By: Diane Benjamin
Previous stories for reference:
I wonder of Brian Day, Normal’s attorney, has a copy of this book? Normal pays the Illinois Municipal League a lot of money every year, if he doesn’t have a copy he should.
Does the Town hand out copies of this 216 page book to the elected officials so they don’t violate the law? Or are elected officials supposed to just believe Brian Day?
Ever heard of Common Law Mr. Day?
Quote from the book under Common Law Conflict of Interest:
Even though a particular fact situation may not involve a statutory conflict of interest, it may, nevertheless, involve a common law conflict of interest which would prevent a public officer from acting or voting upon a matter coming before a public body.
Another quote from directly below the above:
Let’s apply this to Kevin McCarthy voting on moving the National Fitness Campaign forward. McCarthy trains hard core athletes. The NFC training equipment is made for hard core people, kids might play on it, but average citizens aren’t going to use it. If the Town had bothered to check with Lincoln Il who has one, theirs is rarely used. The opening day announcement on the hospital foundation Facebook page that helped fund it only had 9 likes and 3 🧡.
Can Kevin McCarthy gain personal advantage because of his YES vote? The best evidence for that one is changing his website to remove Rosa Parks Commons because that it where installation will be. He thought that looked like a conflict or he wouldn’t have changed it. Anyone think Kevin’s hardcore clients won’t use this equipment in their training?
Sure looks like “personal advantage” Kevin.
Attorney General Opinion 93-010:
From the book – It was the Attorney General’s opinion that the public officer with the common law conflict of interest had to disqualify himself from voting . . .
Closing paragraph of this section in the book:
Nobody believes a guy who makes a living in fitness can render a fair and impartial decision on building a facility he and his clients would likely use.
I suggest the Council re-vote this issue, especially in light of National Fitness Campaign possibly representing themselves as a non-profit when they aren’t.
Next fire Brian Day.
Doug Fansler received these emails by FOIA: