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Yesterday, CBS News had a report from blog “The Politico” that seemed to have the purpose of fueling the fires on illegal immigration and the recent passage, by the US House, of the “economic stimulus package”.
The title of the article: Lou Dobbs Alert: Illegal Immigrants may get rebates
The last part of the first paragraph says:
…illegal immigrants could receive a tax rebate check from the government.
But, the next sentence in the article states:
The text of the House passed bill contains language making “non resident aliens” (illegal immigrants) ineligible for the tax rebates.
So, they basically contradict themselves in a matter of two sentences. And, it should allay fears that the economic stimulus package was designed to provide rebates to illegal aliens.
The real point of the article, though, is that there have been cases where illegal aliens have filed tax returns. Although, again, there are no numbers to support how many illegal aliens have filed tax returns using “individual tax identification numbers”, or ITINs. ITINs are assigned primarily to resident aliens who make income in the US, so they can pay income tax (and file returns).
In order to make their point, the end of the article points to a legal resident who was deported — likely for violating some condition of his visa — yet filed a tax return for the 183 days he worked in the US.
Today, however, both House Speaker Nancy Pelosi and Senate Minority Leader John Boehner confirmed that the reports circulating in the media were not true and that they would be taking extra steps to solidify that intent.
The purpose of some news reports seem to have the intent of fueling the debate about illegal immigration and its effects, even though it seemed relatively clear that illegal aliens were not going to get rebates.
Just another tactic in their war to win elections — in some cases where people talking about the problems are responsible for those problems in the first place.
The following was originally submitted as a comment on the “Better honesty needed from group, trustees” article. I felt that it was important enough to be posted separately. It is the text of a letter sent to the Carpentersville Village Board from the Illinois Attorney General’s Office, dated January 23, 2008. Readers should take note of the warning to Trustees Sigwalt and Humpfer, and to the Board as a whole, about conducting such meetings.
The Honorable Bill Sarto
Village President
Village of Carpentersville
1200 L.W. Besinger Drive
Carpentersville, IL 60110
Village Trustees:
Keith Hinz
Paul Humpfer
Linda Ramirez Sliwinski
Ed Ritter
Judy Sigwalt
Kay Teeter
Re: Open Meetings Act Complaint #2008OMA10
Dear President Sarto and Members of the Board:
I am writing regarding an inquiry our office has received related to two members of the Carpentersville Village Board and their compliance with the Illinois Open Meetings Act, 5 ILCS 120.
Ms. Rebecca O’Halloran of The Courier News submitted an inquiry to our office stating that Trustees Paul Humpfer and Judy Sigwalt are participating in alleged meetings with constituents to discuss Board agenda’s as they relate to immigration issues prior to the Village’s public meeting. Further, the inquiry alleges that these gatherings were taking place at the Village fire station, but now occur in private residences. Please be advised that our office has also received two separate telephone calls from citizens complaining of these gatherings.
The purpose of my letter is to outline the provisions of the Act and caution the public body with regard to this matter. Under the Open Meetings Act, the public policy provisions states that “[i]t is the public policy of this State that public bodies exist to aid in the conduct of the people’s business and that the people have a right to be informed as to the conduct of their business. In order that the people shall be informed, the General Assembly finds and declares that it is the intent of this Act to ensure that the actions of public bodies be taken openly and that their deliberations be conducted openly.” 5 ILCS 120/1.
“Meeting” is defined as “any gathering of a majority of a quorum of the members of a public body held for the purpose of discussing public business.” 5 ILCS 120/1.02. In this instance, two members of the public body would not constitute a majority of the quorum and therefore the Act is not triggered. However, a cautionary note that is relevant here. If the purpose of the gatherings have as their intent the formulation of policy outside the public view, the spirit of the Act would be jeopardized, and the Board should be aware of the public perception issues that arise in circumstances such as these even though the Act is not triggered.
At this time, no further review is merited. However, if you have any questions, please contact me at [redacted].
Respectfully,
Terry Mutchler
Public Access Counselor
Assistant Attorney General
cc: Rebecca O’Halloran
Attorney James A. Rhodes
I have to say, I appreciate Jay Radke taking the time to write a letter to the paper attempting to legitimize actions related to the twice-a-month meetings Trustees Sigwalt and Humpfer held improperly at Carpentersville Fire Station #3 during the past year. (For those who don’t know, Radke replaced Bob Sperlazzo as Chairmain of the Fox Valley Citizens for Legal Immigration [FVCLI], a few months ago). It was such a nice gesture to explain how welcoming their organization is, and how open it has been in providing a forum for the community to address their elected Village officials.
However, it seems the reality does not match the rhetoric.
It is unfortunate that this organization expresses support for Trustees Humpfer and Sigwalt to “provide a forum for us to address our grievances to the village without a limit on the amount of time we could speak.” Yet that “forum” was established through deceptive and closed practices.
Before using the Carpentersville & Countryside fire station to meet with constituents, Sigwalt did indeed have the permission required.”
The whole truth is that permission for the use of the room was obtained under false pretenses.
Trustee Sigwalt admitted that she told Village Manager Craig Anderson that this was for meetings with “constituents”, not “Fox Valley Citizens for Legal Immigration”.
Anderson said since Humpfer and Sigwalt are meeting as part of an organization, the group must meet certain criteria, pay a fee and provide proof of insurance.
Manager Anderson stated that he learned that FVCFLI was meeting there only when a complaint was received in late December. Why did Trustees Sigwalt and Humpfer feel it necessary to keep the fact that they were meeting with FVCFLI a secret from the Village Manager?
Of course, FVCFLI “operates in the full light of day”, right? Only if that light is during a total solar eclipse, apparently.
For instance, Radke’s letter states:
All meetings FVCLI members have attended have been open to the public, advertised on a Web site and by other means.
I hope they will take steps to back up that. But, as a concerned citizen visiting the site regularly for more than a year, I did not ever see an announcement of any such meetings. Further, even as knowledge of the meetings began to come to light, the website still contained no mention of them.
