Request for prosecutor to investigate McHenry board pension eligibility withdrawn
The McHenry County state's attorney's office has withdrawn a request for a special prosecutor to investigate whether county board members enrolled in a state pension program are breaking the law.
Amid allegations that 18 county board members in the Illinois Municipal Retirement Fund do not work enough hours to be eligible, the state's attorney's office Thursday filed a motion to the 22nd Judicial Circuit for the appointment of a special prosecutor to examine the situation.
The same day, IMRF Executive Director Louis Kosiba attended a county board meeting to discuss a separate investigation being conducted by the retirement fund. Kosiba had previously asked board members, who are required to work 1,000 hours per year to receive pension benefits, to provide documentation of their hours from 2015 and 2016.
So as not to repeat the IMRF's tactics, Assistant State's Attorney Norman Vinton filed another motion Monday to withdraw the initial request.
According to the motion, "The appointment of a special prosecutor at this time may be premature as the IMRF and its audit procedures are ongoing, and the appointment of a special prosecutor may duplicate the actions of IMRF and cause two different governmental bodies to undertake the same activities."
If the IMRF investigation does not resolve the issue, the motion states, the office may refile the request.
Vinton declined to comment further.
State Rep. Jack Franks said he "respectfully disagrees" with the state's attorney's decision, noting the IMRF's investigation is a civil matter and doesn't touch on potential criminal activity. The retirement fund also doesn't have the power to subpoena records, he said.
"(A special prosecutor) would have more of an ability to require the board members to be forthcoming and turn over documentation," Franks said. "Relying on an investigation of a non-investigatory body is curious."
The board members enrolled in IMRF signed affidavits last fall certifying they meet the 1,000-hour requirement, a standard set by the board in 1998. At the time, that was proof enough for the IMRF, Kosiba said.
But Franks, a Marengo Democrat, later told the IMRF he was suspicious of the validity of the forms.
Providing false information in order to receive a benefit is a felony, Kosiba said.
Earlier this month, Franks sent a letter to State's Attorney Lou Bianchi requesting he petition the court to appoint a third party to the case. Because Bianchi serves as the attorney for the all-Republican county board, Franks said, it would be a conflict of interest for him to analyze the situation himself.
Now that the office withdrew the motion for a special prosecutor, Franks said, he may take matters into his own hands.
"It's curious and troubling to me why they would ask for it to be removed at this time. I don't understand the thought process," he said. "I'm looking at my own options as well ... but I was hoping those who were closest to it would do the right thing."
Kosiba said the IMRF's investigation is parallel but separate from Franks' intentions. On behalf of the IMRF, Kosiba asked county board members to submit records, logs, calendars, meeting dates and times, and other evidence of work hours by April 4.
Several county board members said Thursday the request is nearly impossible, especially because they were under the assumption the affidavits would serve as proof of their eligibility. They also accused Kosiba of being pulled into a political ploy with Franks, who they said has a vendetta against the board.
Kosiba nixed the April 4 deadline and said the IMRF will work more closely with board members and administration in determining their IMRF eligibility.