Jay Stone and Patrick McDonough Ethic Complaint

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Submitted by Jay Stone May 22, 2019
Also Submitted by Patrick McDonough

Alderman Burke’s Improper Influence and Conflicts of Interest
This ethics complaint against Alderman Edward Burke is similar to the $2,000 Chicago Board of Ethics fine Alderman Burke recently received for “improper influence.” Previously Alderman Burke improperly presided over the Committee on Finance in a matter involving his law practice client named Presence. In this ethics complaint Alderman Burke repeatedly used improper influence on behalf of eight unions who hired him for legal services.

Alderman Burke provided legal representation for the eight unions listed in the table below. Next to the name of the union is the years Alderman Burke provided legal representation for the said union. Please note that we are awaiting a FOIA response for Alderman Burke’s 2011 through 2013 Statement of Financial Interest.

Union Name Years Alderman Burke Provided Legal Services to the Unions International Union of Operating Engineers 2013, 2014, 2015, 2018 Iron Workers Local 1 2013, 2014, 2015, 2016, 2018, 2019 Chicagoland Laborers 2014, 2015, 2016, 2017, 2018, 2019 Plumbers Local 130 2014, 2015, 2016, 2017, 2018, 2019 Carpenters 2017, 2018, 2019 Firefighters 2017, 2018, 2019 International Brotherhood of Electrical Workers 2019 International Brotherhood of Teamsters 2019
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At the December 12, 2007 City Council meeting, Committee on Finance Chairman Burke sponsored the ratification of collective bargaining agreements (CBA) between the City and thirty-four (34) unions (Click here and see December 12, 2007, Journal of City Council Proceedings, Committee on Finance Report, pages 17006-17010). Previously Alderman Burke chaired the Committee on Finance hearings on the CBAs. Alderman Burke also proposed the motion and voted to approve the collective bargaining agreements of all 34 unions at the full City Council meeting.

The unions whom Alderman Burke voted in favor of their CBAs at the December 12, 2007 City Council meeting and who became his private law practice clients are the Carpenters, Electrical Workers, Iron Workers, Operating Engineers, Plumbers, and Teamsters unions.

The 34 CBAs that Alderman Burke voted for in his Committee on Finance and in the full City Council remain in effect today. Furthermore, when Alderman Burke provided legal services to the Carpenters, Electrical Workers, Iron Workers, Operating Engineers, Plumbers, and Teamsters unions, the unions’ CBAs that Alderman Burke voted in favor of were still in effect.

At the July 30, 2014 City Council meeting, Alderman Burke voted to approve the Chicago Firefighters Union’s CBA (Click here and see July 30, 2014, Journal of City Council Proceedings, pages 86154-86155). The Firefighters’ CBA that Alderman Burke voted for was still in effect when Alderman Burke provided legal services to the union.

The Chicago Governmental Ethics Ordinance (GEO), 2-156-080, Conflicts of Interest; Appearance of Impropriety forbade Alderman Burke from providing the eight unions legal service while the CBA’s he voted on were still in effect. The unions’ hiring of Alderman Burke after he voted in favor of the CBAs gives the appearance that the unions paid Alderman Burke for legal services in exchange for his political influence and union contract support. Furthermore, the City and the unions will soon renegotiate
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their CBAs. Alderman Burke accepting money from the eight labor unions can be construed as unethical because these unions have impending CBA negotiations.

Alderman Burke’s Workers’ Compensation Conflicts of Interest

Alderman Burke administered the workers’ compensation claims for the members of all eight unions listed in the above table. Alderman Burke personally profiting from unions who have members with workers’ compensation claims before him is clearly a Chicago Governmental Ethics Ordinance conflict of interest. Alderman Burke received personal compensation from the unions at the same time he administered workers’ claims for members of those unions.

2-156-080. Conflicts of Interest; Appearance of Impropriety.
(a) No official or employee shall make or participate in the making of any governmental decision with respect to any matter in which he has any financial interest distinguishable from that of the general public, or from which he has derived any income or compensation during the preceding twelve months or from which he reasonably expects to derive any income or compensation in the following twelve months.

