Thursday, July 28, 2022

Free and Equal Elections....In Freeport?

With the home rule question coming up on the November ballot for Freeport voters it is important citizens be on the look out for our money being improperly used to sway the vote...there is history here.

The Illinois Constitution of 1970 Article III, Section 3, states that "All elections shall be free and equal."  And because every elected local official in office is sworn to uphold the Federal and State Constitutions it must be true, right?

However, if those local elected officials that are sworn to uphold our laws and constitutions sit on their hands and do nothing when there are blatant violations of election laws, the 1970 Illinois Constitution means nothing.

In the not so distant past, most of the players are still alive, local movers shakers showed a propensity to interfere in the election process, using public money as if an election issue funded by public money could ever be "equal" while those in power pretended nothing was wrong here.

Let's go back 20-years ago when there was much debate within   Freeport over building a new library.  Some residents only wanted library money used (they have their own tax) and didn't want city government to supply any money stating the City of Freeport had enough to worry about.  This group especially didn't want any long term public debt for the new library.  Without home rule library bonds have to go to referendum.

The group called themselves the "Freeport Good Government Group."   FGGG took on the herculean task of collecting signatures of 10% of Freeport registered voters in order to force an advisory referendum regarding a City Council resolution to contribute funding.

Despite too many underhanded shenanigans to mention here by those in power in an effort to keep the question off the ballot, a judge finally decided the group's petitions had merit and ordered the advisory question to appear on the primary ballot.  The final court order was entered on February 27 with the primary election occurring in less than three weeks, on March 19, 2002.

Suddenly, in the middle of March within a week of the vote, all kinds of advertising began showing up.  Freeport voters received a direct mailing stating that the City's money to build the new library was "here now" and claiming there would be no long term debt as part of its construction.

It seems that a mere six days before the primary a political action committee was created calling itself  "Freeport Forward."  Here is some of the public record as it still appears on the Illinois State Board of Elections website.


So the next logical question is where did this Freeport Forward PAC originate from and where did their money come from?  Fortunately the ISBE website will tell us that too.  Here is some of the report.


Notice that more than $8600.00 came from the Freeport Downtown Development Foundation, an entity completely supported by taxpayers.  Following is a majority of the PAC's expenditures.  The FDDF is now part of the Greater Freeport Partnership.

It also needs to be mentioned that the president of Freeport Downtown Development Foundation at that time was also the publisher of the Journal-Standard.  Note that the newspaper received more than $6400 for political advertising.

The PAC also paid for a direct mailing to Freeport voters all of this paid political advertising pitched misleading information about a referendum 10-days away.  There was no time to publicly rebut or counter the misinformation being spewed with the help of taxpayer dollars.  The money was not,  nor never was "here now" and the Freeport City Council did end up using home rule to borrow money over 30-years to help pay for the new library.  

Freeport voters were lied to with their own money, pure and simple.

And not one local elected official, despite being sworn to uphold the Illinois Constitution and all that includes seen a thing even after it was brought to their attention.  Free and equal elections....where?

Notice the address of the Freeport Forward PAC, 101 West Stephenson Street,   At that time that address was the Fifth/Third Bank.  The direct mailer was postmarked using the bank's postage meter.  The vice president of the bank in March 2002 is the present chair emeritus the Greater Freeport Partnership.

Maybe that's what leadership means in Freeport, make your underlings accountable forever while avoiding any personal responsibility now and in the future for themselves.

Let's be on the lookout for public money, our tax dollars, being used to campaign for or against any election initiative.  Elections cannot be "equal" if public dollars are financing any side. 

Freeport/Stephenson County elected officials have never had a problem with such blatant constitutional impropriety before, why would it concern them now, it's not like anyone has ever had consequences.

As always, yours in honesty,

John Samuel Cook
2022



  

Wednesday, July 20, 2022

Home Rule and Associated "Negativity"

Freeport officials seem to  constantly be lamenting on the "negativity" of Freeporters.  

And why shouldn't we citizens of Freeport be negative?

For 50-years the Freeport City Council, with little to no input from citizens, has used home rule powers to build the city they wanted.

Every single tax and spend issue in the City of Freeport has been decided by the Freeport City Council.  Despite an astronomical amount of public  debt (well beyond the legal limit for non-home rule municipalities) as well as a plethora of home rule created taxes there has not been one binding referendum.  All tax and spend decisions have been made  by the Freeport City Council, completely excluding the public that must pay the consequences of often poor decisions.

Not only has home rule permitted the Freeport City Council to borrow money without a referendum.  Home rule even allows the city council to get around statutory protections put in place for the public that require public notice when borrowing money from citizens.  That's right they can borrow money without even providing formal notice or a public hearing.

Non-home rule units of government are bound by the Bond Issue Notification Act (BINA) 30 ILCS 352/.  Under BINA any "governmental unit" that proposes to take on public debt must first provide published notice as well as a public hearing.  Because BINA does not specifically pre-empt home rule powers, it is not binding upon home rule units.  Therefore, the Freeport City Council simply ignores this clear and concise Illinois Statute.

Perhaps former city council member Peter McClanathan, who just happens to be running for judge in the 15th Judicial Circuit Court can explain to the public how this was proper use of home rule powers. 

Why hasn't another former city council member, Andrew Chesney, who currently serves as Freeport's state representative and is running for state senator, not made a proposal to make BINA binding on home rule units too?

Both gentlemen should be able to explain their position on using home rule for a city council to avoid the public notice requirements of BINA.  They've both taken part in approving bond ordinances that used home rule to bypass the BINA requirement, so I would like to hope that men in their positions could speak to the specific issue at hand.

With home rule there is absolutely no city council accountability to the public at large.  In 2003 a huge issuance of public debt was passed on first reading after suspending city council rules.  More than half of the Freeport City Council that approved this 30-year bond issue is either dead, or has moved out of Freeport, leaving the rest of us to retire the debt they thought necessary. 

I asked that very question in an article in the Register-Star way back in 2005.  I'm still waiting to hear a coherent response from any Freeport City official charged with representing the public.


Is it any wonder Freeporters have a bad taste in their mouth?  And wouldn't citizens be more likely to have a better attitude if it was some of their decisions which got Freeport to this point?  But it hasn't been...at all.  The public has been kept out of every major tax and spend decision because of home rule. 

Please, anyone, explain how home rule has been anything more than "Get out of Jail Free" card for the Freeport City Council while the public at large pays the the price.

As always, yours in honesty.

John Samuel Cook