Former Kane Co. Board member's new job may pose ethical question
Former Kane County Board member Brian Pollock spent the past five months saving the county $100,000 per election. But that work, and his $78,000 salary, might violate the same county ethics law Pollock and others describe as weak and unenforceable.
Pollock's new boss says any questions about the job are petty politics that would not survive a legal inquiry.
A Democrat, Pollock served on the county board from December 2012 until December 2016. He was unseated in November by board member Angie Thomas.
On Jan. 5, Kane County Clerk Jack Cunningham hired Pollock as an alternative language coordinator.
The county's ethics ordinance bans elected officials from soliciting or seeking employment with the county for one year after leaving office.
The state's attorney's office does not comment on the presence of ethics complaints, but the rule itself sits on a precarious foundation. State's Attorney Joe McMahon, and his predecessor John Barsanti (now a local judge), both deemed the ordinance unenforceable after it came on the books in 2010.
As a candidate, Pollock said he did not support "unenforceable" ordinances on a Daily Herald candidate questionnaire that asked about the law.
"The weak ordinance discussed by the board this year (2012) lacked accountability and enforcement mechanisms," Pollock wrote. "The county board should focus on passing a strong and enforceable ethics ordinance rather than engaging in political theater."
Following Cunningham's 2017 budget proposal last year, Pollock joined his fellow county board members in approving a plan to leave the alternative language coordinator position vacant to start the year. The budget included a line item cost of $42,000 that would enable Cunningham to fill the slot.
The county's finance department and Pollock himsel, describe his position as a 30-hour-per-week, part-time role. But instead of the $42,000 cost of the position, the finance department projects Pollock's earnings for this year to be $78,000. He also receives health and dental insurance as well as pension benefits.
The net impact of Pollock's job might still be a financial win for the county. Pollock said he serves a dual role for the clerk's office. Part of his duties help ensure the county has the proper number of bilingual election judges at polling places.
His other role involves advocating for the clerk's office on initiatives that could save money. That's a similar function to what Pollock performed while he was chairman of the county board's legislative committee. Pollock said he's not a lobbyist. However, he did push local state lawmakers to craft legislation that would allow for fewer election judges at polling places, particularly when multiple precincts vote at the same location. The legislation awaits the governor's signature and could save the county $100,000 per election.
Pollock deferred comment about the ethics ordinance to the clerk.
Cunningham, a Republican, said he coveted Pollock's abilities to work across party lines and find ways to save money back when Pollock was a county board member. Cunningham didn't hesitate to offer Pollock a job in January.
"I try to cut costs and get more money into the county any way I can," Cunningham said. "Brian showed a great ability to do that as a county board member. If the rule says I can't hire him for a year after he leaves office, then I don't think that's a good rule. This guy has been a great asset to my office. I'm keeping him on until I'm told not to. If someone has a problem with that, take it through the (complaint) process."
State law gives elected department heads control over their own offices. The county board only can approve a budget for a department. Once the money is given, it's up to the elected department heads to spend the money any way they want, including hiring. Ethics complaints flow through McMahon's office. The existence of such complaints are generally not made public unless they result in legal action.