Danville, IL. (ECWd) –
Career Politician Darren Duncan, candidate for Illinois’ 15th District for Congress, is a walking violation of the Illinois Public Officer Prohibited Activities Act.
Of course, the Vermilion County Board is also no stranger to alleged illegal activity because the State’s Attorney’s have not been willing to prosecute flagrant violations of law within the Board, where if found guilty would be Felonies.
Now comes Darren Duncan, who transitioned from Vermilion County Board member to Vermilion County Treasurer in direct contradiction to the law.
When the former Treasurer resigned, then-County Board Member Duncan was present at the meeting to fill the vacancy, was voting at the meeting, and was recommended for appointment to the vacant position of Treasurer of Vermilion County. Duncan “abstained” from this vote, but voted on other measures both prior to and after this vote. See page 4 of the meeting minutes (here).
Duncan essentially voted to self-deal a higher paying government job.
An abstention, in this case, is in fact a vote which carries with the majority – meaning he actually voted in favor of his own appointment to County Treasurer – a violation of law not only for the vote but also for not resigning prior to the vote. Read a legal paper on the “Prosser Rule” or the Supreme Court case defining the effect of an abstaining from voting when a conflict of interest is involved (here).
The Illinois Election Code, Section 25-11, requires a vacancy in the office of Treasurer to be appointed by the Chairman within 60 days, with advice and consent of the county board.
The Public Officer Prohibited Activities Act, Section 1, prohibits county board members from being appointed to any office other than chairman of the board or regional planning commission, by appointment or election of the board of which he or she is a member, unless he or she first resigns from the office of county board member or unless the holding of the other office is authorized by law.
Section 4 of the same act prescribes violations of the Act as Class 4 felonies and the office being declared vacant.
If he cannot follow this simple law as a county board member, how can we expect him to follow the law in the United States Congress?
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Toben BrownPosted at 20:10h, 12 March
The vote was 26-0. I think you are getting a little picky about your complaints. I’m sure you violate a couple dozen traffic laws, technically, every time you drive away from your house. But dimming your lights 498 feet before an oncoming car isn’t something you want a ticket for now is it?
jmkraftPosted at 20:43h, 12 March
When violations of a statute prescribe a penalty of a felony, it hardly equates to a traffic ticket. It does not matter what the vote was.
Sandra LawlyesPosted at 20:25h, 12 March
Am I understanding the article to imply that the State’s Attorney was notified of this illegal appointment and did nothing about it?
Toben BrownPosted at 20:50h, 12 March
Sir, I was not equating the two. I was pointing out that there are multiple ways to violate the letter, not the spirit, of the law. This was hardly nefarious which is clearly, CLEARLY, obvious given the unanimous total as well as the abstintion by Mr. Duncan. My point was if you are looking for perfection in every single point of law, you are not going to find it in the practical world.
Kirk AllenPosted at 22:08h, 12 March
When the legislature spells out a very specific penalty for the very thing they did and declare it to be a felony, its clear there intent was to have this law enforced and not excused away as some minor violation of the law. If the laws are not going to be enforced then get rid of them.