THE BLADE: Oak Lawn Legal Investigation Through the Ages
Sensationalist commentary written by a real person who lives here.
I know this will come as a shock to many of you, but the Village of Oak Lawn has denied my freedom of information act request for a copy of the Godfrey and Kahn report.
You know which report I’m talking about: the reinvestigation of the investigation of the former village attorney now known as Tressler LLP, originally undertaken by attorney Burt Odelson.
The report that Oak Lawn taxpayers paid $453,000 for and were promised they’d get to read after the last “i” was dotted and “t” crossed.
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Tressler was fired as the village attorney in September 2009 after some Oak Lawn trustees expressed concern when the village’s legal fees tripled—even though they had approved paying those bills.
Unfortunately for residents a confidentiality agreement was hammered out as part of the terms in accepting a $500,000 settlement from the former village attorney—which the Oak Lawn Village Board also unanimously approved.
With all the new friendships being forged on the village board lately, Patch thought it would be helpful to bring everyone up to speed by revisiting some past stories:
Trustee Bob Streit (Dist. 3), sharing his thoughts after hearing the Odelson Report in executive session in April 2011: “In my 20 years on the board, I have never seen anything like it. It’s worse than I expected. Clearly evidence was presented in the report that indicated a misrepresentation by the law firm and gross mismanagement of the legal team that went to the highest level of village government.”
Mayor Dave Heilmann, responding to charges that he had dragged his feet in firing Tressler because “he had friends there”: “I do know a guy at Tressler. I’ve known him my whole life. He’s someone I talk to every five years.”
Trustee Streit on the “gross mismanagement” of the village legal team from 2005 to 2009: “I think they already know that the mayor brought in his friends to serve as lawyers for the village. Unfortunately, the taxpayers paid dearly for it.”
Mayor Heilmann, answering why he didn’t show up at the special board meeting to review the Odelson Report in April 2011: “I spoke to [Trustee] Carol Quinlan, and my understanding is that it was an all-out attack on me. All this is are trustees using Burt Odelson to attack the mayor, which is an illegal use of public funds.”
About all we know about the Godfrey and Kahn report is that it’s four inches thick. It contains “observations” about the mayor’s attorney friend and community theater partner who is described in the Odelson Report as the “gatekeeper” to the alleged Tressler money train. A person that the mayor said was exonerated of misconduct by Godfrey and Kahn, yet still appears in the final report in an unflattering light.
Trustee Tom Phelan (Dist. 6) offers a glimpse of the legal report prepared by his former fraternity brother in his July 10 constituents’ newsletter (put me back on your list, bro).
Phelan attributes “duplicate and erroneous” payments to Tressler that resulted in $2,359,083 in underreported legal fees over a period of years which were spread across residents’ property taxes.
“These are the same board members who have been fighting since the [April 2012] settlement to prevent the attorneys who did the investigation from completing a report of their findings for the Board," Phelan says in his newsletter, "… who out of spite and retribution, instead contrive a ‘scandal’ involving the village’s Fall on the Green festival … that I have been intimately involved with since first being elected in 2005.”
The mayor says that he “personally has no apprehension” of anything that might be said about him in the report. Other village board members are free to call Godfrey and Kahn and “ask questions.”
“I never heard of a situation where after a case has settled spending thousands of dollars for someone to prepare a report that is of no benefit or seeking a claim against anyone,” Heilmann said, a practicing attorney. “For some mysterious reason [Godfrey and Kahn] is doing up another report up of up to $25,000.”
“You have a fraternity brother of a village board member preparing the report,” the mayor continued. “Anything prepared there’s going to be questions.”
DJ Sartorio, managing partner at Tressler LLP, would not answer questions on the advice of the firm’s counsel on whether Tressler was in control of FOIA requests, or if all this talk of “duplicate and erroneous payments” and “observations” violated the confidentiality agreement.
Sartorio vehemently defended his firm last year when the allegations of malpractice and overbillings in the Odelson Report “came out of left field for us.”
“As much as we’re caught in the middle, we actually feel that citizens of Oak Lawn are caught in the middle too,” Sartorio told Patch last year. “That’s particularly unfortunate because they are very good people.”
