law to perform, in that he engaged in a lobbying contract in excess of the $20,000 purchasing authority," according to the indictment.

Lake Forest engaged the firm in an effort to secure funding for a new Amtrak Hiawatha Line stop and pedestrian underpass in west Lake Forest, eventually spending nearly $200,000 without explicit City Council approval, an independent 2018 report found.

Earlier: Longtime Lake Forest City Manager Indicted

On Monday, Lake County Assistant State's Attorney Fred Day notified Circuit Judge Victoria Rossetti that prosecutors were continuing to negotiate with Kiely and his attorney, according to the News-Sun. Kiely's attorney, Albert Wysocki, did not immediately respond to a request for comment.

Following the announcement of the charges, Lake Forest city staff released a statement pledging their cooperation with the state's attorney's office.

"The City is committed to serving as an effective steward of taxpayer funds," it said. "Part of that stewardship includes ensuring that contracting and procurement policies are adhered to and are reflective of our dedication to conducting Lake Forest's business prudently, effectively and responsibly."

Related:
Lake Forest City Manager To Step Down Next Year
City Attorney Resigns Over Rail Lobbying Payments Report
Lake Forest Lobbying Report Recommends Discipline
$192,000 Spent On Amtrak Lobbying Without Council Approval

Kiely has emphasized he never sought personal enrichment through the arrangement, which involved payments of $9,500 a month to the Washington, D.C.-based firm of Chambers, Conlon and Hartwell that were included in legal bills to the Evanston-based law firm of former City Attorney Vic Filippini.

"I believe that the action has no merit, and is not based on the facts of the situation or the law," Kiely said in response to his indictment. "I have no additional information other than to underscore that there never has been, nor is there now, any allegation of personal gain in this matter."

Kiely is due to collect annual pension payments of nearly $200,000 this year. If he is found to have committed a felony in his official capacity he may be asked to forfeit the pension, which he contributed more than $229,000 into between May 1980 and January 2019, according to the Illinois Municipal Retirement Fund.

The next case management conference in the case is scheduled for Jan. 14. A jury trial currently scheduled to begin Jan. 21 could be delayed by ongoing plea negotiations.