Excerpts from an editorial at IllinoisPolicy.org:
Yet it's now becoming a test case for one of Illinois' most unusual laws — one that allows a clear conflict of interest to exist.
The Local Governmental Employees Political Rights Act gives all public employees the right to run for public office in Illinois. If they win, they're expected — and often required — to leave their government job, to avoid being on both sides of the table during union negotiations.
This is why school district employees, like teachers, are not allowed to serve on their own school board in Illinois. But the law makes a special exception for firefighters.
One such firefighter, Christopher Scholl, is running for a seat on the Carpentersville Village Board. He’s one of six candidates vying for three open positions. Another candidate, Sara Miller, is married to a local firefighter.
Under this law, firefighters — and only firefighters — can hold elected office while still drawing a full-time salary negotiated by the very body they’re serving on. This exemption applies only to local governments. According to the law, “A firefighter who is elected to the Illinois General Assembly shall, upon written application to the employer, be granted a leave of absence without compensation during his or her term of office.â€
Meanwhile, members of the Illinois General Assembly are prohibited from holding other public jobs if their salary was increased during their term. They also can’t collect pay from two jobs for overlapping hours.
In Carpentersville, the conflict is obvious. Imagine Scholl, a full-time union firefighter earning over $100,000 annually, serving on the village board. Or his wife, Sara, who could be involved in decisions affecting the fire department she's married to.
As a board member, Scholl would effectively be his boss’s boss. The board oversees the village manager, who supervises the director of public safety, who in turn manages the deputy fire chief — the person who directly oversees firefighters like Scholl.
There would be nothing stopping him from voting to fire his own boss. He'd also have access to internal discussions about disciplinary actions and personnel matters within the fire department.
In union negotiations, he’d have a unique advantage, potentially negotiating his own pay and benefits. Though he claims he won’t vote on collective bargaining issues involving firefighters, he has expressed a desire to cut administrative roles and use those savings to hire more firefighters.
Morally, it's troubling. A public employee who benefits from government funds should not be deciding how those funds are spent. Especially in a town where nearly 20% of the budget — over $5.8 million — goes toward fire and emergency services.
With more than 30 full-time firefighters under a contract up for renegotiation in May 2016, allowing someone with a direct stake in the outcome to influence the process is a misuse of power. Illinois lawmakers need to close this loophole before it causes further issues.
Thanks, Dan
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