If that’s the case, than why can’t the Oak Lawn taxpayers read the report?
Sandra Bury
6:32 am on Wednesday, July 18, 2012
As another resident and taxpayer whose Freedom of Information Act request was denied, I am outraged.
Who are these elected officials representing? Their own interests or the interests of the taxpayers? Do they understand that closed room deals and confidentiality clauses speak volumes even before the report is released? Do they know how hard the taxpayers work for their money and that they will not stand any longer for being the piggy bank without limit?
People have had enough. The Oak Lawn Board of Trustees needs to do the right thing and unanimously vote to release this report immediately.
I will personally fight my FOIA denial to the highest level. The voice of the people will not take a back seat to the hushed voices of certain elected officials in closed session who are for some reason fearful of the truth. The people have a right to know what their elected officials are up to and why millions of dollars were spent inappropriately.
Oak Lawn just isn't that rich that this will go unchecked. Mayor Heilmann, furthermore, taxpayers in Oak Lawn aren't so stupified by these maneuverings that they will just say, "Oh the report is confidential? Never mind, I trust you."
People see these vulgar legal shenanigans for what they are: A disgraceful and insulting ploy, born out of the arrogant assumption that the rights of the taxpayers are secondary to the personal comfort of certain elected officials.
The report will see light of day.
District 666 Resident
10:09 am on Wednesday, July 18, 2012
Such Venom. Sowing leadership by urging the board to break the agreement and pay a $50,000 fine. Such agressive no holds barred thinking. That's just what we need running the village of Oak Lawn.... NOT!
The board voted to accept a settlement that included a confidentiality clause. My guess is that the settlement would not have occurred if the board didn't accept the confidentiality clause. Now you want to stick the taxpayers with a $50,000 penalty?
It seems pretty clear that the board cut its losses in this matter after spending $430,000 on Trustee Tommy Boy's frat buddy. Imagine if this dog case had gone to trial. The village would have been on the hook for millions in legal fees because tommy boy wanted to get the mayor. If there was wrongdoing by tressler or the mayor, which you seem to insinutate, the frat buddy attorney would have been bound by ethical rules to report the wrongdoing.
Whhat is the point with your constant posts on every story? None of it seems fair because you only seem willing to attack people who are not your allies (who voted to keep the report confidential). It seems like a lot to do about nothing. Much like your campaign......yuk yuk
Sandra Bury
10:56 am on Wednesday, July 18, 2012
District 666 Resident: Please help me out. Exactly why are you supportive of a confidential agreement, crafted behind closed doors which is derived to conceal the truth about elected officials from taxpayers? Why aren't you in the slightest bit concerned about "$2,359,083" in misspent taxpayer dollars?
Your only question when presented with these facts is, "Whhat is the point with your constant posts on every story?" Seriously?
Consider what could be done around Oak Lawn for $2,359,032.00. Programs for kids? Seniors? Extra cops to fight gangs? Seed money for business development? Is there a sane person around who would think the best use for that kind of taxpayer investment is to line the pockets of lawyers who are friends of Mayor Heilmann?
It’s simply horrifying what has happened. All the personal attacks, school yard name calling and smear campaigns will not change the facts. This is not one argument you can make that this is good for Oak Lawn.
I’d encourage you to spend some time talking to seniors who are living frugally so that they can keep their head above water. They skimp on food. They skimp on medicine. They don’t buy things they need. What they will always do is pay their taxes. And proudly.
And what has been done with those tax dollars? That public trust? This kind of spending? And then they want their deeds hidden?
The report will see light of day.
fred wiese
11:24 am on Wednesday, July 18, 2012
SB, I understand your point but how do you break a; Definition of 'Confidentiality Agreement'
A legal agreement between two or more parties that is used to signify that a confidential relationship exists between the parties. A confidentiality agreement is used in strategic meetings where various parties become privy to sensitive corporate information, which should not be made available to the general public or to various competitors.
