Ethics probe clears District 214 for pre-referendum polling, but critic calls it ‘unwritten loophole’
An ethics investigation found Northwest Suburban High School District 214 officials didn’t violate ethics and election laws and policies by conducting polling in the lead-up to the district’s $295 million referendum.
But the taxpayer advocacy group that filed the initial ethics complaint questions the report’s conclusion — determined by a law firm retained by the Arlington Heights-based district — and seeks further review by Cook County State’s Attorney Eileen O’Neill Burke and a formal opinion from Illinois Attorney General Kwame Raoul.
Brian Costin, deputy state director of Americans for Prosperity-Illinois, filed the 14-page complaint in July, questioning the district’s use of public resources for alleged referendum polling, voter surveying and campaign-related activity, as well as its contract with firm EO Sullivan Consulting.
Did the district’s use of EO Sullivan to conduct phone surveys in October 2025 and May 2026 constitute public opinion polling in violation of the state ethics act and district ethics policy?
Likely no, says Elizabeth Kelly, of Oakbrook Terrace-based Fagen, Friedman & Fulfrost LLP, which District 214 retained for the ethics probe.
Although the district did engage the consultant to conduct surveys, people were not asked if they were for or against any ballot question, Kelly wrote in an eight-page report.
There was no active referendum pending when the surveys were conducted, she added.
Kelly noted several school districts in Illinois have contracted with EO Sullivan and competitor firms to gain an understanding of what, if any, projects for which residents would be willing to provide additional financial support.
“These practices have not seemingly been shut down, discouraged, or prosecuted by any local state’s attorney or the attorney general, which suggests a consensus that the conduct is not violative of any act of policy,” Kelly wrote in her Sept. 3 report.
Costin, in a written response to the school board Tuesday, said the absence of any enforcement doesn’t mean the conduct is lawful.
He also called polling conducted before a question has been formally placed on the ballot an “unwritten loophole.”
The school board on Aug. 6 voted to place the bond question on the Nov. 3 ballot.
“The issue is not whether District 214 may assess its buildings, explain infrastructure needs, calculate costs, or solicit general public input. It plainly may,” Costin wrote in a five-page objections letter. “The issue is whether it may use taxpayer funds to test specific tax-increase amounts, measure voter support and opposition, identify politically viable referendum options, refine an option based on the results, and develop messaging intended to overcome opposition.”
Costin called on the school board to forward his original complaint, Kelly’s report and supporting records to the state’s attorney, who has the ability to seek a formal opinion about referendum-related polling from the attorney general.
The board formally has until mid-October to review the ethics report and decide whether to accept the lawyer’s conclusion.
cplacek@dailyherald.com