Alderman Burke listed on his 2013 through 2019 Statement of Financial Interests that he had a “financial interest” with the eight unions listed above. According to the GEO, Section 2-156-080 (a), Alderman Burke was prohibited from participating and making workers’ compensation decisions involving the members of the eight unions that hired his private law firm for legal business. Alderman Burke’s workers’ compensation decisions involving members of the Carpenters, Electrical Workers, Firefighters, Iron Workers, Laborers, Operating Engineers, Plumbers, and Teamsters unions violated GEO, Section 2-156-080 (a). It should be a separate ethical violation each time Alderman Burke administered a workers’ compensation case involving members of one of the eight unions who hired him for legal services.

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Alderman Burke’s TIF District Conflicts of Interest

During the last eight years Alderman Burke pushed through 78 tax increment financing districts (TIFs) through his Committee on Finance and the City Council. Each TIF agreement has a Prevailing Wage clause, such as the one below.

Prevailing Wage. The Developer, the General Contractor and all subcontractors must pay the prevailing wage rate as ascertained by the Illinois Department of Labor (the “Department”), to all persons working on the Project. All such contracts shall list the specified rates to be paid to all laborers, workers and mechanics for each craft or type of worker or mechanic employed pursuant to such contract. If the Department revises such prevailing wage rates, the revised rates shall apply to all such contracts. Upon the City’s request, the Developer shall provide the City with copies of all such contracts entered into by the Developer or the General Contractor to evidence compliance with this Paragraph D. (Click here and see April 18, 2018, Journal of City Council Proceedings, Volume 1 Committee on Finance Report, page 75125.)

The prevailing wage usually means union wage. Alderman Burke deliberately put prevailing wage clauses in TIF agreements to protect the unions who hired him for his legal services. If TIF agreements allowed developers to pay their construction workers less than the prevailing wage, then they it would be more likely that developers would hire non-union employees. Alderman Burke’s requirement that developers with TIF agreements pay employees the prevailing wage coerces developers to hire union workers, including the unions that payed Alderman Burke for his legal services.

Alderman Burke dual jobs of preparing and passing TIF district agreements requiring employees receive a prevailing wage and a private attorney for eight unions is a conflict of interest. Alderman Burke inserted the prevailing wage clause into TIF agreements as a means to benefit the unions who hired him for legal services and contributed to his
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political campaigns. Each time Alderman Burke inserted a prevailing wage clause into a TIF agreement and voted for it was a separate violation of Chicago’s ethics ordinance.

Chicago Mayor Lori Lightfoot Chicago Clout Demise?

The Honorable Mayor Lori Lightfoot

Many Chicago newspapers are giving Lori Lightfoot advice. Many Chicago media type are still giving Lori Lightfoot advice. I have covered many elections in my 30 years of political activism. I have made many friends that are lifetime pals. I have seen the worst in Chicago and I have fought hard against them. I have also had some major victories and many more defeats. Still, I never felt the same way for any candidate like I did for Lori Lightfoot. I am so happy for the future of Chicago and feel for the first time the thousands of hours exposing corruption had a winning day. A major victory of epic proportions. I still can not believe that all the folks in Chicago voted with such conviction. Amazing.

When Jay Stone and I filed a lawsuit against Mayor Rahm Emanuel and Alderman Edward Burke in January, long before the Chicago F.B.I. served up an arrest of Alderman Edward Burke, many lawyers in Chicago refused to take the case. They felt they would be subject to retaliation and black listing in the Chicago legal community. For many years, FOIA requests have been made to expose crooked Burke and all his machine goons stripping Chicago’s wealth for their personal benefit. Putting these numbers together would not have been possible without the brain power of Jay Stone and all the Chicago City workers that came together to expose the crime spree in Chicago. Two candidates came out and supported our efforts Lori Lightfoot and Willie Wilson. Reforming corruption in Chicago is not popular. This election was pure magic.