JR
4:06 pm on Wednesday, July 18, 2012
Fred,
What we have here is not "sensitive corporate information", at least from the perspective of the Oak Lawn taxpayers. What is being kept confidential under this agreement could potentially be criminal acts and/or misappropriation of public funds. We have a right to hear the truth.
fred wiese
5:22 pm on Wednesday, July 18, 2012
JR, How about petitioning the signers of the agreement to void the settlement. Maybe then whomever wants to review it can look it over. In April it can put on the ballot and the voters can decide to accept or reject the settlement. Now our rights will be intact.
QC
7:48 pm on Wednesday, July 18, 2012
#1 Doesn't janie give the Yea or Nay for the FOIAs?
#2 “You can torture numbers to make them say anything you want,” Phelan said. Patch Brunswick zone 6-16-11
Lost all credibility in.... well, forever.
QC
7:57 pm on Wednesday, July 18, 2012
“You can torture numbers to make them say anything you want,” Phelan said. Patch Brunswick zone 6-16-11
Sandra Bury
4:41 am on Thursday, July 19, 2012
Fred: If you read the confidentiality agreement (find it on Patch) you will see the stated purpose for it is "to prevent the release of false or misleading information." A child can tell you the best way to do that is not to keep the truth hidden, but to make it visible, on public record and in writing. The worst way to do that is to keep it hidden.
Don't forget Fred, your elected officials work for you. Or should work for you. They are representing you. You are footing the bills. You are part of the equation. They cannot lock you out. Any business arrangement or use of taxpayer dollars should be transparent to you. This is what the Freedom of Information Act is founded on, and it is a wonderful thing.
This gives you the taxpayer the tools you need to make the best decisions when you do your civic duty and vote. With free access to information, the citizens can do their job. Cut off access to this type of information and you as a voter are deprived of essential facts you need.
If the board should petition Tressler to release it, and Tressler concurs, there should be no fees if all parties agree.
I'll give Mayor Heilmann the benefit of the doubt for a moment and assume he didn't realize how this would inflame the residents of Oak Lawn. If that was the case and he truly cares, he still has an opportunity to do the right thing and petition for the immediate release of this report.
Again, does he have the character to do what is right for Oak Lawn?
Sandra Bury
4:48 am on Thursday, July 19, 2012
QC: Clerk Jane Quinlan is a FOIA officer from Oak Lawn. Her duty is to make sure that responses are received, heard and processed. She does that perfectly, as do the other FOIA officers at Village Hall. The decisions on the FOIA requests come from either village attorneys or, in this case, Tressler. As far as your comment that you can juggle numbers and have them say anything, releasing the report will remove any speculation from people's minds.
The report will see light of day.
District 666 Resident
9:38 am on Thursday, July 19, 2012
Sandra,
You asked why I am supportive of a confidentiality agreement. When did I say I support such an agreeement? The village entered into the agreement and I am for the village keeping its word and not acting like a spoiled child and "changing" its collective mind. We've elected these people and they voted to keep the report confidential. How do you square the idea of wasting another $50,000 on top of the $430,000 spent on the frat boy report?
Furthermore you site the number ($2,359,032.00) as being "misspent". The village settled for $500,000 so that ship of made up claims has sailed long ago. If the village could confidently push its claim for that amount forward, it would have but it chose to settle for a reasonable number. By the way, I thought Phelan once said it was $15 million. Are you now in agreement that he isn't good with numbers?
Robein McMahon
8:04 am on Wednesday, July 18, 2012
Lorraine, why were you taken off the e-mail updates by Trustee Tom Phelan?
QC
8:02 pm on Wednesday, July 18, 2012
Tom Does Not share well with others. Especially Others that He Feels have slighted him in Any Way. Ergo, The VIP Tent tickets.
andy skoundrianos
11:42 am on Wednesday, July 18, 2012
Tressler is the firm handling the FOIA requests, My request was denied as well.
JR
3:59 pm on Wednesday, July 18, 2012
Is there any way to seek a court order to force the Village and Tressler to comply with a FIOA request?
Also, my vote (like that would ever happen) would be to incur the $50K penalty so that the taxpayers in Oak Lawn could get some insight into this whole mess.
tmarc75
4:16 pm on Wednesday, July 18, 2012
I have to agree, $50K seems like a drop in the bucket compared to all of the money that was wasted for no answers.
