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HomeMy WebLinkAboutSpecial Counsel Determination - Bess Complaint 1 4906-1719-9489, v. 1 350 North Clark Street Second Floor Chicago, Illinois 60654 312-528-5200 www.elrodfriedman.com Steven M. Elrod 312.528.5191 steven.elrod@elrodfriedman.com Brooke D. Lenneman 312.528.5195 brooke.lenneman@elrodfriedman.com Date: December 12, 2025 To: Cc: Stephanie Mendoza, City Clerk Ashley Jackson, Ethics Board Member Guy Selch, Ethics Board Member Toby Sachs, Ethics Board Member Megan Bess, Complainant Candance Chow, Respondent From: Elrod Friedman LLP, Special Ethics Counsel Re: Determination of No Jurisdiction and Cause (“Determination”) Ethics Complaint filed October 14, 2025, by Megan Bess (“Complaint”) The City of Evanston’s Ethics Code is codified as Chapter 10 of Title 1 of the Evanston City Code (“Ethics Code”). The Ethics Code sets forth ethics rules and regulations applicable to City staff and elected and appointed officials. The Ethics Code also establishes a procedure by which alleged violations of the Ethics Code may be reported, investigated, prosecuted, and resolved by the City’s Special Ethics Counsel and the City’s Ethics Board. The Complaint was officially submitted to our law firm, in our capacity as the City’s duly appointed Special Ethics Counsel, for a determination of jurisdiction and cause pursuant to Section 1-10-10(E) of the Ethics Code. A copy of the Complaint is attached to this Determination as Attachment 1. We have reviewed the Complaint, performed an initial investigation, and, for the reasons set forth below, determined that no jurisdiction or cause exists sufficient to prosecute a charge for a violation of the Ethics Code. I. Summary of Formal Complaint The Complaint alleges that the Respondent (1) is not qualified to be a member of the Finance and Budget Committee (“Committee”) because she does not have financial expertise and because she served on the D65 school board and participated in the decision to hire the former D65 superintendent; and (2) was appointed to serve on the Finance and Budget Committee “as a thank you for donating to [Mayor Biss’] congressional campaign.” 2 4906-1719-9489, v. 1 II. Background Mayor Biss recommended that the City Council approve the appointment of the Respondent and two other City residents to the Committee. On September 29, 2025, the City Council approved the appointments during its regularly scheduled meeting. According to Federal Election Commission website, the Respondent contributed $2,500.00 to the Biss for Congress campaign on June 30, 2025. III. Determination The Complaint does not cite specific provisions of the Ethics Code that the Respondent is alleged to have violated. We reviewed the City Code and the Ethics Code and determined the section(s) that are most applicable. The Complaint first alleges that the Respondent was not qualified for the position on the Committee. Section 2-20-2 of the City Code provides that the three City residents appointed to the Committee must have held a finance position for at least two years. Section 1-10-10 of the Ethics Code provides for the review of formal ethics complaints by the Special Counsel. Subsection 1-10-10(D) directs the Special Counsel to review formal complaints and determine whether sufficient facts exist to constitute a violation of the Ethics Code. Section 2-20-2 of the City Code is not in the Ethics Code and, therefore, is not within the Special Counsel’s jurisdiction. We reviewed the Ethics Code and did not identify any provision that would apply to this allegation. The Complaint also alleges that the Respondent obtained the appointment as a “thank you” from Mayor Biss for a contribution made to his congressional campaign. We reviewed the Ethics Code and the Complaint and Section 1-10-4(F)(2)(e) of the Ethics Code is the provision that is most applicable to the allegations in the Complaint. Section 1-10-4(F)(2)(e) of the Ethics Code prohibits a covered person from requiring “any other covered person to make any campaign contribution whether in money, in time, or through the provision of any goods or services in consideration for the continued employment or advancement of the covered person.” Section 1-10-4(F)(2)(e) of the Ethics Code applies to a covered person who requires the campaign contribution in consideration for the advancement of the covered person, not the person who made the contribution. Therefore, even if a violation of Section 1-10-4(F)(2)(e) existed, the Respondent would not be the covered person liable for the violation. Assuming, arguendo, the Complaint was filed against Mayor Biss rather than the Respondent, we still would not find sufficient facts to support moving forward with a violation of Section 1-10-4(F)(2)(e). Section 1-6-5 of the Evanston City Code (“City Code”) empowers the Mayor to make appointments to boards, commissions, and other agencies only as provided by statute or authorized by the City Council. Many of the provisions establishing the City’s boards, commission, and committees explicitly authorize the Mayor to appoint their members. See e.g., Sections 2-1- 1, 2-3-2, 2-6-2, 2-13-1, 2-14-25. Unlike those provisions, Title 2, Chapter 20, which establishes the Committee and provides for its membership, does not authorize the Mayor to appoint the members of the Committee. Thus, it is our interpretation that the City Council, and not the Mayor, has the power to appoint the members of the Committee. 3 4906-1719-9489, v. 1 The Respondent made a campaign contribution to Mayor Biss’ congressional campaign, but, it was the City Council that actually approved her appointment to the Committee.1 Since Mayor Biss did not have the authority to directly appoint Committee members or a vote on the appointment of Committee members, he could not have plausibly promised to exchange the campaign donation for the position. Furthermore, no evidence or facts were provided to support a finding, nor does the Complaint even allege, that Mayor Biss required the Respondent to make the campaign donation in order to secure his mere recommendation. We have independently reviewed the Complaint, the record, and the Ethics Code and, based on the foregoing, we have determined that there is no jurisdiction or cause to prosecute an Ethics Code violation based on the allegations set forth in the Complaint. 1 Mayor Biss did not vote on the approval of the appointments. See, Minutes of the September 29, 2025 City Council meeting. 4 4906-1719-9489, v. 1 ATTACHMENT 1 COMPLAINT Formstack Submission For: Inquiry-Complaint Form Submitted at 10/14/25 9:29 AM My Name: Megan Bess My Street Address: 2318 Hastings Avenue Evanston, IL 60201 My Contact Phone Number: (312) 415-2525 My Email Address: meganbess@gmail.com Name: Candance Chow Position or Job Title, if known: membership on Finance and Budget Committee Department or Board/Commission Name: Please describe the facts that you believe constitute a violation of the City of Evanston Code of Ethics in sufficient details to enable the Board of Ethics and the person who is the subject of the inquiry to understand the nature of the alleged violation. Provide as many details as possible, including names, approximate dates. If possible, please provide citations to the applicable Code of Ethics section that you believe may have been violated. Add extra sheets if needed and attach copies of any pertinent documents. A copy of this Ms. Chow does not have finance expertise, as required to serve on this committee. Her record on the D65 school board should disqualify her from any so called expertise, as she hired behind closed doors, and then defended that process as having "great merit," a superintendent who stole from the district and has since been indicted. Furthermore, it has been widely reported in community circles that Mayor Biss appointed her to this as a thank you for donating to his congressional campaign. Has anyone investigated this? inquiry/complaint will be sent to the person who is the subject of the inquiry/complaint and may be available to the public.: File: Signature: View Signature Date: Oct 14, 2025 © 2025 Intellistack (formerly Formstack). All rights reserved. This is a customer service email. Intellistack, 50 South Steele Street, Suite 500, Denver, CO 80209