Trustee Humpfer is quoted in the Courier-News (Jan 17, 2008) as saying that they have moved their meetings to a private residence. The change of venue suggests an understanding that they did not have rightful use of the Village meeting room. Still, there is no notice provided to the public on the organization’s website, although this Friday is the one before the next Village Board meeting, which is when these meetings were discovered to be occurring.
Also, on at least one occasion, Trustee Sigwalt proudly announced an FVCFLI event during her trustee report. Yet, these Friday meetings were never mentioned. Why not? Especially if they were “open to the public”.
If the group and the trustees really wanted to show they were as open and welcoming as they would have us believe, they would be more forthcoming with the public and present the hard data to back it up.
FVCLI has held public meetings at both the Carpentersville and West Dundee VFW clubs. The fees requested have been paid and all requirements of the clubs have been followed.
That is all well and good. But the fees were not paid for using Village facilities for over a year. And, the requirements were not met. Weren’t these the trustees who were so adamant about the Village needing every penny they can get access to?
Despite the claims by Mr. Radke, the facts remain that Trustees Sigwalt and Humpfer were not honest with the Village Manager and staff. In fact, as demonstrated by what has been put forth in this article, FVCFLI seems to be continuing in the tradition of half-truths and omissions that Sigwalt and Humpfer have perpetrated. Seeing as those trustees led many of these meetings, should we be surprised that this “skill” was learned?
Certainly questions, like those raised by Ms. Chinwah in the Daily Herald on Jan 13th, remain as to why they operated in this manner?
Review of Village Board meetings reveals a number of questionable actions by these two trustees, especially in regard to members of this organization. Regardless of whether comments were “scripted” or members were provided information not offered to the rest of the residents in the community, these two trustees have acted dishonestly and have appeared to provide preferential treatment to members of an organization formed in part to support their re-election campaign platform.
Still, John and Jane Carpentersvillian may ask themselves why any of this is a big deal?
To answer that question, they should ask themselves why things took so long to get done in Carpentersville? Why did the roads and sidewalks get in such a state of disrepair? Why is retail coming to towns around the Village, but not to Carpentersville? Why are city taxes among the highest in the area? Why does Carpentersville have such a poor image and reputation? And, even, why did the Village fail an unheard of 4 consecutive audits from 1999 – 2003?
Well, things like this may likely begin to provide answers. And, that is why it is important that we not let these things go unaddressed. When you have an issue to raise to your Village officials … will they address it, or must you be part of a special interest group?
In the past, I have contacted President Sarto about issues in the Village. At times, I have received the answer that he is in the minority on the Board and therefore makes it more difficult to get things passed, even that the Village needs. (Which makes it all the more amazing that he has been the major catalyst in finally getting things moving that have been sorely needed in this town.) The fact that Sigwalt and Humpfer are part of the majority on the Board, means that groups like Fox Valley Citizens can wield greater control and influence over what happens in the Village. Or, is it that Sigwalt and Humpfer can do as they like, and say they have the support of “constituents”? Kind of like having your own shadow government, especially when there are members who “hold positions of responsibility in village, township, fire and county governments.”
Only by expressing your disapproval of this behavior can we approach a certainty that our government is truly working for the betterment of the Village, and getting things back into the hands of the people, instead of the issues raised by special interests.
Mr. Radke expresses an aspect of FVCFLI’s mission:
We support the efforts of any public servant/politician willing to uphold the laws of the United States, State of Illinois, every county and village in the Fox Valley.
To that end, I hope that they also support upholding the laws and ordinances of Carpentersville. Something that isn’t completely clear.
Related stories:
- C’ville Village President blast secret meetings – Daily Herald
- 2 C’ville trustees’ meetings targeted – Courier-News
- Jan 2nd Village Board meeting – Carpentersville Action Network
- Confirmed: Trustees held meetings improperly – Carpentersville Action Network
- Burning Down the Village – Carpentersville Action Network
Last week, Farmers Branch, TX passed an ordinance that required all tenants, including home renters, to obtain rental licenses from the city. The licensing process included proof of residency, which would be checked with the federal SAVE database developed and maintained by the US Citizenship and Immigration Service (USCIS).
However, in order to utilize the SAVE database, the town must apply for access, which it has not done. Information on the USCIS website states:
To join the SAVE Program and acquire access to VIS-CPS to perform immigration status verification, an agency must first establish a Memorandum of Understanding (MOU) with the SAVE Program, and then establish a purchase order with the SAVE Program contractor to pay for VIS-CPS transaction fees. Access to SAVE is subject to USCIS resource limitations or other legal or policy criteria.
A representative from the USCIS confirmed that once Farmers Branch applies for access, a legal determination would be made on their use of the database.
“And whether the use is lawful and appropriate would be determined at that time,” said Maria Elena Garcia-Upson, a spokeswoman for Citizenship and Immigration Services.
Farmers Branch spent $770,000 last year trying to defend a similar ordinance that was passed in November 2006. A federal judge blocked enactment of that ordinance in January 2007. One should wonder at the cost incurred by the city in getting to this point on the new attempt, and future costs associated with either getting this one enacted or defending against another lawsuit.
In July 2007, Hazleton, PA was prevented by a federal judge from enforcing any provisions of its ordinance — on which the proposed-and-tabled Carpentersville ordinance is also based. Although it is on appeal, at the time of the decision the cost of defending against the lawsuit was reported to be more than the $360,000 in donations received — and is likely to have increased with the time spent on the most recent appeal. Plaintiffs also filed for payment of legal fees which could cost the town another $2.4 million.
Shortly after the decision in that case, I wrote:
If Hazleton loses its case on appeal, the city would very likely be responsible for paying the legal fees of the plaintiffs in the case, which will easily be several million dollars. The city’s insurance will not cover these costs, which means they will be paid by taxpayers in the town, as donations (which thus far have been about $360,000) probably will not come close to covering those costs. Or, Mayor Lou Barletta may pay for it out of the more than $1 million he has accumulated for a run for Congress. Or maybe not.
