The subject was brought up by minority Commissioner Cathy Cagle and a Friend of McHenry County Blog took notes, which follow:
Heated Discussion on Whether Ownership of Property on Crystal Lake’s Shore Is a Conflict of Interest in Voting on Lake Matters
The topic of recusals was brought up by Commissioner Cagle. She first stated that this conversation was “not out of order”.
President Tiesenga said something about wanting to have the meeting “run like a board meeting” and heated discussion ensued.
Commissioner Cagle stated that when elected officials recuse themselves, they do not need to give a reason. However, legal counsel is held to a higher standard and the state code requires that they give a reason why they recused.
She then asked Attorney Anderson why he recused himself from the recommendation at the previous park district meeting to hire an external law firm to potentially resolve the Lake Wars (the law firm he recommended at a previous meeting and the Board voted not to move forward with).
She also mentioned a Chicago law firm had a writeup/summary of the Lake Wars (I believe this was the previous attorney Scott Puma’s writeup.)
Commissioner Cagle suggested that the Park District hire a (different) external law firm to figure out when Attorney Anderson and Park District commissioners need to recuse themselves.
She mentioned that Commissioner Hickey recused himself earlier that meeting from approving one of the expenses because he does work for the Park District (I do not know what work this is).
- Commissioner Hickey stated he needed more time understand.
- Commissioner Heisler stated he needed more time.
- Commissioner Jacobson stated they were having discussions the wrong way.
- There was an out of order conversation and public clapping. I believe President Tiesenga called something out of order.
- Commissioner Johnson had no comment.
- Commissioner Nisenson asked what financial gain he had. He stated he needs an answer and would like to hear how he gains from being on the Park District board.
- President Tiesenga stated that recusal was voluntary and (my notes unclear but I believe he said something along the lines that he was learning and studying and Commissioner Cagle should too).
Because Commissioner Cagle’s implication is that all lakefront owners would need to recuse from votes about the lake, this would mean that the Park District itself would need to recuse from any lake votes as they are shore owners too, Attorney Anderson pointed out.
He mentioned that in the 90s, Crystal Lake mayor George Wells got in a lawsuit when he put buoys across the lake. He then gave some time to Attorney Anderson.
Attorney Anderson said he recused from the Lake Wars (not approved) hiring of an external law firm because he had a financial conflict of interest.
He also said that “conflict of interest” is about business (for example not real estate being able to vote or buy). (My notes are unclear here. I think he was talking about a commissioner not being able to vote on a deal to sell land to the park district rather than owning land bordering the park district.)
He said he does not see being a neighbor as a conflict of interest.
Commissioner Cagle talked about the North Shore needing weed treatment in the past.
I believe her claim was now that the North Shore always needed weed treatment and that the North Shore HOA always paid for this weed treatment.
Weed whacker working on the West End, which has been weed-infested at least back to 1958, but worse now.
Now that the Park District is doing weed treatment for the North Shore, the dues for the North Shore HOA have been decreased and so those on the Park District Board who are members of the North Shore HOA are financially benefiting from the actions of the Park District and so must recuse for all lake related votes.
Commissioner Johnson stated he did not like Commissioner Cagle’s insinuating and he is opposed to such insinuation and that he was not profiting from being on the Park District Board.
President Tiesenga stated that they had had a “good discussion”. There was a short silence and then there were many snickers from the public. End of discussion.
