Mayor Blasts Legal Report for Ignoring Federal Criminal Investigation
Mayor Dave Heilmann charges that Godfrey and Kahn attorney Eric Wilson ignored federal criminal grand jury subpoena because of relationship to Trustee Tom Phelan, a former college fraternity brother. Read the federal subpoena.
Oak Lawn’s new “best seller” – the Godfrey and Kahn report – is apparently missing an important chapter, according to Mayor Dave Heilmann.
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Voicing his frustration with the “one-sidedness” of the Wisconsin-based law firm’s probe into the former village attorney now known as Tressler LLP, Heilmann blasted Godfrey and Kahn attorney Eric Wilson’s omission of a federal grand jury subpoena.
Read the mayor's timeline and the federal grand jury subpeona.
Godfrey and Kahn was hired by the village in May 2011, to look into the findings into alleged overbillings and botched litigation of Tressler by attorney Burt Odelson, who maintained that missteps by the former village attorney possibly cost Oak Lawn taxpayers millions of dollars.
Because of Wilson’s relationship with Oak Lawn Trustee Tom Phelan (Dist. 6)—both were in the same college fraternity at the University of Illinois—any hope for an independent investigation was prejudiced from the start, the mayor eluded.
The mayor and Phelan are both up for re-election in April 2013.
As reported by Patch in August 2011, the village was served with a federal subpoena requesting all records and email into the hiring of Querrey and Harrow, the firm who replaced Tressler in 2009.
Village Clerk Jane Quinlan signed for it on June 24, 2011, although some village board members, including the mayor, said they weren’t made aware of its existence for six weeks.
“Why would you give a record to a board member’s fraternity brother and not the mayor,” Heilmann said. “You can’t keep something like this from the board. I sat in a meeting for four hours with Eric Wilson in [July 2011], and at no time did he ever mention that he was hired to defend a criminal subpoena.”
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Heilmann laid out his case publicly for the first time in a blistering, 13-page press release, that included a copy of the federal subpoena and a timeline of the period probed by the Godfrey and Kahn attorney.
The mayor also states that Wilson did not disclose to the village that he and Phelan were fraternity brothers “until he had incurred tens of thousands of dollars in legal fees five weeks into the investigation.”
According to Heilmann’s timeline, the whole mess started in May 2009, when: “Just weeks before Querrey was hired, Trustee Tim Phelan wrote in an email that he wanted to give legal work to his friend Mike Stillman, the managing partner at Querrey because Mike had helped him ‘personally and professionally.’”
At that time, Stillman was president of the Dist. 218 school board for most of 2008, which includes Richards High School. Heilmann said that two members of Phelan’s family were hired at Dist. 218 in 2008, the mayor’s press release said.
Phelan said that his wife had applied three times at Dist. 218 going back to 2004, and was not hired despite Stillman being on the D218 school board. D218 Superintendent John Byrne hired his wife in early 2009, after Stillman had resigned from the school board the previous fall to join the Worth Township Board.
“Her job is part-time [seasonal] and grant-funded,” Phelan said in an email. “At least twice since she got the job she received a letter staying the position might be eliminated due to funding problems."
“After paying for my son’s daycare, my wife netted about $11 per hour,” Phelan added.
Heilmann charged that on Sunday, June 28, 2009, Phelan send an email to the village manager at “5:45 a.m. telling him to meet with Mike Stillman that day at Roseangelo’s restaurant in Evergreen Park.”
According to Heilmann’s timeline, phone records show 900 calls between Phelan and Mike Stillman, nearly every day, in the six weeks leading up to Stillman’s hiring as the new village attorney.”
"It's clear form the email in May [Phelan] felt obligated to give someone something," Heilmann said. "All these deinals, phone records, a 5:45 a.m. Sunday meeting outside the village? How could that be on the up and up. I don't know if that record was turned over to the FBI."
Heilmann claims that “Wilson knew of Phelan’s email setting up the secret meeting and all emails showing Phelan behind the Stillman hiring because Wilson had to review these to respond the FBI subpoena.”
“Any objective attorney would have informed its client that the legal investigation could not ignore the related criminal matter,” the mayor added, “especially when the lead investigating attorney was subject to bias by being the fraternity bother of a sitting trustee possibly under criminal investigation.”
Phelan has denied the mayor’s claims, casting them in a different light, stating that he had recommended Stillman for a specific police brutality case that he believed Tressler bungled.
“I said as much to Tressler in the executive session where they were recommending a six-figure settlement after generating six-figures in legal fees,” Phelan said.
The mayor informed Phelan that he had a conversation with Stillman about the police brutality case because “Heilmann told me he was golfing in New York when the talked to Stillman about it.”
Heilmann said he tried to warn his former Unity Party slate mates that if they proceeded with the hiring of Querrey and Harrow “not to do it because it could be criminal.”
Will the Godfrey and Kahn Report influence your vote for specific village board candidates in the April 2013 election? Tell us in the comments.