Despite the arguments about current costs to the Village of Carpentersville because of the presence of illegal immigrants, Carpentersville simply cannot afford to pay the high costs associated with lawsuits that could be brought. A little more than a month ago, officials were arguing about the need for $3,000 from the sale of old firearms. Obviously, parting with $1 million (or $30 million in the case of the current lawsuit) isn’t prudent.
And, then there’s the possibility of lawsuits, even if such ordinances make it past the courts.
Take the case of Thomas Warziniack, a Minnesota native whom U.S. authorities have been trying to deport as an illegal immigrant from Russia, as an example. Warziniak spent several weeks in federal detention awaiting deportation. But, he is a natural born US citizen.
In Warziniack’s case, ICE officials appear to have been oblivious to signs that they had made a serious mistake.
Although a national crime database identified Warziniack’s identity, and a check with Minnesota officials by a news organization confirmed a birth certificate on file with his name and birth date, he was flagged as a foreign-born prisoner and given a deportation hearing. He was released this week.
Imagine Carpentersville being caught in responsibility for such a case, if they wrongfully denied services or housing to a citizen or legal resident whose identity could not be confirmed in the allocated time frame (provided they are even given access to the system). How much would that cost taxpayers?
A recent report, submitted to the Department of Homeland Security by the USCIS in September, explains that the database used by E-Verify does not meet standards set by Congress.
These cases further solidify the arguments that any immigration enforcement actions rely on the federal government.
It remains something that the Village of Carpentersville cannot afford to do and should refrain from wasting time pursuing.
Much better and more worthwhile would be for the town to become a leader in a positive area, such as community development or revitalization efforts. For those that argue that illegal immigrants in our community must go first, they should understand that if the Village proceeds that way, improvements to the community will remain a long way off.
The Village Board meetings are severely broken and in need of repair. There is only one way for that needed repair to be done and that is by the cooperation of the entire Board.
I am not calling for things to be all “nicey-nice”. “Energetic” discussion that is relevant to the topic being discussed is acceptable, so long as it is respectful. I do not believe that anyone on the Board (except maybe for Trustee Hinz, who does not seem to say too much) would be squeaky-clean on that.
But, what will also be necessary in order to fix what is broken is for pettiness to be put in the past and the Board beginning to abide by its own rules — and support other members of the Board in attempting to enforce them.
One of the first things that need fixing is Trustee reports and conduct. There have been numerous times that I have seen a trustee openly criticizing another member of the Board and even members of the public. In at least one case I saw in the past few months, a Board member actually finished the comment of a person who was told to sit down because the Rules for Public Comment had been violated.
This must stop.
Carpentersville Municipal Code 2.14.150 reads, in part,
All discussion and debate shall be courteous, respectful, and to the point. Impugning motives; contentious, slanderous or boisterous statements; obscene or insulting language; threats; or personal remarks or attacks directed at the members of the corporate authorities, staff, speakers or members of the public shall be out of order.
There are some members of the Board that regularly violate this — and the worst violator is not President Sarto.
Board members should utilize this time to give pertinent information to the rest of the Board (and cut out the garbage like “I attended Event-X and had a very nice time”). Also, they should use it to obtain information from staff about issues that occur, so that the Board may be more informed.
The Board also needs to take advantage of Executive Session in order to discuss disciplinary issues. If a Board member has a problem with another, or a member of staff, etc. , making such statements in open meeting only breeds animosity. The only such exception should be at the time a Board member is violating the Code during a meeting. The only comment that should then be made is that the member is out of order. There should not be excessive debate which follows the declaration, but perhaps only clarification if necessary. If there are disciplinary matters to discuss or correction of a member for other such actions, these need to be taken to Executive Session.
And, last but certainly not least, is Public Comments. There are two portions of the Village Code that are regularly violated in 2.14.080 Public Comments:
A: Members of the general public may address the board with concerns or comments regarding issues that are relevant to village business;
E: All public comment shall be addressed to the board as a whole and no comments shall be addressed to individual members of the board, village staff or other members of the public;
There are some members of the public who regularly violate this (not to mention some members of the Board who allow them to do so).
If a member of the public has an issue to raise about an action of a Board member or a member of the public, it should be brought to the Board only in the case that it could not be addressed privately. Again, I have seen Board members singled out for criticism, and even members of the public allowed to be criticized. That should be out of bounds and not be allowed by any member of the Board.
The purpose of the Board meetings and the rules are to deal with Village business and to ensure the ability “to conduct meetings in an orderly and efficient manner” [in Code 2.14.010; Ord. 05-28 § 2 (part), 2005].
That rarely happens. Members of the Board should meet together in Executive Session to come together in agreement on the things that I’ve raised here. If they fail to do so, and allow the kind of garbage they do to continue at Board meetings, they are in violation of their Oath of Office and should be removed.
I am sure I will have more to say about this in the future. However, it is my intent to look at such violations going forward from this point. I will showcase such violations on this blog when they occur. It is my hope that all future Board meetings will take the suggestions I give above and put them into practice.
Please see the new comment policy, implemented January 22, 2008.
It can be accessed by clicking on the “New Comment Policy” link on the main page, in the sidebar under “Announcements” or by visiting FAQ ~ What are the rules for comments?
Commenter “Johnny come lately” mentioned this weekend’s column of Daily Herald editor, Chris Bailey.
In it, Bailey was critical of Elgin Mayor Ed Schock for asking the Association for Legal Americans (an anti-illegal immigration group) to stop sending him “an email a day” of survey comments the group had allegedly received from residents.
However, in a recent series of emails of which I was one of the recipients, Ms. Bailey sent the following …
From Bailey, Chris
to [redacted], cvillecan@gmail.com,
cc [redacted]
date Dec 26, 2007 9:59 AM
subject RE: How low can you get?
mailed-by dailyherald.comCan you please remove me from this mailing list…
Ironically, that section of her column is labeled “Pot calling kettle black”…
[sigh]
With temperatures becoming extremely cold over the next few days, the Village is reminding residents that a number of warming centers are available for people to go to:
Warming Centers
There is extremely cold weather forcasted for the upcoming weekend with projections well below zero. As a reminder, the Village does offer warming centers to those in need. If any Carpentersville resident is in need of assistance due to the cold weather, please contact QuadCom at 847/428-8784 and arrangements will be made.
Be sure to check in on any friends and neighbors, especially seniors, and pass this information on. Be extremely careful using space heaters and do not use things such as ovens as a means to add heat to your home.
Followed hot on the heels of my report of the last meeting comes a quick-takes blog on “Tuesday Night Fight Club”.
Here’s a plan … replace public comments with a pillow fight. Put the metal detector in place so no heavy objects can be brought in, give everyone a pillow when they come in and go at it for 5 minutes.
Of note at the meeting was mention of a large group, consisting of whom appeared to be members of Fox Valley Citizens, met this past Friday night at a residence in Lake Marian on Skyline Drive. Reports are that Trustees Sigwalt, Humpfer and Hinz were there.
Was this a change of venue for the same old meetings that were held on each Friday before a Board meeting for over a year?
Anyway, this issue was raised during public comments by Paul Calusinski, who talked about being out doing DUI patrol on Friday and happening upon the group.
Then, once again, Gloria VanCleave came to the podium to respond to Calusinski, raising claims that he was “stalking” her and attempting to discredit him. President Sarto asked her to sit down … and things got a bit interesting …
Trustee Humpfer attempted to “appeal the ruling of the President” but was informed that he had a conflict of interest. Trustee Sigwalt then attempted to do the same, and was informed likewise. Trustee Teeter was next in line. President Sarto said that he had information that placed her at at least one meeting as well, so may have a conflict. So, finally, Ritter said “well then I’ll appeal the ruling”.
Guess we see now there is no interest in distancing themselves from Sigwalt and Co.
Ms. VanCleave was allowed to continue, but was told to sit down when she continued on the same vein.
Now, as for things related to Village business …
Residents who cannot fit the large garbage toters into garages or get them to their back yards (such as those in the Morningside and Berkshire neighborhoods which would otherwise have to drag them through their home), will be allowed to store them in the front of their residence, provided they install a screen of some sort to hide them from plain sight. Residents will have until the springtime to comply. Read more about that at The Courier-News or the Daily Herald.
And, could Carpentersville become a Tree City USA town? A representative from Kimball Farms talked about it, and suggested the Village look into becoming one. In order to qualify, four criteria must be met [Source: Wikipedia] …
- It must establish a Tree Board or Department run by a professional forester or arborist, an entire forestry department, or a volunteer tree board must be legally responsible for the care and management of the community’s trees.
- It must pass a Tree Care Ordinance that designates the establishment of a tree board or forestry department and give this body the responsibility for writing and implementing an annual community forestry work plan. Beyond that, the ordinance should be flexible enough to fit the needs and circumstances of the particular community. A tree ordinance provides an opportunity to set good policy and back it with the force of law when necessary. Ideally, it will provide clear guidance for planting, maintaining and removing trees from streets, parks and other public places.
- It must establish a community forestry program with an annual budget of at least $2 per capita with evidence that the community has established a community forestry program that is supported by that annual budget.
- It must organize an Arbor Day observance and proclamation with a simple tree planting event or an award ceremony that honors leading tree planters.
With the efforts of Parks Committee and the (resident-run, donation-funded) Beautification Committee already having done work in this area, it might be attainable. However, one significant question is whether the budget will support it? More details obviously need to be worked out. But it would be kinda nice to put that little feather in our community’s cap.
Yes, with the writer’s strike in Hollywood, Tuesday night Board meetings really are the best ticket in town.
Watching the January 2nd Village Board meeting on Friday night was rather interesting.
But before we get into the analysis of the meeting, let’s get familiar with some of the events that transpired. I’m not going to try to cover every detail and action of the meeting. Rather, I’ll just mention the highlights.
After the initial formalities, the meeting jumped into public comments.
Paul Calusinski came before the Board to present an agenda of Fox Valley Citizens for Legal Immigration meeting from October 29, 2006 containing the following item:
Planning for upcoming 11/7/06 Village Board meeting (Humpfer/Sigwalt)
Mr. Calusinski believed it was a problem that two trustees were meeting with a special group to plan for upcoming Village Board meetings. Further, he said that when he once tried to attend one of these meetings, he was told he was not welcome.
Then, things kind of heated up when Ev Evertsen of Harvard came to speak to the Board once again on the creation of TIF Districts. President Sarto inquired of why Mr. Evertsen, a Harvard resident, had interest in speaking on TIF districts local to the economy of Carpentersville. Mr. Evertsen replied that he was a taxpayer. President Sarto pointed out that TIF districts are relevant to local property taxes, and that Mr. Evertsen lives even outside of School District 300. Mr. Evertsen then stated that he was against all TIF districts. President Sarto asked him if he had spoken at Dundee’s meeting where they had recently created a TIF district. Mr. Evertsen stated that he was unaware of that, before concluding his comments.
After Mr Evertsen completed his comments, Diane Evertsen came forward and to address President Sarto on the Rules of Decorum. Mrs. Evertsen asked President Sarto specifically, “Do you need a copy of these?” Sarto told her she could then sit down for her disrespect and “attack”.
Trustee Humpfer wanted to appeal the ruling of the President as he has done on a few occasions in the past, and told President Sarto “I don’t think you know the rules”, but seemed to quickly quiet down when President Sarto stated “Yes, I do know the rules.”
One last commenter of note (and I may have gotten them out of order) was Gloria VanCleave, who came to the podium and told President Sarto that “no one tells her what to say”. This was in response to the Daily Herald article that reported on the meetings that Sarto had called “secret” and “deceptive”, which Mr. Calusinski had also referred to above. However, Ms. VanCleave was asked to sit down when she made a derogatory remark to Sarto.
The one big item of Village business that night was the exemption of one gun from the list of those to be destroyed. An M-1 Carbine rifle. The VFW made a request for this gun to complete their color guard firearms used in parades and veteran’s services. State law does not allow for an item that has value to be donated by a municipality, so the Village will look at options to make this firearm available to the VFW.
So, the audience comments portion of the meeting was a bit wild and raucous as usual. But, the rest of the Board was unusually quiet. Even the objections were mostly mouse-like. Could it have anything to do with this being the first meeting after it came out that Trustees Sigwalt and Humpfer were meeting with Fox Valley Citizens for Legal Immigration, improperly meeting at Fire Station #3 — at no expense because of their positions in office — to discuss and strategize with the group for the upcoming Board meetings? Or, maybe its the result of may not having that meeting that helped.
As for President Sarto’s discussion and debate with Mr. Evertsen, I believe he should not have done so. However, I think that his question was pertinent in order to make a determination whether it was relevant to the Village, especially in light of the information above, and the fact that Mr. Evertsen had addressed the Board previously on this matter.
I guess something that I found interesting is that according to published Board meeting minutes, from Sepetember 2006 through November 2007, the Evertsen’s (Ev, Diane or both) have addressed the Carpentersville Village Board no less than 7 times. However, a check of regular meeting minutes published on the website for the City of Harvard, revealed that — going back over 2 1/2 years — neither of the Evertsen’s have ever spoken. I find that quite odd that they come approximately 30 miles to speak at the Village of Carpentersville meetings on at least 7 occasions. Yet, they have not spoken to the city council in their own city.
While that is not to say that we should not welcome those from other communities who can add something to our understanding of issues, we must also be wary of those who may come to further some personal agenda and take advantage of our forum for that purpose. Additionally, when coming to directly address the Village Board, statements should be respectful and related to agenda items.
In fact, all comments should be respectful.
But, public comments seem severely broken and need to be overhauled. More on that at a later time.
Finally, what should we make of Trustees Humpfer and Sigwalt leading a strategizing session for the 11/7/2006 meeting — even though the Board had agreed by a 4-3 vote at the previous meeting that discussion of the item was tabled (which should have also meant that it was tabled from public comments, since it was not presently a matter of Village business)? I think this is a very big deal. Minutes of the 11/7/2006 Board meeting show that several members of Fox Valley Citizens came before the Board to speak on the issue, though no discussion should have been allowed. It seems doubtful that Sigwalt and Humpfer were unaware. So, were they purposefully leading this session with the intent of circumventing that decision?
Why were Trustees Sigwalt and Humpfer leading a planning session for the Board meeting as part of the Fox Valley Citizens’ regular meeting when the Board had voted against allowing discussion at regular Village Board meetings, if not for that purpose?
It is interesting to look at the names that appear on the FVCFLI agenda, and the names of those who are regularly coming forward during public comments.
I think significant questions remain as to the use of their position on the Board to obtain Village resources for meetings with this group. A group that was also very involved in their re-election activities.
These are all questions that I hope will be answered by an investigation into the extent of trustees involvement in these meetings and how they played out in relation to conducting Village business. Is everything that is happening in Village government being decided at the Board meetings? Or are these decisions being made elsewhere?
Just wanted to make a quick blog to point out some information that is available on the Village of Carpentersville website …
First is Voting Information for the Upcoming Primary Election on February 5th. Be sure to get out and exercise your right to vote. Early Voting begins today, January 14th, and ends on Thursday, January 31st. Abstentee voting is available at Kane County Government Center in Geneva until February 4th.
For more information please contact the Kane County Clerk’s office at 630-232-5996 (Spanish Hotline 630-232-5991) or visit the website at www.kanevotes.org
Next, a reminder is posted about designated days for Christmas tree pickup by ARC. It might also be a good time to get out and take down those outdoor decorations. Carpentersville Municipal Code allows for the display of outdoor holiday decorations for a period no longer than 60 days.
The weather forecast for this weekend and the following week is presently calling for some bitter cold air, with temps expected to not get out of the single digits on Saturday … wind chills in the -10 to -20, or colder, range. It might be a good idea to get those decorations down before that cold really sets in.
I’m sure folks will be wondering when that global warming is gonna hit. 
(Especially when snow fell in Baghdad for the first time in anyone’s memory, last week.)
Crime Free Housing Seminar dates for 1st Quarter 2008 have been posted.
And, here’s a timely tip to kick off what appears to be a new feature on the website: “Monthly Crime Tip” from the Carpentersville Police Department for January is on prevention and protection from Identity Theft.
And, finally, a few links to meeting coming up this week:
- Park Committee Meeting – January 14, 2008
- Special Village Board Meeting – January 15, 2008
- Village Board Meeting – January 15, 2008
- Planning and Zoning Commission Meeting – January 17, 2008
Tune in tomorrow for some info and analysis of the January 2, 2008 Village Board meeting that was broadcast on Comcast this past Friday. (Folks may recall that I missed that meeting due to a last minute emergency.)
Oh Daily Herald! Why doth thee trouble me so?
After publishing a nice article about the two “Project of the Year” awards won by the Village of Carpentersville’s Public Works Department for efforts in reconstructing the Main Street Bridge and a portion of Sleepy Hollow Road, they jumped up on their “soapbox” and said “We’re guessing Carpentersville residents and their neighbors weren’t all that impressed…“
Well, some of us were.
But, the Daily Herald is probably just saying that most people are self-involved and don’t typically know all that goes into doing such a project. And, people probably don’t think much about it as they drive over it every day. At least I hope the Herald didn’t intend it in the negative way that it sounded.
However, the Bridge is very nice …
The extra-wide sidewalk on the south side of the street …
… and the antique-look lamp posts that were installed are very nice.
Plus, with the additional rehab work that Otto Engineering has done …
The whole area looks great and should be considered one of the jewels of Carpentersville.
Overall, a very nice look for the entry into the Old Town District of the Village of Carpentersville. One that I’m sure residents and others driving through the area appreciate and are impressed with, as well as one that all involved in making it that way can be extremely proud of. (Although it would have been nice if the sun was not hiding behind the clouds for these pictures.)
It’s kind of interesting when there’s not much going on — at least in the papers — and then suddenly there’s a flurry of activity.
Let’s first get to the positive news …
Today, the Chicago Tribune published information on the wonderful support the FISH Food Pantry in Carpentersville is providing to the community.
Feeding the poor has been the mission of the Friend, I Shall Help (FISH) food pantry in Carpentersville for more than 40 years. [...] The FISH food pantry is at the Meadowdale Shopping Center on Illinois Highway 25. For more information, call 847-428-4357.
Open from 9:30 to 11:30 a.m. Mondays, Wednesdays and Fridays, the pantry is staffed solely by volunteers, receives no government funding and relies on donations. Families, who receive one week’s worth of food once a month, must provide verification of income and residency in the Carpentersville, East and West Dundee or Sleepy Hollow communities.
Keep up the fantastic work that you are doing for those in our community!
Next, the Daily Herald reports that the Village of Carpentersville has received double, top “Project of the Year” honors from the American Public Works Association, Fox Valley Branch, for the reconstruction of the Main Street Bridge and Sleepy Hollow Road.
[The Association] named the bridge renovation the Project of the Year for transportation projects in the $2 million to $10 million category.
The village’s overhaul of a stretch of Sleepy Hollow Road was honored as Project of the Year for transportation projects less than $2 million.
It is good to see all the hard work of Village staff and officials being recognized and regarded so highly.
“With all of the infrastructure challenges in the village, this shows what has been done,” Village Engineer Scott Marquardt said. “The recognition we are getting for them is good for the village.”
Marquardt said the two accolades are the first the village has received for transportation projects from the public works association.
The Village has also won awards for water quality and the bridge engineering design in the past.
So, what’s next?
Carpentersville now will compete against other branch winners at the Chicago Metropolitan Chapter level, Marquardt said.
But, unfortunately there always has to be bad news …
For instance, a “Speak Out” that appeared in the Courier-News:
Clean up C’ville: I am reading in the paper how the Carpentersville mayor Bill Sarto doesn’t like the old Carpentersville signs as they drive into town and wants to waste $70,000 on making some new ones made out of brick. Well, why don’t you try and start cleaning up this town? Like how about over on Oxford Lane?
Of course, that’s almost humorous when you match it up with another article that appeared in the Daily Herald today: “Carpentersville politics mires push for panel” … where Sarto is being criticized for being involved in doing exactly that (“cleaning up this town”).
Now, readers of Carpentersville Action Network are already familiar with the controversy created on the “Reviving the Beautification Committee?” thread, with more attempts to stymie efforts to help improve the town.
Sarto and others seem very committed to doing good things in this town. But there are a few voices that indeed want to dump on that and say that not enough is being done or that the actions are “political”.
I have to say … who gives a damn if those things are “political”?! Is it good for the people and community of the Village of Carpentersville? Yes! Then what is the problem?!
But, what is “political”? Do we elect people who are going to sit up on the Board and just show up for parades and ceremonies? Or do we want people who are actually going to do some real work?
It seems there are a few in the vocal minority that are satisfied with the former. I’m not one of those people. I’m glad to see President Sarto and others who are actually out there digging in the dirt in our town to help Carpentersville become a place we can be proud to call our home.
People accuse Sarto of fighting with everyone to “get his way”. But, if he’s fighting, who’s he fighting against? Those who are really guilty of “playing politics”. And, who’s he fighting for? The people of the Village of Carpentersville!
“Politically motivated”? I guess that’s what you label a politician who actually does things for the community while in office. Doing the job that people elected you to do is refreshing in an atmosphere where people say one thing and do another.
If this site seems like a “love fest for Sarto”, as “Concerned C’villian” said in a comment, it is only because it is mentioning what is really happening in the city — things that don’t make it into the papers often enough (or which aren’t considered when a controversy arises). Though, I have to admit that today’s headline on the web article from the Daily Herald was kind of interesting, when you look at the story and the ones who are playing politics. It seems pretty obvious that Sarto and Reece are quoted in the article as the ones making the “push for panel”, while others mentioned appear to want to be part of the “Carpentersville politics” that would hold such a group back.
Now, what about the entryway signs?
The entryway signs are part of an overall plan to give a better looking face to those coming to, or passing through, the Village. The plan was unanimously approved by the Village Board at the November 6th meeting. The funds for the signs were received via a grant, and additional funds were budgeted.
Does that mean that Fox View is being ignored?
It doesn’t seem so according to a December 2005 article in the Daily Herald. President Sarto said he was supportive of the revival of “Fox View Families Association”, which had the goal to “give the residents a voice in the community and a hand in shaping their fortunes.” And Police Chief David Neumann and the Department have been working on ways to effectively control crime in the neighborhood.
While overall there has been some improvement, there needs to be stronger efforts to curb the crime at Fox View, Neumann said. Residents need to notify police of criminals, and the management company needs to provide more security and evict troublemakers.
The police department, for its part, has been brainstorming measures to implement next year, including streamlining the investigation of trespassing complaints, Neumann said.
There is a lot of issues that seem to complicate that matter. But that shouldn’t mean that other things should be put off or not considered because there are so many issues to deal with.
Clearly there is a lot to work on. But, there has been a much progress made. As folks see the commitment to doing good things in Carpentersville, they need to stand behind it, speak up about it and get involved.
Hazleton will file its legal briefs with the Third Circuit Court of Appeals in the Illegal Immigration Relief Act appeal by Jan. 22.
Initially, the briefs had been due Dec. 26; however, that filing was delayed to Jan. 9.
Attorney and law professor Kris Kobach, the immigration law expert for former U.S. Attorney General John Ashcroft who is representing the city, said he asked for a two-week extension for several reasons.
[Hazleton's briefs in illegal immigration case will be filed with court this month -- Citizen's Voice]
If you recall, Hazelton changed the ordinance no less than 3 times while Judge Munley was hearing the case. The changes were made in an attempt to find some area of standing for the ordinance.
Will the appeal be like the initial case was?
Well, not exactly, as the case is decided on the briefs filed.
The Arizona and Oklahoma cases are interesting, but perhaps not applicable as they relate to state jurisdiction, which is typically wider than that of municipalities.
The court will not hear any new testimony. It will decide the case on the briefs filed.
“They decide reviewing the record,” Walczak said. “They’re not allowed to take any new evidence.”
The losing side is expected to appeal the decision to the U.S. Supreme Court.
