Lake Forest City Attorney Resigns Over Lobbying Payments Report

LAKE FOREST, IL — Lake Forest's longtime city attorney has resigned over a special counsel's report into the handling of close to $200,000 in lobbying payments. Vic Filippini told Mayor Rob Lansing and City Council members that it was a grave mistake to publicly present the report, which he said contained "a series of false accusations and erroneous legal conclusions" and fostered "baseless assertions of wrongdoing" toward the former mayor.

In a resignation letter dated last month, Filippini said the council acted in an "unacceptable manner" when it allowed special counsel Leigh Jeter to present the report in February. He would have advised against it, had anyone consulted him, Filippini wrote.

Lansing announced Monday that Filippini's resignation had been accepted.

"We thank Mr. Filippini and his associates for their dedicated and able services over the past 18 years and wish them well in future endeavors," the mayor said, explaining the city's legal committee has already issued a request for proposal for professional legal services.

Filippini's firm will continue to provide legal services until a successor is named. Interviews will be conducted within the next 60 days with a recommendation expected by July.

Council members also unanimously agreed Monday to direct to legal committee to review the city's ethics ordinances.

"I have enjoyed my time of service over the last 18 years and everything I have to say I said to the City Council in my resignation letter," he said.

In the letter, Filippini cited court rules against representing clients who insist on taking actions an attorney "considers repugnant or with which the lawyer has a fundamental disagreement," saying he felt he had no choice but to resign. He said his firm will work with his successor to make sure the city is properly represented during the transition.

The resignation letter was dated March 19, four weeks after a special counsel appointed to investigate payments made through Filippini's law firm.

Late last year, a group of residents comprising the Alliance to Control Train Impacts on Our Neighborhoods (ACTION) accused city staff of making a secret deal to promote rail expansion. Lansing acknowledged payments had been made at a Dec. 4 meeting, and a special counsel was officially appointed to probe the transactions on Jan. 16.

On Feb. 20, attorney Leigh Jeter presented a report to the council into how the city spent $192,000 in lobbying payments to the Washington, D.C.-based lobbying firm of Chambers, Conlon & Hartwell to lobby for a West Lake Forest stop on Amtrak's Hiawatha Line service without the knowledge of the City Council.

The report found that Filippini "furthered [City Manager Bob] Kiely's and [Former Mayor Donald] Schoenheider's ability to violate City Code...by allowing the City to engage in two contracts with [D.C. lobbyists] CCH without obtained the required approval from City Council. Collectively, the two contracts...exceed $200,000."

"Unlike Mr. Kiely, who admits that he should have obtained City Council Approval for the CCH contracts, Mr. Filippini provides numerous reasons as to why the arrangement with CCH was proper without City Council approval," Jeter wrote.

According to Jeter, the city attorney mainly claimed that he had an engagement letter with the city allowing him to contract with third parties on behalf of the city for any amount of money, and because the city approved all of the invoices his firm sent, there was no need for specific approval of the money that went to the lobbyists.

In his letter of resignation, Filippini wrote that there was never a contract between the lobbying firm and Lake Forest – both were contracted with his firm, and the City Council approved all such payments.

"Again, a careful legal analysis demonstrates there was no violation of the City Code," he wrote.

Jeter found that even if Filippini was correct and the "letter" of the code was not violated, "the spirit of these Code Sections was in fact violated," and he should have "counseled Mr. Kiely to obtain City Council approval for the CCH contracts when Mr. Filippini became aware of them."

Jeter found that Filippini did not try to cover up the nature of his legal bills. He said the mayor knew or should have known, and assumed until December 2017 that the detailed legal invoices were being reviewed by the chairman of the Finance Committee and approved by the council.

The report recommended that the council take "appropriate action to ensure that Mr. Filippini understands its expectations regarding his professional role and obligations as City Attorney."

Lansing told the Lake Forester the city was extremely well-run despite the report into the handling of the lobbying payments.

"In the grand scheme of things, this was not a big deal and we've made some policy corrections and we go forward," the mayor said.

He explained the city manager had been absent from the April 2 meeting due to a vacation but was expected to return.

In 2000, Filippini was appointed to replace to replace Murray Conzelman, reportedly known around Lake County as the "Dean of Municipal Law," who had spent 20 years as Lake Forest city attorney.

"I wish nothing but the best for the City and its residents. I commend the City staff and its many volunteers for their commitment to good government in Lake Forest. It has been my privilege to serve as City Attorney for 18 years and to have worked with such dedicated people," Filippini's letter concluded.

"I am hopeful that the circumstances that compel me to resign represent an aberration, and I am hopeful that the City Council takes some action – however inadequate – to right the wrong that it has wrought."

Filippini, who lives and works in Evanston, is a graduate of the University of Michigan Law School, has been licensed to practice law since 1983 and has been selected as a top rated local and municipal attorney by Super Lawyer magazine since 2005.

He also represents several other north suburban towns, including Grayslake, Bannockburn, Long Grove and others that he declined to specify.

"I represent a lot of different municipalities in a lot of different capacities," all around the metro area, he said.

Filippini is also representing the Village of Skokie in a water lawsuit with neighboring Evanston. In that case, the village has refused to provide its billing records with Filippini's firm, claiming it would reveal its "work project and litigation strategy."

Related:

• $192,000 Spent On Amtrak Lobbying Without Council Approval
• Special Counsel To Investigate Lake Forest Amtrak Lobbying Payments
• Lake Forest Amtrak Lobbying Report Recommends Discipline

Read Victor P. Filippini, Jr.'s complete March 19, 2018 letter of resignation – along with 28 pages of exhibits – to the mayor of Lake Forest and members of its City Council: