Judge: Geneva mayoral ethics complaint case can proceed
A Kane County judge has agreed to consider whether Geneva's ethics commission properly handled an election-related complaint about Mayor Kevin Burns.
Circuit Judge David Akemann Friday denied the city's motion to dismiss a request for judicial review from former alderman Tom Simonian, who ran against Burns for mayor in April.
The city contended the court did not have jurisdiction to review the actions of the commission.
Simonian filed a complaint with the ethics commission March 13. He alleged Burns and Deputy Fire Chief Mark Einwich did campaign work with city resources, violating city law.
Einwich used a city vehicle to deliver yard signs to Burns' house, he said.
At a March 16 commission hearing, Einwich said the signs became stuck under a fire department vehicle in a store parking lot. He sent a text message to Burns to find out where to take them.
Burns testified he didn't recognize the number the text was coming from, and directed the texter to bring the signs to his house.
Simonian asked commission members Tim Moran, Suzy Shogren and David Creighton to recuse themselves because they were appointed by Burns. They should also have recused themselves because some were supporting Burns, and because it was likely others had already decided or voted for one of the candidates, Simonian argued. He contends Moran had a Burns sign in his yard.
He also argued Moran's appointment had expired.
He wanted the complaint to be heard by another public body, and asked for the hearing to be continued. He wanted the commission to inspect Burns' cellphones for calls or text messages to or from fire department workers between Jan. 1 and March 16. He also wanted all emails Burns sent or received from fire department employees from Jan. 1 to March 6.
The commission refused all his requests and dismissed the complaint. Simonian filed for judicial review March 22, and Burns won the April 4 election.
Under Geneva's ethics law, if the commission finds someone intentionally did campaign work on the city's time and dime, the violation "shall be prosecuted as a criminal offense by an attorney for the city." If convicted, the person could be fined up to $2,500, and sentenced to up to 364 days in jail. An employee or officer can also be disciplined or fired.
The next court date on Simonian's request is Oct. 5.
Why pursue?
"This has nothing to do with losing the election," Simonian said in an email Tuesday.
" ... This has to do with a process/commission that the citizens of Geneva should be able to trust is fair and just should they ever need to submit a request to be heard. Unfortunately it is not and it took a mayoral campaign to expose this unfairness."
Simonian said if the mayor and city are confident the hearing was fair and just, "then why are they so hellbent on getting this matter dismissed?"
Burns could not be reached for comment Tuesday.