Last week the Daily Herald reported that the Beautification and Improvement Committee of Carpentersville, which first started meeting in 2003, had been disbanded.
The Beautification and Improvement Committee of Carpentersville called it quits late last year after organization president Nancy Moore learned she was expecting a fourth child.
No news has been posted to the group’s web site since November 10, 2006, and no new meeting agendas have been posted since July 2007.
“Since I cannot continue as president, we decided to put it aside,” said Moore, a former village trustee. “If someone wants to resurrect it, then they could take it up or we can start it up in several years.”
It seems that there is now renewed interest in resurrecting it. A copy of an invitation to the next meeting of the “BICC” — this Wednesday, January 9th, 7pm — was forwarded to Carpentersville Action Network.
Village President Bill Sarto sent the original invitation which read, in part:
As a member of this valuable committee and the Village President, I would like to extend to all of you an invitation to attend this meeting to select a new President and to continue the good work that the committee has begun. Thank you for your past support and I look forward to seeing you on Wednesday evening.
On the committee’s web site, it is described (in part):
BICC is a community based grass roots organization founded primarily to further the common good and general welfare of the people of Carpentersville. BICC is a non-profit, incorporated, charitable entity that relies on its organization of volunteers and fundraising activities to effect civic improvements for the city of Carpentersville.
BICC mentions two things that may be encouraging to residents:
1. It is “independent of municipal government”. Translated, it is not an official committee of the Village of Carpentersville, but rather a “community-based” organization.
2. “BICC is involved solely with promoting public welfare and is not involved either directly or indirectly with participation or intervention in political campaigns on behalf of or in opposition to any candidate for public office.“
Refreshing.
Last fall, the group of volunteers landscaped the retaining wall at the southeast corner of Route 31 and Main Street, known as the Ivy Wall Project.
I know that things have been somewhat quiet on the blog for a few days … but, its a good quiet … I promise.
I thought I’d give just a little update to let folks know that I’m still here and still working toward some information that will be posted in the near future.
One bit of blog news is that sometime in the early hours of Sunday morning, the blog surpassed 30,000 views. “Let’s talk blogging” was clicked into over 200 times in the 4 1/2 days since it was posted. In the 10 days since it was posted “Confirmed: Trustees held meetings improperly” has been clicked into 300 times, holding the top spot of posts for the past 30 days.
I want to thank everyone for their support in this endeavor. I means a lot to know that you are out there reading and helping make an impact in the community.
Some are working overtime to discredit me and the people participating on the blog. (Yes, there are more than just two or three people making the comments.) We read in the paper that at least two trustees have held meetings twice a month (in addition to the regular meetings of Fox Valley Citizens for Legal Immigration) since January 2007 to prepare and plan for each regular Village Board meeting. Regular readers of Carpentersville Action Network have also witnessed a seemingly concerted effort to silence this blog.
The question remains … why? What is it that they are trying to protect?
I’ve been asked that very question about my anonymity. I think the answer to that should be fairly obvious from the efforts that are being put in against this site, not to mention the threats, even beyond the meritless ones made to sue for defamation. My anonymity began with the motive of keeping opinions on this blog from being visited on my daily life. Now added to that is some concern for my safety and that of those around me.
As I am looking back over the meetings, statements made and actions taken in the last 3 years … particularly with regard to President Sarto and Trustee Ramirez-Sliwinski (especially now that we know some more about some of the actions other trustees were taking behind the scenes) … I am seeing a trend emerge that seems wary of those two being in office.
I’ll have more to say on that in the future, as I said. But I want to leave you with this question to seriously contemplate …
Why has there been all the posturing and maneuvering going on, starting from the pre- and post-election shenanigans that went on shortly after the election in 2005?
Protections for anonymous speech are vital to democratic discourse. Allowing dissenters to shield their identities frees them to express critical, minority views . . . Anonymity is a shield from the tyranny of the majority. . . . It thus exemplifies the purpose behind the Bill of Rights, and of the First Amendment in particular: to protect unpopular individuals from retaliation . . . at the hand of an intolerant society.
[Justice Stevens, providing the majority opinion of the U.S. Supreme Court, McIntyre v Ohio Elections Commission.]
In the past few weeks, I have received numerous threats of lawsuits being filed in order to determine my off-line identity.
Why are they so bound and determined to discover my identity? For purposes of silencing criticism and potentially exacting retribution.
Some people don’t like bloggers who use pseudonyms (aliases) or those who blog anonymously (using no name at all). Regardless of what anyone thinks about anonymous or pseudonymous speech, it is protected by the First Amendment.
It has also played an important role in the history of our country. The Founding Fathers used pseudonyms for the publication of their revolutionary arguments, such as in The Federalist Papers. Alexander Hamilton, James Madison and John Jay wrote under the pseudonym, “Publius”.
In McIntyre v. Ohio Elections Commission, U.S. Supreme Court Justice Clarence Thomas offers several other examples of the role anonymous or pseudonymous speech has played in history to support the intent of the First Amendment protections of speech.
More commonly known, Samuel L. Clemens wrote under the pseudonym “Mark Twain”, challenging culture in a way that has gone well beyond his generation.
Recently, cases have been brought against anonymous bloggers and anonymous pamphleteers. In many of the cases, those who are being criticized or exposed go to great lengths to silence or discredit the source of the information. However, when those tactics fail — as those that are trying against this blog — they turn to threats of legal action, or to initiating legal action in an attempt to at least discover the identity of the person so that they may take more direct action — even when they know their case will not stand up in court.
My own experience on the receiving end of these tactics is one of the very reasons why I chose — and continue — to write under a pseudonym. What I write about is not popular with those who have had something of a stranglehold on Carpentersville for the past decade or longer. Being able to stay in power is not something that comes easily. So, if anything were to threaten that, it would likely not be taken lightly. This is the motive that compels me to write under a pseudonym.
So, will the law allow discovery of a blogger’s identity through the mere filing of a lawsuit? The short answer is no.