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Xmas morning
9:06 am on Monday, September 24, 2012
Holy cow....this article is the best present Andy ever got. Thanks patch for giving Andy something to do this week. Go ahead Andy have a blast, blog away. Best Day Ever !!!!!
Rich
9:31 am on Monday, September 24, 2012
What really gets to the mayor, is Phelen beat him at his own game and seems to have got away with it. We { the people } really need to make a change in the Oak Lawn governing body. These wanna be big time politicians are too busy fighting each other and covering their butts to care about a needed street sign or any local issues that need to be addressed.
SmallManBigWoman
10:13 am on Monday, September 24, 2012
The only one who wins are the lawyers. A lawyer's answer to anything is more lawyers. The sooner we can vote this lawyer out of office the better.
Grunty
10:17 am on Monday, September 24, 2012
A real issue I have here is official village business and communications being conducted on email systems outside the control of the village IT infrastructure. There is no reason for village business to be conducted on an aol account, an sbc account, or a private domain account. These accounts are often shared, and confidential information being read not just by family members, but a family members friend who might use this computer.
The controls in place on a personal residential account are in no way up to the industry standards of a properly secured business email account. Anyone working for the village, conducting business electronicly, should be signing a computer usage policy that states that they will only conduct village business, and ONLY village business, using the systems provided by the village.
o'toma binlyin
10:58 am on Monday, September 24, 2012
Grunty< some village officials don't have to follow rules because they're special.. you should feel graced by their presence and thankful for their garbage <
Pat F
11:04 am on Monday, September 24, 2012
What a waste of our money and everyone's time..Everyone knows family and friends get jobs as each group of people work through their term. If it's legal just tell us and most of the time the people are very capable of doing these jobs. This all starts when the politicians hide everything! We may not all be college graduates, but we are not all Stupid. Anyone can see this has always been the way business is done. This may not be right but it happens. Your campaigns should be built on honesty and transparency. The person who just tells it like it is and wants to help the community should get our vote..
Jim Vondracek
11:43 am on Monday, September 24, 2012
Thanks for this article, Lorraine. Will Patch be making the Mayor's press release available?
Jim Vondracek
1:01 pm on Monday, September 24, 2012
Never mind, I see it now : ) Again, thanks for this article.
Simon Bling
12:05 pm on Monday, September 24, 2012
Does Godfrey and Kahn have anything to do with the subpoena? Why would they comment on it?
QC
4:27 pm on Monday, September 24, 2012
Simon
It seems G&K are handling it. Go figure, huh?
http://oaklawn.patch.com/articles/exclusive-oak-lawn-served-with-federal-grand-jury-subpoena
Brad
5:33 pm on Monday, September 24, 2012
This looks to be a campaign flyer in the making. I see a lot of misdirection to cloud the facts. Godfrey was hired to investigate Chianti, Tressler, overbilling and possible interference by the mayor. Why would they comment or discuss other issues? Why didn't they investigate the fall on the green audit too? Because they were hired to investigate the above, not all village business. Can you imagine what that bill would be if they were hired to look at everything?!
thats WHY
8:53 pm on Tuesday, September 25, 2012
I sat in a meeting for four hours with Eric Wilson in [July 2011], and at no time did he ever mention that he was hired to defend a criminal subpoena.”
Dist2Curious
12:18 pm on Monday, September 24, 2012
Dr. Bury and many others are asking for transparency in government. Be careful what you wish for. The question is if EVERYBODY involved can advocate for a transparent look at what EVERYBODY did here. That includes the mayor, the manager and the trustees. Let's see everything that's out there. Transparent is as transparent does.
The recap seems to be that Odelson gets 25K to launch the initial "investigation" into Tressler's overbilling. Phelan's frat buddy's firm gets 450K to collect 500K for Tressler's overbilling. Before the board spends away another dime, the taxpayers may be up 25K from all that. Great work there across the board. Efficient use of time and taxpayer resources. Nice.
The winners? Tressler, Querrey & Harrow, Odelson and Godfrey & Kahn. The losers? All of us who pay taxes to support this circus.
And, while The Patch is talking about friends helping friends, doesn't anybody find it curious that Stillman is now a partner or something at Odelson's firm? Small world.
"Character is doing the right thing when nobody's looking. There are too many people who think that the only thing that's right is to get by, and the only thing that's wrong is to get caught." ~J.C. Watts
District 666 Resident
12:27 pm on Monday, September 24, 2012
Nobody wins. Everybody is bloodied when guns are pointed at each other. Phelan shoots, the Mayor retaliates. blah blah blah
Brad
5:25 pm on Monday, September 24, 2012
I thought Phelan explained himself very clearly in his email rebuttal in part four of the report. And in my opinion you cannot compare Tressler to Querrey. Querrey did their job, whereas Tressler certainly did not, and overbilled the village as well!
To me the mayor looks really bad by attacking like this. Focusing on the "frat" brother? That report was very thorough and well done I thought. And Godfrey seems like the first law firm for Oak Lawn that appears to know what they are doing.
But one thing I do not know is who are the village attorneys now?