Sandra Bury
5:25 am on Thursday, July 19, 2012
JR: I am fighting this FOIA denial to the fullest extent of the law and the people will win.
Oak Lawn Homegirl
4:37 pm on Wednesday, July 18, 2012
As District 666 stated above, if there was any sign of illegal activity any and all laywers are required to file a report or face charges to themselves and potential disbarrment. Can't imagine any attorney (including Heilman) who would be willing to risk a career under this or any circumstances. You are chasing a dog that just won't hunt. Time to move on folks. This is getting old and expensive. Using Dr. Bury's argument, spend $50K on the Seniors instead.
Oak Lawn Gal
1:07 pm on Thursday, July 19, 2012
Yes this is certainly beating a dead horse. When 2 parties enter a settlement and include a confidentiality agreement they can't do anything to break that agreement or the settlement can be nullified with possible penalties.
O.L. Taxpayer
8:37 pm on Wednesday, July 18, 2012
Why don't we use the funds that Trustee Streit is going to waste on a forensic account of fall on the green and use it to violate the confidentiality agreement? Seems like a better use of funds huh? I can do a report of fall on the green for you right now. Phelan and Alex did something wrong. They will never be punished for it. Done and I just saved us in excess of 20,000 dollars, was that so hard Bob?
Dave W.
9:42 pm on Wednesday, July 18, 2012
The only dispute I would have with this would not be the wate of money if you are right and it really costs $20,ooo to do the audit...my concern is that if..BIG IF, but if somebody, anybody did stuff wrong, they should be fired, or elected to office, we the taxpayers should know about it so we have the option of UNelecting them. Because IF they are guilty of doing this stuff, (whatever it MIGHT turn out to be), who knows the actual cost to us, the Oak Lawn taxpayer? What if it is $10,ooo a year? Over five, six, eight years? More than covers an audit, and bad people are exposed and possibly out of office. Of course, if nothing is found, we might feel a little ripped, but really, $20,ooo to know that we AREN'T being pillaged would almost be a relief in this town at this point.
wate of money
8:10 am on Thursday, July 19, 2012
Dave W: really you'd spend 20k on a big "IF" to check a "wate of money "????Easy to authorize spending in 20k if the money isn't yours. You really should be elected to something since you have no qualms about spending.
Dave W.
1:54 pm on Thursday, July 19, 2012
A couple of things...wate of money. You were in such a hurry making your fake profile just to bash on me that you didn't even spell your own fake name right. So maybe work on that next time...also, is it really a waSte of money if they uncover wrongdoing and monetary mismanagement? It actually IS (a tiny bit) my money, since I pay taxes in Oak Lawn all the time. Property taxes, every store I go into...(I try to shop in town every chance I get...), window stickers...
Do YOU know how much is missing? (I say IF because unlike many people on this board, on all sides, I still think everybody, on all sides, deserves the benefit of at least SOME doubt until they are proven guilty...) What price is it you put on having a non-corrupt town? Even if the actual amount is say...$5000...wouldn't you want to know? So that whoever is at fault can be brought to at leat responsiblity...at least be voted out of office if nothing else? Also, on the other hand...what if it proves that there really was NOTHING? Shouldn't those people be vindicated? Wouldn't YOU want to be if it were you?
Does it suck that we the taxpayers (I presume you to be one) are stuck with having to pay for such things? Yes, but it is more irritating in principle than even the money...if it was $100 it would be sad that we have to spend it on this instead of ANYTHING else. Your shortsighted attack does nothing to solve the problems, and would infact only help to cover them up. Unless that is what you really want.
Sandy Callahan
6:54 am on Friday, July 20, 2012
http://southtownstar.suntimes.com/13860109-522/oak-lawn-treasurer-rips-call-for-forensic-audit-of-fest.html and http://www.mcgoverngreene.com/specialists/mcgovern.html
Sandra Bury
5:20 am on Thursday, July 19, 2012
Oh and one more thing. Mayor Heilmann is quoted above as saying: "“I never heard of a situation where after a case has settled spending thousands of dollars for someone to prepare a report that is of no benefit or seeking a claim against anyone... For some mysterious reason [Godfrey and Kahn] is doing up another report up of up to $25,000.”
