There’s no love lost between State’s Attorney Kevin Lyons and Peoria Mayor Jim Ardis. Ardis supported Darin LaHood in the last State’s Attorney election and had some critical things to say about Lyons during the campaign.
Well, now the Journal Star reports that Mayor Ardis “may have committed a misdemeanor and subsequent felony by using what appeared to be official city stationery recently to request campaign donations on behalf of a judicial candidate, State’s Attorney Kevin Lyons said Wednesday.” Ardis stated that “he paid for the copies, envelopes and postage and the city letterhead was from a Word document on his home computer,” and so he thought he was complying with the law by not using city resources for campaign purposes.
Not so, according to the Journal Star. A City ordinance “prohibits city employees from engaging in ‘any prohibited political activity during any compensated time … [City] employees shall not intentionally misappropriate any [City] property or resources by engaging in any prohibited political activity for the benefit of any campaign for elective office or any political organization.'” When the Journal Star told Ardis about this section, he is quoted as saying it “doesn’t pertain to elected officials.”
The ordinance in question is from Section 2-336 of the City’s municipal code, and frankly I can see Ardis’s point. There is no definition that I can find of “city employee.” Assuming there is none, we have to look for clues from the context. Here are the first two items under Section 2-336:
Sec. 2-336. Prohibited political activities.
(a) City employees shall not intentionally perform any prohibited political activity during any compensated time (other than vacation, personal, or compensatory time off). City employees shall not intentionally misappropriate any city property or resources by engaging in any prohibited political activity for the benefit of any campaign for elective office or any political organization.
(b) At no time shall any executive or legislative branch constitutional officer or any official, director, supervisor, or city employee intentionally misappropriate the services of any city employee by requiring that city employee to perform any prohibited political activity (i) as part of that employee’s city duties, (ii) as a condition of city employment, or (iii) during any time off that is compensated by the city (such as vacation, personal, or compensatory time off).
Now, I’m not a lawyer, but neither is Ardis, so let’s just look at this from a layman’s perspective. It would appear to me that there is a difference between “city employee,” “constitutional officer,” “official,” “director,” and “supervisor.” Section 2-266 and 2-267 indicates that Mayor is an “elected city officer.” I can find no reference to the Mayor as a “city employee.” So at best, this section’s application to the Mayor is tenuous.
But that won’t stop Mr. Lyons. He’s rattling his saber, saying that he could charge Ardis with a felony through some other legal hocus-pocus. Unless other evidence can be provided besides what was cited in the Journal Star, I’m not buying that Ardis actually broke the law here. This appears to be a politically-motivated non-event. Note that Ardis is Republican and is supporting a Republican judicial candidate, whereas Lyons is a Democrat.
Given Lyons’ reluctance to prosecute cases he has little chance of winning, I predict this one will not be prosecuted either.
Peoria Pundit – actually, a lot of people think there was no violation here. What part of this ordinance, in particular, do you think he violated? He didn’t use city materials, and he didn’t use city employees, which is all the law cited says. He IS the Mayor – whether you like it or not. Do you and Lyons and the PJStar have some magic powers? Show me the law, please!
“He’s a vast improvement over Dave “the Liar” Ransburg.”
Hardly.. he is more of the same.
“a lot of people think there was no violation here.’
It is just as true to declare “a lot of people think there was a violation here.”
“He didn’t use city materials”
The city letterhead and position of Mayor of Peoria belong to the City, not to any individual.
It’s is an amazing use of words. If I like a candidate, those that also like him are “supporters”. If I don’t like a candidate, those that like him are “apologists.” The “apologist” label is a farce.
What is the differemce between “apologist” and “supporter”? Depends on which side of the argument you are on….
District 150 Observer: A supporter supports someone. An apologist finds no wrong and makes excuses for bad behavior and incompetence. I hope this clears things up for you.
Ah there you go Billy, thanks for clarifying the meaning. In my New Peoria Edition of Funk & Wagnall’s dictionary; other definitions include:
2) A rapid supporter of a female 2nd District Councilmember;
What’s the word you’d use for a blogger than targets individuals and can find no good in what they do?????
I’m many things, but a shill (or apologist for Lyons is not one of them.
Hey if it walks like a duck and quacks like a duck. And if you don’t question the meaning of the simple English words I use, I won’t have to offer up a definition.
Show me: I know that a lot of people want to give Ardis a pass (I want him to get a pass, because I think this is a wrong-cover-on-the-TPS-report kinda violation) but it IS a violation, nevertheless.
And he should have KNOWN better. This isn’t his first rodeo.