OakLawn DESERVES THE REAL TRUTH
11:01 am on Tuesday, September 25, 2012
Really Brad?lol I feel that Phelan tripped over himself with that particular e-mail. The trustee from 6 did his usual song and dance routine thiking he's being a Bad A and all around cool guy flexing his head muscle. How do you know that Qeery and Harrow did their job? There contract wasn't re-newed by the trustees.You also say that Godfrey and Kahn are the first law firm for Oak Lawn that appears to know what they are doing. What? These law firms are ALL politically connected to a big shot in Springfield. Do your homework.
Brad
1:03 pm on Tuesday, September 25, 2012
OakLawn DTRT I didn't see the email that way at all. I definitely read frustration. And it seems to me that achange in attorneys was needed asap considering all the issues with the current ones. But when it was time for renewal, everyone including Phelan agreed it best to take their time to make the decision, get other bids etc.. Certainly doesn't see the same as Heilman's blind loyalty to Tressler. The fact that Heilman recommended them in the first place is not that bad to me. But his loyalty to them, and aid in covering up their gaffes, is what really looks bad. Once the overbilling and poor service was realized, he should have cut them loose for the betterment of the village, yet he stood by them instead of us taxpayers. And you are correct, I do not know if Queerey did their job. But I have not heard anyone say they didn't. You also confuse me with your statement about Godfrey. Tressler has been proven to have screwed up. Queerey's ability has been questioned by Heilman, yet there hasn't been any examples that they didn't do their job. Who has questioned Godfrey's credentials? And what is the basis for it? Reading that entire report, they seemed to me to be on top of the task they were hired for. The frat brother thing to me is just a way to discredit and muddy the waters in the investigation against Tressler. And again, who are the attorneys now?
central island
6:07 pm on Monday, September 24, 2012
Phelan,
Lie #1: Your spouse worked for District 218 in April 2008. You put out an e-mail with Mike Stillman's color photo saying what a great job he did as D-218 president (in January 2008). It was just about the time the market crashed, and that was the return favor (a job for your family)
Lie #2: District 218 applications are kept online. No record of any process was followed by the school district human resources. It was clearly political.
Lie #3: you were well aware of any legal overspending prior to 2009. Phelan chose to ignore it until after the election. Partly because of Jerry Hurckes and the fear of his coalition.
Darryl
6:51 pm on Monday, September 24, 2012
My suggestion are they are both gone, enough is enough. Why do we even accept this Oak Lawn has gone down since they have been office. I am wrong?
REALLY!!!
vote
9:41 pm on Monday, September 24, 2012
Deflect and blame Deflect and blame That's Dave's answer to everything. Hey Dave how is the investigation going?? If the FBI had something they would have mad arrests by now doesn't take a year and a half if it was as bad a you say Davey. I do know your law firm buddies that you hired were investigated and did pay the village $500.000 dollars in a settlement and you didn't look too good in that report.
Jim Vondracek
10:00 pm on Monday, September 24, 2012
One of the biggest problems with our political life is the lack of civility. In my opinion, it demeans our democracy when people call Gov. Romney "Mittens " or the President "Barry." Calling the Mayor "Davey" drags the conversation down into triviality and mindless partisan noise.
anthony
3:09 pm on Tuesday, September 25, 2012
The idea that outsiders were brought in over Phelan is a joke...
Cathy
3:36 pm on Friday, September 28, 2012
I don't live in Oak Lawn any longer, and after reading all of the things that have gone on, I'm glad. I say all the time, politicians lie and tell you what you want to hear, while going behind your back and doing what they want in the first place....getting the best of the worst is usually the best you can hope for.
It seems to me that if the residents of Oak Lawn want to end this particular nightmare, they would be smart and elect a completely new group to run their village. Unfotunately, all currently in office are tainted by this farce.
o'toma binlyin
5:15 pm on Saturday, September 29, 2012
>Oh Brad FYI
>Johnson Peterson Murray SP replaces Querrey and Harrow as village attorney effective immediately.
"We did not hire Mr. Querrey or Mr. Harrow,” Deetjen said. ha ha good one Lar,. “We hired personnel we thought could do the job … They’ve done an outstanding job.” I am so proud of Larry. He actually said this with a straight face
Translation: We hired Paul O'Grady? What? O'Grady worked for Queery and Harrow ,hmmm, and His NOW Law Firm?<
>O’Grady will become the managing director of Johnson Peterson Murray’s Chicago office, which is expanding into Illinois. The legal team that handled all of Oak Lawn’s governmental work will remain intact and follow O’Grady to the new firm.<
vote
9:53 pm on Saturday, September 29, 2012
Where do you come up with this stuff?? Spy novels?? You know a bit too much for just a John Q. Public blogger
o'toma binlyin
12:58 am on Sunday, September 30, 2012
Oh vote, FYI < I've been following Your story for awhile now. Not looking too good in those documents, but the attacks are bringing you up to my speed.
Keep fanning the flames Jr<
http://oaklawn.patch.com/articles/village-changes-legal-counsel