Ethics Commission blinks

When the Ethics Commission convened this afternoon, four of the five members were present. When the Public Comment period opened, the Chairman stated that speakers would have five minutes.

First up was Mark Gummerson, attorney for Undersheriff Andy Zinke. He launched into a long explanation and analysis of the rules and scope of the Commission, occasionally pausing to inquire (sort of) whether he was speaking at the right time or should wait for the Hearing to start. And then he continued. After about ten minutes, he took a breath and the Chairman told him his time was up.

Mark asked for an extension, and the Chairman allowed it.

Then Rebecca Lee spoke, also representing Zinke. And also out of order, but the Chairman didn't stop her.

When the Chairman indicated he was about to move on, I spoke up and asked to address the Commission, pointing out that the clipboard with the sign-in roster had been under Rebecca Lee's binder. The sign-in clipboard was passed to me, and I was allowed to speak. Mark Gummerson quickly said that it was unintentional that the clipboard ended up underneath Lee's three-ring binder.

I complimented the Commission on its patience in allowing Gummerson and Lee to take up considerable time arguing their points about how the Commission was to conduct itself.

I also asked if the Commission members would speak up as loudly and clearly as Gummerson and Lee had. (Later they didn't.) I also asked for the Commission to ask Gummerson to state whether he was representing Zinke and the McHenry County Sheriff's Department, or if he was representing Zinke as a political candidate. In other words, who was footing the bill for today's appearance by Gummerson and Lee? (The Commission did not ask.)

Then one Commissioner asked if they could go into Executive Session, and they did. No exemption was stated before the rollcall vote was taken, but the Chairman identified two exemptions before they left the room. Just a little procedural error.

After about 25 minutes, the Open Session resumed. A voice vote was taken, although a roll call vote is required. Just a little procedural error.

The Chairman asked for a motion to proceed with the matter. (Silence.) Then the Chairman made the Motion himself. When he asked for a Second, no one spoke up immediately. Finally, Commissioner John White indicated that he would second the motion.

The vote was 0-4. Without discussion. Did Gummerson scare them off?

During the Public Comment period, Gummerson said he was going to ask for a $5,000 sanction against Cal Skinner for filing a frivolous action. And he threw in, during the Public Comment period, that the sheriff had approved Zinke's email to the County Board.

Talk about creativity! Afterwards, one member of the audience overheard Nygren telling a Northwest Herald reporter that he had okayed Zinke's contacting the Board. Did that really happen? If so, how come Zinke's email to the County Board made no reference to it?

I happen to believe it never happened. I believe they thought of it later. Rebecca Lee spoke about Zinke's relationship with the Board. He doesn't have any relationship with the County Board. His relationship is only representing the Sheriff before the Board.

If Nygren had approved Zinke's email, Zinke would have said so in his email. It's called CYA. As I recall, he didn't mention it. He did not write that he had discussed the matter with the sheriff or that Nygren had approved his email.

We should be able to rely on Nygren and Zinke to be truthful. And their lawyer should be telling them to be truthful.