Elgin official defends actions
Councilwoman Powell’s contact with city’s investigative law firm triggers heated debate
Elgin City Councilwoman Tish Powell’s contact with the independent law firm hired to investigate Elgin police complaints triggered a backlash from fellow council members, who voted 8-1 Wednesday to ban such actions in the future.
Powell said she had procedural questions, none of which were related to a specific case, when she reached out to Ottosen DiNolfo Hasenbalg & Castaldo, but several council members were concerned that direct council interaction could jeopardizes the firm’s ability to be seen as an independent investigator.
The Naperville-based legal team was hired by the city last year to conduct reviews of police complaints and misconduct allegations.
During what at times became a heated discussion, Powell said she did not try to hide her actions, did not violate any council rule by speaking with the firm and resented any allegation that she’d acted improperly.
“You are making it so much more than what it is,” she said. “I realize that some of you can’t function or make statements on this dais without staff telling you what to say, think, or do. I am not that person. I’m sorry if that bothers you. I have the ability to think critically and ask questions. I think that’s what I was elected for.
“And I am not going to sit here and be accused of being unethical or breaking some rule that doesn’t exist.”
The topic was broached by Councilmen Toby Shaw and Steve Thoren, who asked for the council discussion and requested clarity on “the city council’s understanding and expectations relating to the independence and integrity of the internal investigations conducted by an independent outside entity retained by the city.”
Shaw said his goal was not to “make a mountain out of a molehill or create a huge firestorm over this. ... But I do want to have a conversation just to align as a council our roles, the process, and things like that.”
City council members have the right to ask questions, he said, but inquiries should go through the staff. He later became more adamant in his position that Powell should not have acted unilaterally.
“This is wrong,” he said. “We need to call something wrong out. We can’t let it slip by . ... [It calls] the whole integrity of this council into question. It is wrong. Everyone should be upset about that.”
Thoren said he believed it was something that should be addressed in the
city ordinance.
“It’s an independent council. Independent. That’s what it means,” he said. “I think that regardless of the questions it’s the process, because if it’s overlooked this time, it could happen again and the questions could be more detrimental.”
Councilwoman Rose Martinez said she shared the concerns raised. “This process loses value and integrity if a person in any role injects themselves,” she said. “We have a protocol in place that should be followed.”
In order to demonstrate that her actions did not result in a breach to any case, Powell sent a copy of the questions she asked and the answers she received to each council member.
“It was transparent. Everyone saw them,” she said. “They were not about any particular case. [I was] not trying to influence any particular case whatsoever.”
She added that she was the council member who advocated that an independent investigator be appointed, rather than relying on a retired police officer to evaluate the situations that arise.
“I haven’t heard anything spoken tonight that gives me any indication I’ve broken any rule or procedure because I have not,” Powell said. “I think it’s a real slippery slope to legislate what we as elected officials should be doing in our jobs and who we can ask questions of.”
Councilwoman Carol Rauschenberger said she agreed the questions Powell wanted answers to were procedural in nature, and she knew of no rule that would have warned Powell against asking the firm directly directly.
“I guess I’m unaware there was a protocol when we made this decision to use this outside organization,” Rauschenberger said.
The only protocol outlined in the city ordinance requires the law firm to release any investigation report simultaneously to the police chief, city attorney and council, which wasn’t being done previously.
Powell was the only council member to vote against adding the provision governing how the firm will be contacted in the future.