Official Misconduct: defined

 

by:  Diane Benjamin
The people pledged to preserve, protect, and defend the Constitution of both the United States and Illinois evidently haven't read it.  Here's a reminder:
 
 (720 ILCS 5/33-3) (from Ch. 38, par. 33-3) 
    Sec. 33-3. Official Misconduct.) A public officer or employee or special government agent commits misconduct when, in his official capacity or capacity as a special government agent, he commits any of the following acts: 
        (a) Intentionally or recklessly fails to perform any
    
mandatory duty as required by law; or
        (b) Knowingly performs an act which he knows he is
    
forbidden by law to perform; or
        (c) With intent to obtain a personal advantage for
    
himself or another, he performs an act in excess of his lawful authority; or
        (d) Solicits or knowingly accepts for the performance
    
of any act a fee or reward which he knows is not authorized by law.
    A public officer or employee or special government agent convicted of violating any provision of this Section forfeits his office or employment or position as a special government agent. In addition, he commits a Class 3 felony.
    For purposes of this Section, "special government agent" has the meaning ascribed to it in subsection (l) of Section 4A-101 of the Illinois Governmental Ethics Act. 
(Source: P.A. 94-338, eff. 1-1-06.)
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I realize it is MUCH easier to just get along and do nothing.  Meanwhile, the Constitution is becoming meaningless.   Are we a country of laws or a lawless country?

http://blnnews.com/2014/05/05/pay-to-play-okay-if-nobody-prosecutes/

 

 

4 thoughts on “Official Misconduct: defined

  1. Once more BLN strikes out.
    Again, what is your point?
    Official Misconduct?
    Exactly what is your charge and to whom?
    Another conclusory allegation, but this time shrouded in mystery.
    You have simply cited and presented the statute. You have not defined anything.
    The statement that “the people pledged to preserve, protect and defend the Constitution. . .” haven’t read it seems without foundation, since, again, you have not specifically named any one perpetrator or any specific offenses that have violated the section of statute you cite or that can confirm a breach of this Constitutional fundamental you attempt to wield.
    Furthermore, your attempt to tether the fundamentals of the Constitutions to legislation that outlines misconduct, is also without merit. Neither Constitution addresses misconduct on those terms, and therefore, is inapplicable here.
    Your emphasis of Paragraph (c) of the statute and the insinuated allegation of its application is nothing more than conjecture, at best.
    I fail to grasp how the low-information readership you admit of could possibly grasp the underlying and vague meaning and intent of the insinuation in your charges?
    However, your veiled attempt to indict any misconduct that may not have occurred in this municipality but another city, or at a previous point in time and with a prior administration could already have been disposed of, no official charges filed and dismissed without further concern by that administration.
    That was then. This is now.
    To allege any current misconduct, to allege that those in charge of municipal government have violated or breached some law or Constitutional principle, or that any other illegal act has occurred, is simply without any basis in fact.
    And you call yourself a reporter of facts?

  2. If I may respond to the earlier poster, Legal Eagle although I think beagle more fitting.
    1) The statement that “the people pledged to preserve, protect and defend the Constitution. . .” haven’t read it seems without foundation, since, again, you have not specifically named any one perpetrator or any specific offenses that have violated the section of statute you cite or that can confirm a breach of this Constitutional fundamental you attempt to wield. * I like the “seems without foundation” seems, yes it possibly seems, anything might seem but I think that your response seems to misunderstand not only the Constitution as it has been written but the foundations of why it was written in the first place. Specific people and offenses have been named on multiple occasions. Is this your first read of the site? Ah, let me guess, is that you Mr. A?
    2) I fail to grasp how the low-information readership you admit of could possibly grasp the underlying and vague meaning and intent of the insinuation in your charges? * I agree that you have failed to grasp.
    3) To allege any current misconduct, to allege that those in charge of municipal government have violated or breached some law or Constitutional principle, or that any other illegal act has occurred, is simply without any basis in fact. * The definition of misconduct was provided. I “fail to grasp” how you missed that as you do “seem” to be somewhat educated.
    4) And you call yourself a reporter of facts? * Actually the BLNnews does a great job in reporting the facts especially when compared to the local lame steam media. Possibly a miss here and there as staff is human but overall a good spot to find factual information that the pc crowd won’t touch.

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