Berlin rejects DuPage clerk candidate's request for investigation

There is no evidence to support a claim that DuPage County clerk candidate Paul Hinds broke the law by getting political help from fellow county employees, DuPage State's Attorney Robert Berlin said.

Jean Kaczmarek - Hinds' Democratic opponent in the Nov. 4 election - last month called for an investigation after she learned that employees with the county clerk's and recorder's offices notarized Hinds' petitions and other nominating papers.

Hinds, a Republican, is DuPage's chief deputy clerk and has the support of incumbent Clerk Gary King, who is retiring. The clerk's office is responsible for sending out property tax bills and handles other documents such as birth certificates, marriage licenses and death certificates.

Kaczmarek wrote in her complaint that Hinds "appears to have crossed the line between political campaigning and performing his duties as a county employee by using government staff and resources to complete his petitions."

The Glen Ellyn resident requested an investigation to determine if the petitions were completed during work hours on government property. The petitions were notarized on work days, she said.

But in a letter to Kaczmarek, Berlin said there's no need for an investigation because Kaczmarek didn't provide him with "any facts or evidence" to support her allegations.

"The fact that notary publics who are also county employees notarized petitions on business days is not evidence," Berlin wrote in the letter, which Kaczmarek provided to the Daily Herald.

Berlin said Kaczmarek also didn't provide any evidence to suggest anyone was pressured or felt obligated to notarize Hinds' petitions.

"An equally reasonable inference drawn from your allegations may be that these employees were exercising their protected right to engage in the political process on their own time," Berlin wrote.

On Monday, Hinds repeated his previous statement that the county employees who notarized his petitions did so on their own time. They did the work because they're his friends, he said.

"I said from the beginning that we did everything proper," said Hinds, a Villa Park resident.

In addition to rejecting Kaczmarek's claims, Berlin also refused to recuse his office from the matter.

Citing a conflict of interest, Kaczmarek requested the complaint be transferred to an appropriate authority outside the county "for objective handling."

Berlin said there's nothing in Kaczmarek's complaint to support her claim about a possible conflict.

"You have not set forth any reasons as to why I have a conflict of interest that the court would recognize as a legitimate basis to appoint a special prosecutor," Berlin wrote.

Kaczmarek said Berlin circulated a petition for Hinds and attended a $100-per-person political fundraiser for Hinds. Berlin also has endorsed Hinds, according to Hinds' campaign website.

She said she's exploring the possibility of taking her complaint to other government agencies.

"I am not at all surprised with Berlin's response and fully expected it," Kaczmarek said. "Filing it there first was merely a formality."