Mysterious reason? Mayor Heilmann that report and its presentation in executive session was agreed to by all parties in the settlement agreement. It's in writing. You are not being truthful when you appear surprised by this. What you should be truthful about also is how you appear have worked non-stop to conceal the report from the public, delay the presentation of the report as contractually agreed by all parties and now try to spin it as some new expense to sway public opinion.
You are losing your moral authority to lead this community Mayor Heilmann. Exactly whose interests do you represent? The taxpayers who elected you or the interests of you and your friends?
The report will be known and seen by all.
BUZZ LIGHTYEAR
7:33 am on Thursday, July 19, 2012
TO INFINITY AND BEYOND!!!!
Homegrown in OL
11:59 pm on Saturday, July 21, 2012
You should call Lisa Madigan... FOIA law states:
Public records cannot be withheld from disclosure under
subsection 7(1)(a) simply because the parties agree to a "gag order" and that order is entered by a court. Carbondale Convention Center v. City of Carbondale, 245 Ill. App. 3d 474, 477 (5th Dist.1993).
(5 ILCS 140/8) (from Ch. 116, par. 208)
Sec. 8. If any public record that is exempt from disclosure under Section 7 of this Act contains any material which is not exempt, the public body shall delete the information which is exempt and make the remaining information available for inspection and copying.
Where the denial is from the head of a municipality or other public body, except as
provided in subsection (b) of this Section, suit may be filed in the circuit court for the county where the public body is located.
Homegrown in OL
12:07 am on Sunday, July 22, 2012
The Circuit Court will then review the report to see if any exceptions apply that should be redacted. One would hope that if anything inappropriate has occurred the Circuit Court would notice..
Sandra Bury
5:36 am on Sunday, July 22, 2012
Thanks Homegrown in OL - I have no doubt this confidentiality agreement will not stand when challenged. The desires of elected officials to keep closed door deals quiet will not override the taxpayers right to know if their elected officials represent them or the interests of themselves or friends. The truth will be known.
OakLawnGuy
9:38 am on Sunday, July 22, 2012
To a point I made in another comment section, this agreement will stand if someone with power wants it to stand. And while the Speaker Madigan influence is most likely not succintly evident in the agreement I'm sure, it casts a wide shadow. Please refer to http://articles.chicagotribune.com/2010-06-27/news/ct-met-oak-lawn-mjm-20100626_1_trustee-bob-streit-village-trustee-village-attorney.
Grunty
10:06 am on Thursday, July 19, 2012
What does everyone expect to find hidden in this report? If anything at all, it shows that there was incorrect billing by the former legal firm and its specfics, however it is not going to say something like "The mayor told us to overbill the village" or something like that.
There is nothing to continue to spend our energy on here. Frankly, let me ask this question of all of you:
If the report is released, and it paints the mayor as having absolutely nothing to do with the overbilling, will any of you that dislike the mayor suddenly change your position on him? No you will all still contend that its all his fault and they hid something from us.
If the report is released and it shows that the mayor did infact have something to do with the overbilling, are you suddenly going to hate him more? Do any of you think that the people that support the mayor will suddenly start disliking him? Anyone who already supports the mayor and pays attention to this sort of stuff will just explain away the issue as political pandering.
Nothing changes by getting our hands on this report other then another legal battle or depending on what is written in the settlement, a fine that reverses the entire settlement and causes the village to end up paying a fine for damages or some crap like that.
OakLawnGuy
10:28 am on Thursday, July 19, 2012
I can pretty much tell from the comments what people expect to find. What I would expect are items that are not going to reflect positive light on several members of the Board, if not each and every one of them. I find it a little unfair to target only Mr. Heilmann as "The Crook" in all of this; commenters can hammer any of the officials regarding the release of the report but choose to zero in on The Mayor. Well, then again, that says what those commenters expect to find. Anyway, I'm far from an expert on FOIA and the process itself as it relates to this report, and the efforts to get it release, make the whole situation curiouser and curiouser. So - now I'm curious.
Sandra Bury
10:44 am on Thursday, July 19, 2012
"Nothing changes by getting our hands on this report" - Um. Then why are certain elected officials still working so hard to conceal the truth? They have seen it. They are still stalling and fighting to keep it hidden. Do they think nothing changes?
