Kane County set to approve weaker, but enforceable ethics law

A weaker but more enforceable ethics law will be on the table for Kane County Board members to adopt in November after nearly a year of functioning with no ethical code of conduct in place.

Former State's Attorney John Barsanti ruled major portions of the ethics law approved by the county board last year to be invalid just before he left office for a judicial appointment. Joe McMahon, who county board Chairman Karen McConnaughay and the county board appointed to replace Barsanti, echoed Barsanti's ruling when he took office. During the current review, county board members have noted even portions of the law not in question haven't been put in place. All that may change come November.

A county board committee announced Wednesday it had completed a full edit of the ethics law under the direction of Assistant State's Attorney Joe Cullen. The new draft eliminates major portions of the ethics law, and alters others, with the goal of crafting a code that can withstand legal challenges.

The new ethics code deletes all the limits on political campaign contributions. It also allows for the receiving of gifts worth less than $100 and food or meals worth less than $75. Any penalty of jail time made possible by state law for violating the gift provisions is also gone, replaced by a fine of up to $5,000.

Enforcement of the ethics law remains a major question. Changes made in the ethics code will allow the ethics adviser to be an elected official who can be removed by the county board chairman and county board at any time. There has been no discussion about McMahon's call for more money and employees to perform the oversight of the law. Many of the requirements for contractors to disclose political relationships and contributions remain, but the new code doesn't provide a direct route for board members to use that information in awarding contracts. Instead, the county's purchasing department will keep that information in a file and make it available upon request. Board members reviewing that portion of the ethics code said they trust each other to recuse themselves whenever a conflict arises. Campaign contribution information is available if the public wants it, they said. Committee members have also given large corporations a pass on complying with the requested information if they send a legal notice (letter) that providing the information would be too burdensome.

Almost none of the ethics code will now apply to any other countywide elected official such as the sheriff, treasurer or county clerk. But board member Phil Lewis said he hopes public pressure changes that.

“We cannot impose a countywide ethics ordinance on our electeds, but we certainly can encourage them to adopt this ordinance or an ordinance of their own drafting,” Lewis said. “I'd like to see it within six months of their election.”

Cullen told committee members that, even with his legal opinion, it's possible portions of the ethics code may still wither under a legal challenge.

“We're just trying to reflect what you as a county board want to do in this ordinance,” Cullen said. “We try to refrain from actually making the ordinance ourselves. This is an ambitious effort to hold as many county officers as possible to the highest standards. This ordinance goes way beyond the state requirements. But we cannot guarantee that all of these provisions will withstand a challenge.”