Ethics Investigations: Zinke-style vs. Madigan

This morning's Northwest Herald contains an Associated Press article about an investigation by the Illinois Legislative Ethics Commission of long-time Speaker of the House Mike Madigan. The question? Did Madigan (and Reps. Luis Arroyo and Elizabeth Hernandez) interfere in Metra personnel matters?

The Commission voted to give Legislative Inspector General Tom Homer the authority to investigate. The article said that Madigan requested the Commission to investigate.

In other words, "Bring it on."

Contrast this with the response of Undersheriff Andy Zinke, supported by his boss, da Sheriff, when the McHenry County Ethics Commission met last Thursday to consider whether to investigate Zinke.

Zinke showed up with one of McHenry County's most expensive lawyers who, in effect, wrested control of the meeting from the Commission Chairman and the Commission. Mark Gummerson launched into a defense of Zinke during the Public Comment period, challenging the Commission's own operating rules and authority.

Although the Public Comment period was to be limited to five minutes per person, Gummerson went on and on. And the Chairman allowed it, almost as if he didn't dare to interrupt Gummerson.

Gummerson even suggested that his comments might be more appropriate during a hearing than during the Public Comment period. And then, without breaking to take a breath, he continued. And the Chairman didn't cut him off.

Then Rebecca Lee, co-defense attorney of Zinke and a partner of Gummerson, took her own shots at the Commission. Again the Chairman should have cut her off.

What they did was blow enough smoke in the eyes of the Commission that it blinked. A Commissioner quickly suggested an Executive Session, before the hearing was even opened. Then, about 30 minutes later, the Commission returned to open session (without the required rollcall vote of those in attendance (only a voice vote)) and voted down the Motion.

In other words, Zinke skated on the alleged violation made in the Complaint by Cal Skinner, publisher of the McHenry County Blog. They never even listened to Cal's side of it. The Commission never questioned Zinke.

In particular, the Commission never placed Zinke or Nygren under oath to question them about whether Nygren had really granted authorization for Zinke to communicate directly with the County Board. That element of the defense didn't even hit daylight until Thursday afternoon at the hearing. And the Commission never should have heard that until it was part of the hearing (which never got opened).

Does this mean the Complaint should be re-filed? In order to get a fair hearing?

The FirstElectricNewspaper reported with the headline, "County Ethics Commission Exonerates Zinke". My feeling is that is not what happened, because the Commission never heard any testimony in the Complaint.

Doesn't Mike Madigan read the Northwest Herald? He could have called Mark Gummerson and retained him to try to confuse and scare the Illinois Legislative Ethics Commission. Instead, Madigan said, in effect, "You guys don't scare me. Bring it on."

Words seldom heard in McHenry County.