I look forward to victory Lori Lightfoot fought so hard for. I look forward to sharing her victory inauguration and the great honor I have been bestowed at that event. I look forward to cleaning up the mess left for all Chicago to fix. I have the greatest desire to see a victorious revival for all Chicago. I am grateful too all Chicago City Workers that wanted to reform Chicago all these years. While we have some unfinished business at Chicago Clout, I am certain Mayor Lori Lightfoot will change the tone of Chicago Clout, to a website that will expose all the good things about Chicago. Or shut down. The ghost of Harold Washington is upon us.

Chicago Department of Water Management State Rep. Fraud continues with Williams

The City of Chicago is known for in your face corruption and can not change. I was dumbfounded by the Sun-Times Article about Alderman Walter Burnett’s son-in-law. The Sun-Times failed to dig in deep enough into the real reasons why Jawaharial “Omar” Williams should not be the Illinois State Representative of the 10 District. “Jay” is just another uneducated laborer at the Department of Water Management. If you want a representative that digs ditches, unloads pumps, and prepares holes for Licensed Plumbers, he is your choice. Illinois needs educated leadership to fix Chicago and Illinois. Rahm Emanuel approved this concession to help Tommy “Twinkle toes” Tunney obtain votes for Committee on Finance Chair.

Jay was just promoted to “Caulker”, a nice massive pay raise. Next in keeping with Department of Water Management tricks, he would quickly be promoted to Assistant District Superintendent.  John “timesheet fraud” D’Amico is hidden downtown at the Jardine Plant and as Illinois State Representative and enjoys a wonderful double dipping job. No one except watchful folks know what John D’Amico does all day. The Chicago newspapers have been part of the cover-up for two decades.

The Sun-Times also forgot to mention Jay and Alderman Edward Burke’s close and cozy workers compensation fraud coalition. Jay was always getting hurt and on workers compensation while loafin at the Department of Water Management. Despite Jay receiving Maximum Medical Improvement and sent to Vocational Training, Jay somehow managed to return to work. Alderman Edward Burke, the DOWM Personnel Department, and Commissioners greased to the path and large settlement and bi-monthly payments. Burke barked the orders and Monica Somerville his loyal assistant complied.

When Whites pull this shit the Chicago newspapers say nothing, but when a black man wants a piece of the gravy train they say something. Amazing. Joe Ferguson should be investigating the Workers Compensation fraud with Mr. Williams, but he will not until Rahm Emanuel steps down. Joe Ferguson is an ambulance chaser after the newspapers reveal fraud.

Do Not Forget Jeremiah Kevin O’Driscoll Chicago

Did you forget Jeremiah Kevin O’Driscoll? I did not. A couple of years ago, I had the pleasure of working with Kevin. Years were days as we documented Kevin’s Workers’ Compensation case. Kevin was great because he was very vocal regarding the shit medical treatment he had thanks to Alderman Edward Burke and the Chicago Aviation Department. Kevin kept telling me what the painters were doing regarding the toxic chemicals they workers with and were breathing in and rubbing on their hands. Being a victim of injury while working for the City of Chicago is akin to a death sentence. Alderman Edward Burke took no bid venders money like it was going out of style. Burke never gave a damn about the people he was elected to protect.

I enjoyed hundreds of phone calls with Kevin. I do know how much he loved his son. I do not think Kevin was the same after his injuries. His body was destroyed. Many people have no idea of the side effects of prescription drugs given to injured City workers. Drugs are given to delay treatment and mask the true extent of injuries. Unless you saw the actual damage to Kevin’s body, you would have no idea how damaged he was. I was amazed at how many people went to Mr. O’Driscoll’s Mass at St. Juliana Church in Chicago’s Northwest Side. Please google Kevin O’Driscoll’s videos on YouTube.

I hope and pray the Chicago F.B.I. investigate the criminal way injured city workers are treated. I hope Rahm Emanuel and Alderman Edward Burke choke on the money they stole from the injured. Rest in Peace Kevin. I will never forget you.

Born February 15, 1960 Eternal Rest February 2, 2019