Tuesday, July 13, 2021

Home Rule Misinformation From the City Manager

 Last week Freeport City Manager Randy Bukas appeared on a Quincy Media Rockford television station to, more or less, spread misinformation regarding the City of Freeport's status as a "home rule" municipality under the Illinois Constitution.



Clearly, Manager Bukas, needs better legal advice.

He was, nearly immediately, called out as a liar by The Kraver Report blog which can be found at thekraverreport.blogspot.com

City Manager Bukas implies that taxes created under home rule authority will automatically cease.  That is not necessarily the case at all.  Tutty would suggest that the city manager and his legal counsel study Royal Liquor Mart v. City of Rockford that came about after Rockford lost home rule powers in 1983.  You can Google it.

Another faulty implication made in the news story by Quincy Media was this statement: "The drop below 25,000 (in population) would eliminate Home Rule and potentially  mean a major hit  to homeowners  and their wallets"

First off, you can never automatically lose home rule powers.  An Illinois municipality automatically has home rule if its population increases to more than 25,000 but that's not the case in a drop to below 25,000.  If Freeport is below the 25,000 threshold with the next official census, due in September, the Freeport City Clerk is then statutorily compelled to place the home rule question upon the next general election ballot.  Here is the actual Illinois statute:


Randy Bukas, bless his heart, has not been in Freeport long enough to begin to understand all the ways home rule power has been abused in Tutty's town.  It's funny that he wants to talk about home rule now,  but not last month, when he was encouraging the Freeport City Council to use these vast powers to borrow $2.5 million in general obligation debt because they could.

Without home rule all general obligation debt would be subject to referendum approval.  Imagine that, asking the people which must retire the debt before taking it on.  Here in Freeport they not only use it to avoid a referendum but also public notice through publishing or a public hearing.

In many past instances of bond issues the Freeport City Council has suspended the rules and borrowed money with only one reading of a bond ordinance.

Please Freeport Council and Manager Bukas, explain to Tutty and friends what part of this is accountable local government?

And if you can just borrow $2.5 million at the drop of a hat, how is we are not being taxed too much?

Home rule has been used as a club over the citizens heads since 1992, and Tutty is willing and capable to expound.  It's been a "get out jail free card" for the Freeport City Council for the past 30-years.  Times get tough, create a new tax and borrow more money.  Freeport is drowning in debt and zero of that debt was created by referendum.  It was all created, using home rule, by a mere handful of citizens acting as the corporate authority.  

And yet they wonder why citizens feel disenfranchised, we didn't create the problem, home rule and cavalier leaders did, home rule must go.

As always, yours in honesty, Tutty Baker  tutty.baker@gmail.com



Monday, April 12, 2021

Election Shenanigans in Tutty's Town?

 Last Tuesday's consolidated election seems to have churned up some controversy here in Freeport, Illinois.  An investigation has been demanded, so let's investigate by thoroughly reviewing the events as they unraveled, in chronological order, on election day and beyond.

After polls had been open just more than two hours, Stephenson County State's Attorney Carl Larson took to his Facebook page with a public statement claiming "I've received several phone calls today asking about the law in Illinois concerning electioneering."   State's Attorney Larson's post went on to give his opinion on "electioneering" without citation to pertinent statutes or court precedent.

Tutty found Mr. Larson's post to be out of the norm.  Most competent attorneys don't take to Facebook within hours of being brought concerns, without first exercising a modicum of effort to ensure the substance and veracity of the complaints.  Secondly, who calls the Stephenson County State's Attorney first, with such concerns?  Why not speak to an election judge or call the Stephenson County Clerk and Recorder?  Tutty just can't believe that many concerned citizens would reach out to the State's Attorney first regarding such purported impropriety.  Mr. Larson did not mention if  he had reached out to the County Clerk and Recorder before intervening in the statutory duties the Clerk.

A few hours later, with more than six-hours before polls closed, 89th District State Representative and chairman of the Stephenson County Republican Central Committee, Andrew Chesney, used his Facebook page to purport that, "Local Freeport Democrats are breaking the rules (again) and appear to be unlawfully electioneering around polling places." and provided a link to State's Attorney Larson's post in an apparent effort to substantiate his claims.  How, exactly, Representative Chesney knew the concerns voiced to the state's attorney originated within Freeport precincts, or who it was partaking in the questionable behavior, is at present an apparent mystery.  How much communication there was between the chairman of the Stephenson County Republican party and the State's Attorney throughout election day and the exact nature of that communication is an important question for any investigator.   Here is a picture of Representative Chesney's post.