Yeah, but people don’t use it that way. If people don’t like somebody, they call their supporters apologists. Very disengenuous.
substantive…political; moral…morale; judgement…judgment; apologist…supporter. It’s all good.
D150obsv.: Actually, people use “apologist” pretty much the way I did. But now we are just quibbling over semantics.
Just like Ardis.
I was sure someone was going to bring this up, but…..
When Ardis ran for mayor the first time, his campaign/platform sort of had an ‘Obamaesque’ feeling. Most voters felt that Ardis represented a ‘new’ kind of local politician. Peoria had enough of those elite big-business types who seemed more interested in impressing upon us their rather conservative values, than doing what was best for the city.
You all know what I mean…
Ardis did not seem the type who would cave-in to local ‘special interest’ pressure, etc. Well, it only took two terms as mayor for him to lose his spine and all control of his bladder. The way he handled [mishandled?] the entire museum affair, is just one example of why Ardis is no better than those illustrious men who preceded him as Mayor of Peoria…
Hell, the guy can’t go to the ‘can’ without, Ransburg, Maloof, or the like telling him what to do….
I’m thinking that the real problem most people have with Ardis, is not his latest political ‘indiscretion’, but the impression that Ardis has become nothing more than just another political sell-out…
New Voice, it just goes to prove the power in Peoria isn’t in office, it controls the political offices from without. (It is the same in Springfield, and in Washington.)
New Voice, you just piqued my curiousity. We have in our DVD archives past CAPtions shows, including those that feature candidates. I will have to hunt down the candidates forum where then-Councilman Ardis spoke on
why he should be elected Mayor…just to see if he said anything related to this issue.
Thanks Dennis, that should prove interesting.
to earlier commenter:
i have never worked in mr. lyons office. in fact, i worked on the opposite side of cases from his office. and from my experiences, i would not say he is lenient or ‘catch and release.’ quite the contrary. those that rail against plea agreements (as his opponent did in the last election) have never spent much time in criminal courts. it is the most efficient disposition of the case, and when a plea agreement is made, the SAO is taking responsibility for the case disposition (whether you like it or not). Making judges (who are not less techinically politically accountable, but in practice, have secure retention absent major issues and less accountable at the polls) decide all sentences would be an abdication of the SAO’s elected responsibilities.
all that said, the bar poll is what it is. Exaggerate its importance or downplay its importance, attack it as biased, hold it up as gospel – i dont care. show me something else that even attempts to objectively analyze judicial races. that the bar poll is the closest available shows that most people have never demanded anything more, but now are finally realizing the impoertance of electing/retaining judges. i am certainly in favor of more attention to these important races (and not by PACs that use ridiculous commercials and the general public’s ignorance to sway votes).
“Hell, the guy can’t go to the ‘can’ without, Ransburg, Maloof, or the like telling him what to do….”
Really? Do you have examples or are you just blowing crap?
Nontimendum,
If I have insulted a ‘friend’ of yours, all apologies….
I thought my reference to the museum WAS one example. We know the people I named in my post stick together. Anyway, maybe Dennis in Peoria will come up with something. In the mean time, don’t you have a couple hundred Aaron Schock posters to plant somewhere?
Nontimendum,
Tell you what…as a favor to you I have decided to remove the part of my original post you seemed to have had such a problem with. Now, do you think you might try being a little more…’civil?’ Any thoughts?
“I was sure someone was going to bring this up, but…..
When Ardis ran for mayor the first time, his campaign/platform sort of had an ‘Obamaesque’ feeling. Most voters felt that Ardis represented a ‘new’ kind of local politician. Peoria had enough of those elite big-business types who seemed more interested in impressing upon us their rather conservative values, than doing what was best for the city.
You all know what I mean…
Ardis did not seem the type who would cave-in to local ‘special interest’ pressure, etc. Well, it only took two terms as mayor for him to lose his spine and all control of his bladder. The way he handled [mishandled?] the entire museum affair, is just one example of why Ardis is no better than those illustrious men who preceded him as Mayor of Peoria…
I’m thinking that the real problem most people have with Ardis, is not his latest political ‘indiscretion’, but the impression that Ardis has become nothing more than just another political sell-out…”
So the latter is affirmed.
Only if you say so….
“I can find no reference to the Mayor as a “city employee.” So at best, this section’s application to the Mayor is tenuous. ”
Oh Please. Of course he is a city employee. What is your point?
Employees can be terminated/fired etc – elected officials can only be removed by the election process,in some cases felony convictions will also remove them.