In the case of public figures — which those who Carpentersville Action Network addresses are — the bar for a defamation suit is high. Recent cases such as Doe v Cahill have set forth that a summary judgment standard, not a good faith standard, be applied which “appropriately balances one person’s right to speak anonymously against another person’s right to protect his reputation.”
In Doe v Cahill, the Court found that the plaintiff, Patrick Cahill, a city councilman of Smyrna, Delaware failed to meet the standards required by the First Amendment to unmask an anonymous critic. Summary judgment is a high standard, particularly in cases of anonymous speech because unmasking an anonymous critic is on par with the court finding in favor of the one seeking the person’s identity.
Just before Christmas, a New Jersey Court quashed an attempt to reveal the identity of an anonymous blogger who was critical of county officials, and whom they say libeled them.
On December 21, 2007, Superior Court Judge Terence Flynn granted EFF’s motion to quash the Township’s September 26th subpoena seeking the identity of datruthsquad and denied a motion by the township to authorize future subpoenas, finding that the subpoena amounted to “an unjust infringement on the blogger’s First Amendment rights” and that the blogger “has a right not to be drawn into the litigation.”
Bloggers do have rights to free and anonymous speech granted by the First Amendment. Of course, that does not mean that a blogger can say anything he/she wants. But, the Courts are looking seriously at the new frontier of the Internet, particularly in the case of political speech.
Protections for anonymous speech are vital to democratic discourse.
Companies that provide Internet access, host blogs, etc are required by federal law to provide notice when a request is made for an individual’s data. Failure to do so could result in a suit being filed back against the ISP or other similar organization that could result in payment of damages, in addition to legal fees. So, it is in the best interest of these companies to notify subscribers or users that their data has been requested, particularly with the decisions that continue to be handed down regarding the rights of those publishing and discussing information on the Internet.
Bloggers do not have free reign, however. They must be responsible in the information that they publish (as this site has worked diligently to do — even removing a posting when additional backing information that was promised was not received) — although there is also protection from prosecution for statements made by others (see Section 230).
Quoting again from the decision of McIntyre v Ohio Elections Commission …
The right to remain anonymous may be abused when it shields fraudulent conduct. But political speech by its nature will sometimes have unpalatable consequences, and, in general, our society accords greater weight to the value of free speech than to the dangers of its misuse.
Due to the New Year’s holiday, the Village Board meeting that would normally have been held on the first Tuesday of the month, will be held tonight at 7:30pm at the Village Hall Board meeting room.
The agenda for tonite’s meeting, which contains no new business, can be found here.
Could it be that some are actually starting to listen to what I like to refer to as “the third side” on the topic of illegal immigration? You know, “the third side” … those who oppose illegal immigration, but understand that piece-meal approaches at the state and local levels is not a good solution.
Today’s Courier-News expresses an editorial view that there are “No shortcuts to fixing problem of illegal immigration” by pointing to Arizona’s recent actions to deal with the illegal alien population in that state.
Combine [an Arizona] crackdown on employers [through tougher employer-sanctions] with aggressive enforcement by police and sheriff deputies at the local level and you can see why economists, immigration lawyers and others agree that some illegal immigrants are packing up and leaving Arizona. Some are going to other states, and others are headed home to Mexico.
Of course, as some have pointed out in the past, there are no hard statistics, beyond estimates, on the number of illegal aliens in our country (let alone in our town). Therefore, it would be difficult to say where exactly they are moving to. The likelihood is that, of those that are leaving, most are moving to other states.
[F]leeing to neighboring states doesn’t solve anything. It just moves the pieces on the chessboard. Adios, Arizona; hola, Colorado, Utah or Iowa.
Neither does fleeing to neighboring towns, when local governments, such as Carpentersville and others, take on the near impossible task of creating their own immigration laws.
There are no shortcuts. Putting an end to illegal immigration requires a comprehensive approach that combines border and workplace enforcement, tamper-proof identification cards, new and expanded avenues for legal immigrants, guest workers and other initiatives.
State and local governments can contribute in establishing these things, but they cannot act in isolation.
Putting all that together is the job of the federal government.
Which takes us to the Letter to the Editor of Dr. Jospeh Rosenfeld, an Elgin resident.
Dr. Rosenfeld makes several pertinent observations about the issues of illegal immigration, but none are so elucidating as the following two points.
First …
When the anti-immigrant folks start checking on the legal status of the people who roof their homes, tend their lawn, shovel their walk, bus their tables, pick their vegetables, slaughter their meat and string their cable TVs, then they can insist that the city of Elgin waste my tax dollars doing the same thing.
Obviously some of these things come from outside the local area and even the state … so it must fall to the federal government.
Second, and more important …
The anti-immigrant folks fall into three categories. First are the manipulators, opportunists and haters. This group will use the immigration issue to further their own agendas and will use anyone else they can to further their aims. Immigration is just their issue of the moment. At other times, it is taxes, terrorism, drug dealers, the poor, the sick or other minorities.
The second group consists of those who are fearful of losing what little they perceive they have — those who never attained their dreams or who feel that opportunity has slipped away from them. They are looking for someone to blame, and the opportunists above are more than happy to promote a scapegoat.
Finally, there are those who just dislike change. Different people with different customs, who speak a different language, or who have signage designed just for them. This group will also be manipulated by those cited above.
That pretty much sums up where I’ve seen most everyone standing on the issue from the “anti-immigrant” side. In the Village of Carpentersville, one trustee went so far as to say that said ordinances and resolutions on illegal immigration were relevant to Carpentersville “because we have a 45% Hispanic population.” Which group do you think she falls into?
I would urge my fellow citizens to avoid being used by the haters and manipulators. They are not interested in you, just in themselves and their agenda. Let’s turn them away as we always have, and keep our country the greatest in the world.
Hear hear!
And, finally, some have accused me of not looking at news across the country because I focus on what is being said and done in the area. But, I am and have been looking at what’s going on across the country — on the many sides of this issue. When those same points are raised by those in our area, I choose to focus on them, because they often bring those points home to address what is important to our community. Arizona and California and Texas and Pennsylvania may have similar points, but also have ones that are unique, just as we do. That is why I choose to focus here, with an eye and ear on the rest of the country.
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