Yes, it's time to move on. It's like a beautiful baby with an unbelievably stinky diaper. It fills you with dread and stinks so that you get the dry heaves, but you know the baby needs it changed so you hold your nose and get to work.
That's what I'm doing. The people will know the truth.
Oak Lawn Gal
1:15 pm on Thursday, July 19, 2012
OLG it wouldn't surprise me that it's possible there are quite a few dirty hands involved in this. But this is an election year and some re trying to make this an issue where the mayor is the devil and all others are pure as the driven snow. Would I like to read the report? Sure. Do I expect any illegalities in there? No - nothing you could prosecute anyone for, As someone else pointed out lawyers are officers of the court and if they see evidence of a crime they have to report it or risk disbarment. Confidentiality agreements re very common in the case of settlements. I worked for a company once where I saw several NDAs crafted and the penalties are usually severe. But again there's an election coming up so this will be used as political fodder.
OakLawnGuy
1:29 pm on Thursday, July 19, 2012
Political motivations? Perish the thought! Wait....just joking. Yep, the realignment of board members, indeed perhaps the genesis of this whole investigation, has politics stamped all over it.
Grunty
3:19 pm on Thursday, July 19, 2012
@Sandra Bury, I explained why they would chose to keep it hidden in my post.
As far as your analogy goes. The baby's diaper was changed. What instead your asking for is to put the dirty diaper back on to the baby after its already been taken off to prove that the diaper does in fact have crap in it.
Sandra Bury
11:32 pm on Thursday, July 19, 2012
Grunty, you're mistaken if you think that my motivation is hate. My motivation is love. I love this community and the terrific folks who live here. I have no patience for elected officials who put their selfish interests first, and then contrive convoluted ways to conceal the truth from the very people they work for. It's wrong in every way you look at it and I'm sure a judge will agree.
Blind mice
11:04 am on Thursday, July 19, 2012
There's nothing criminal in the report. Suspects would be arrested Blago style. It ain't happening. Sandra wants the report to smear Dave at election time, nothing else. GettIng my next pair of glasses at American vision on Cicero. Advise all others to do same. Doc Bury will disappear back into in the woodwork after she gets beaten like a drum in the election. Only chance to win if she goes for trustee. Alex ain't hat dumb to give 2 up because he know Dave will win easily.
Blind mice
11:08 am on Thursday, July 19, 2012
There might be some rebukes for Dave in the report, but he won't be the only one tom's frat brother takes shots at. I'd like to see report also, but the board voted unanimously to the confidentiality agreement. Why would they do that and then reverse course as Doc Bury and her cohort Andy want? Doc Bury will fade after election. Andy ilwill stuck around. He's got nothing else to do with his life.
Oak Lawn Homegirl
12:35 pm on Thursday, July 19, 2012
Did any of you consider the possibility that the person being protected by the confidentiality agreement might not have anything at all to do with the village and rather the employment practices of individuals at the firm. You have no idea whether the village or the law firm made the request only that it was agreed upon. Again, give it up already. Don't we have something more productive to do like bring business to Oak Lawn? All this talk of conspiracy (I laugh out loud at the thought!) is doing nothing to help make our village more attractive to businesses and homeowners. Enough!!!
Grunty
3:21 pm on Thursday, July 19, 2012
This is exactly what I'm talking about. The confidentiality is most likely to protect the law firm, not the village officials....
mousygarner
10:35 pm on Thursday, July 19, 2012
If Phelan was Mayor you would be beating down the village hall doors to release the report. You claim Phelan has a frat brother( untrue ) on Godfrey and Kahn,but say nothing of the Mayor's admitted buddies at tressler. Who are the ones the report is on and did pay the village $450,000 for something. Let freedom ring!!!
STM
1:53 pm on Thursday, July 19, 2012
Boy, doesn't anyone work in Oak Lawn? I see all people do is sit at the computer all day and write comments about absurd things.
anthony
10:40 pm on Thursday, July 19, 2012
Good Point Enough typing.. Someone should start a petition to demand a forensic audit