Representative Chesney continued to pour it on throughout election day, stirring up his Facebook followers and others in the community.  He made two more Facebook posts on Tuesday before the polls closed.  Both posts alleged that a candidate for mayor was partaking in criminal activity.  The state representative's posts were shared by dozens of Facebook users.

The media was also hounded by Representative Chesney to cover what he had been purporting throughout day to be "illegal" and "unlawful" behavior.  To their credit the local media that did cover the state representative's allegations were much more reserved.  News directors and editors like to consider the veracity of what they are being spoon fed by a partisan politicians.   Representative Chesney can spout all the misinformation he wants on social media, trying to get those same lies on traditional media is much more difficult. A Journal-Standard news story on the subject did state, "Police did not receive any requests Tuesday from an election judge."

Tutty finds it rather odd that Representative Chesney could see so much wrong doing from behind his phone yet Stephenson County election judges didn't see any violations worth reporting.  And it wasn't even a busy election day.

Even when election day was over and there was no dispute over winners and losers  Representative Chesney refused to let go of his unfounded allegations.  He recruited State Senator Brian Stewart and together they issued a joint press release.  According to the document the "Legislators are calling on the public to share additional evidence as part of an investigation into election hijinks from the Freeport Consolidated General Election n Tuesday, April 6."

Representative Chesney implored, "We've heard rumors of this kind of illegal activity occurring in Chicago, but we've never had this problem here
 until now."  Senator Stewart is credited with stating, "I join Representative Chesney in urging a full investigation into these reports and gathering evidence toward filing criminal charges against the perpetrators."  Damn senator, you went from "investigation" to the "filing of criminal charges" in one sentence, not too prudent in Tutty's humble opinion.  Secondly, if the legislators are alleging there was a murder, yet they have no body, not even a missing person...they really look silly.  Fact; Tutty is laughing out loud.

The Stephenson County State's Attorney also offered up a Facebook post the day after the election.  State's Attorney Larson dubbed it "A Deeper Dive on Electioneering" and it began like this, "We, here at Stephenson County, received many phone calls from citizens who were distressed and angered by campaigning which was occurring at or near the polling places during yesterday's election."  I think the state's attorney means that  these citizens were "distressed and angered by campaigning which (was purported to be) occurring at or near polling places...".  Without adding the words in parenthesis the states attorney has effectively turned hearsay into authoritative fact.  This is not very becoming for someone practicing a learned profession.

State's Attorney Larson went on, "As far back as we can remember this has never happened before in Stephenson County and it is fair to say that these tactics were outside of the normal custom and practice for political campaigns in Stephenson County."  While Tutty doesn't know who the "we" the state's attorney includes in his post consist of, it is obvious he's not working alone.  What's more, "we" do not have a very long collective memory.

Tutty doesn't think Senator Stewart will deny that he hasn't ever given rides to the polls in all his years in elective office.  It's been a long tradition in Freeport for candidates in local races to pick up those without the ability to drive and take them to the polls.  So if it is somehow improper to stand outside a polling place, possibly interacting with voters, why is it not improper for candidates on the ballot to drop voters off at the door?

Do we need an investigation into what happened during Freeport's consolidated election on April 6, 2021?  Tutty thinks it would be a good idea.  Under Illinois ethics statutes no legislator should "engage in conduct which is unbecoming of a legislator or which constitutes a breach of the public trust."  Tutty believes that accusing your constituents of being criminals based upon hearsay, unverified and unsubstantiated complaints is behavior unbecoming to the offices of Representative Chesney and Senator Stewart.

As for State's Attorney Carl Larson, when the events of election day are taken as a whole, and based upon only what we know from public utterances, it would seem State's Attorney Larson has an awful strong personal interest in promulgating the narrative pushed by the Chairman of the Stephenson County Republican Central Committee.  It would be interesting for an investigation to discover how much and the exact nature of the two gentlemen's communications throughout the chronological time frame contained herein.

Freeport voters deserve to know just how much hijinks went on and how much of it was perpetrated by elected officials allegedly sworn to uphold a higher standard.

As always, yours in honesty, Tutty Baker
tutty.baker@gmail.com