Former county chief civil assistant faces scrutiny
October 17, 2012
Editor’s Note: Farrell, despite repeated attempts, could not be reached for comment. The Northern Star will continue to try to reach him.
Allegations have surfaced regarding the Friday resignation of John Farrell, former DeKalb County chief civil assistant.
Farrell is facing claims brought forward by Richard Schmack, the Democratic candidate for DeKalb County state’s attorney. Schmack claims that Farrell should be charged with official misconduct following his actions in regard to the Hackett Trust zoning case, which was settled in late 2011.
Clay Campbell, DeKalb County state’s attorney, did not return messages to the Northern Star as of press time. However, according to a Wednesday Daily Chronicle article, he said he had no comment on “the unsubstantiated speculation of Mr. Schmack.” The Daily Chronicle also states that Campbell said, “I think it’s unfortunate Mr. Schmack is attempting to use this issue to further his political campaign.”
Letters and memos provided to the Northern Star by Schmack show he apparently reached out to Farrell on Sept. 19, 2011, in hopes of reaching a zoning agreement following a Sept. 6, 2011, court judgement in the Hackett case. The decision stated that Schmack won his clients the right to build on a tract of land. Farrell, representing DeKalb County and the DeKalb County Board, had the right to appeal this decision should the county board choose to do so.
The circuit court’s database for civil case 08MR280 shows an agreed order between the parties was reached on Oct. 12, 2011. The agreement states Schmack would agree to certain zoning restrictions the county had asked for.
In return, Farrell was not to file an appeal of the court’s decision, according to Schmack; this is not shown in the agreement.
A letter between Planning Director Paul Miller and DeKalb County Administrator Ray Bockman, published by the Daily Chronicle Wednesday, states that Farrell told Miller on Oct. 10, 2012, that he intended to file an appeal.
According to the letter from Miller, Farrell expressed surprise at what Schmack had said to Miller; Miller also wrote that Farrell said he “has been working on the…appeal for many months.”
Schmack said Farrell’s misconduct can be determined by state laws 720 ILCS 5/33-3 (a) and 720 ILCS 5/33-3 (b). (A) describes an intentional failure to perform a duty someone is legally obligated to do, and (b) describes someone doing something they know they are forbidden are to do.
According to Schmack, Farrell failed to convey information to the county, violating (a). Schmack said Farrell also agreed to not appeal without the approval from his client, DeKalb County, to settle a case, which Schmack said violates (b). However, according to the letter from Miller to Bockman, Farrell has said he did not agree to not file an appeal in the case and did not sign off on the Oct. 12, 2011, agreed order in the case.
In a Friday letter from Bockman to Campbell, Bockman said his office “can no longer maintain any level of confidence in [Farrell’s] ability to represent the County’s interests in any capacity.” The letter then states that “court records reveal that in fact this case was settled a year ago, and that no appeal was ever filed.”
Schmack said Farrell has made a lot of excuses as to why this confusion has taken place. In the Miller letter, and in the documents Schmack provided, Farrell is reported as saying either he was ill or his wife was ill when the agreement and settlements took place.
According to the letter from Miller to Bockman, Farrell is reported to told Miller that his wife, Kathy, died in January 2012. A woman named Katherine Kamka, who was listed as living at Farrell’s address, voted in the March 2012 primary election, and her voter application was numbered 62, while Farrell’s was numbered 61 by an election judge on election day, according to voting applications provided to the Northern Star by DeKalb County Clerk John Acardo.
According to Acardo, there is no death record for the Katherine Kamka listed as living with Farrell.
“Our office confirmed that there is no death record for Ms. Kamka through the Illinois Department of Health’s Statewide Death Record database,” Acardo said. “We verified this through identification marks, those being her social security number, driver’s license number, date of birth and name.”
Editor’s Note: City Editor Joe Palmer contributed to this article.