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Kane County names ethics advisor but pauses commission appointments for background checks
Summary
The county board approved Michael B. Weinstein as ethics advisor on June 8 but deferred final votes on five proposed ethics commissioners to the board's July meeting, directing staff to run fingerprint and criminal-background checks and collect references after members raised process and vetting concerns.
The Kane County Board approved Michael B. Weinstein on June 8 to serve as the county’s ethics advisor, a new position charged with answering ethics questions and helping the county implement an independent complaints process. The vote followed hours of discussion over whether the chair had followed the advisory process outlined in county code.
Why it matters: The ethics advisor and the separate five-member ethics commission created by a 2023 ordinance will be central to how the county handles allegations of misconduct by elected officials and county employees. Members pressed for stronger vetting because the commission will investigate complaints, issue written recommendations and can refer violations to the Kane County state’s attorney.
Board chair (identified in the record as Chair) nominated Weinstein after searching widely for a qualified attorney or jurist. Jamie Labbrillo, county staff, told the board that the ordinance does not require the advisor to maintain an active bar license; lab records indicate Weinstein is a retired attorney who is voluntarily inactive. Weinstein told the board he welcomed the responsibility and expects most of his work will be advisory.
Several board members, including Miss Gums and others, questioned the process used to select the advisor and the commission candidates. They cited county code language that allows a request-for-qualifications (RFQ) process and calls for Human Services Committee review of RFQ responses. Counsel and staff explained that the ordinance also gives the chair discretion to solicit candidates and that no RFQ responses were filed in this instance; that is why the committee review step did not occur.
The board approved Weinstein’s appointment and oath at the meeting. Because members asked for additional vetting for the five proposed ethics commissioners — and because of the commission’s investigatory powers — the board voted to postpone the commission appointments to the July 14 meeting and directed staff to collect standardized fingerprint checks, a nationwide criminal-background check and references for each proposed commissioner before the board votes. The postponement was adopted after a roll-call vote.
What the advisor does: Staff and counsel explained the ethics advisor’s role is advisory and distinct from practicing law for the county. The advisor answers pre-action questions (for example, whether a small gift can be accepted) and supports the commission as it develops procedures; the commission itself will conduct investigations and may issue disciplinary recommendations for the board to consider.
Next steps: Staff will return to the July 14 meeting with the background-check materials and references for the five nominees. If any nominee declines the vetting or is disqualified by the checks, the chair will continue the recruitment process.
Quote: "I hope that we'll be able to work very well with the ethics commission and with the state's attorney's office if need be," Michael B. Weinstein said after his appointment.
The vote: Michael B. Weinstein’s appointment as ethics advisor was approved by the board during the June 8 session. The five proposed ethics commission members were deferred for additional vetting and will be considered at the July 14 board meeting.
