Ex-rival: McHenry Co. state's attorney used staff for political work

A former candidate for McHenry County State's Attorney is asking a court to appoint a special prosecutor to investigate claims the man who beat him, State's Attorney Louis Bianchi, had a staff member perform campaign work while she was on county time.

The allegations are contained in a sworn affidavit Woodstock lawyer Daniel Regna filed Monday as part of a petition asking Chief Judge Michael Sullivan to launch a formal probe into the accusations.

"I'm accusing the state's attorney of official misconduct," Regna said. "I want the full truth to come out."

Regna, a former prosecutor under previous state's attorney Gary Pack, unsuccessfully challenged Bianchi last year in the Republican primary.

Bianchi said the accusations were false, and accused his former rival of having a vendetta.

"Mr. Regna made all sorts of accusations during the campaign," he said. "It was gutter politics then and it's still gutter politics. It sounds to me like he's a sore loser."

The claims, according to court documents filed Monday, center around former state's attorney employee Amy Dalby, who worked as Bianchi's personal assistant between January 2005 and July 2006.

According to Regna, Dalby in 2007 came forward with accusations she performed "extensive" political functions while on county time at Bianchi's request. The work, Regna's petition for a special prosecutor states, included maintaining campaign donor lists, preparing correspondence to political supporters and setting up for fundraising events.

If true, Regna's petition states, Bianchi gained a personal advantage for himself while acting in excess of his lawful authority.

Dalby left Bianchi's office in the summer of 2006 to attend classes full time at Northern Illinois University. She declined to comment Monday.

Bianchi declined to give specific comment on Dalby or the work she performed in his office, saying both may be the subject of an ongoing special prosecutor's probe revealed last week.

"I can say I have never campaigned out of this office," Bianchi said. "But I can't comment on anything regarding Amy Dalby."

State ethics laws normally bar a public employee from performing political tasks while being compensated by a government agency, and bar a supervisor from requiring a worker to perform political activities while on the job.

However, because state's attorney is a job created by the judiciary, rather than the state legislature, it is not clear whether those laws would apply if Regna's claims are true. Likewise, the county ethics ordinance may not be applicable because Bianchi's job is one created by the state, not the county.

However, a prosecutor could pursue a case of official misconduct if a public official is believed to have exceeded his or her authority.

Regna declined to state how he became aware of Dalby's claims, or whether he heard them first hand. However, he said, she is not a political supporter of his and never participated in his state's attorney campaign.

In the fall of 2007, the Daily Herald met with a former state's attorney worker who made allegations similar to those reported by Regna.

The ex-staffer, who spoke on the condition of anonymity, provided documents purported to be copies of some of the political work done at Bianchi's request. Among the 31 pages ­- ­unsigned and lacking the state's attorney's seal and letterhead - are what appear to be invitations to campaign fundraisers, details about political contributions, correspondence with supporters, a memo to campaign staff and a program for Bianchi's annual fundraising dinner.

The former staffer said other political duties performed on county time included setting up tables for a fundraiser, typing campaign checks and typing agendas for campaign staff meetings.

Because efforts to independently verify the documents failed, and the ex-staffer would not waive confidentiality, the Daily Herald chose not to publish the accusations.

Asked why he chose to file the petition for the special prosecutor Monday, when he's known about the allegations for 17 months, Regna linked his decision to the same special prosecutor probe Bianchi said may involve Dalby.

Bianchi and the special prosecutor have declined to comment on the nature of the probe, but its focus appears to be Kristen Foley, a Regna supporter and former assistant McHenry County State's Attorney who in 2007 filed an ethics complaint against Bianchi, according to Foley's attorney, Mark Gummerson.

The probe, Regna and sources familiar with it said, is looking into whether someone unlawfully removed state's attorney work product from the office in 2006 or 2007. Foley, who now works as an attorney for the city of Naperville, left the state's attorney's office in 2005.

Documents related to the case, including the petition seeking a special prosecutor, are under seal by court order.

Foley declined to comment Monday, directing questions to Gummerson, who could not be reached.

Foley's 2007 complaint with the Illinois Attorney General's office alleged Bianchi had unlawfully spent thousands of taxpayer dollars on parade candy, staff meals, office snacks, flowers and other expenses. Bianchi did not deny the expenses, but steadfastly maintained they were legitimate business costs. He has said he's since spent his own money on such expenses.

The Attorney General ultimately sided with Bianchi, determining there was no criminal wrongdoing and opting not to pursue the matter any further. In an unusual move, the attorney general's office also publicly disclosed that it was Foley who made the complaint.

Bianchi said his office may not have standing to oppose Regna's request for a special prosecutor, but said it would consider "any and all options" to respond, including filing a complaint with the Illinois Attorney Registration and Discipline Commission.