REPORT OF THE LITIGATION SUBCOMMITTEE

 

July 24, 2007

 

The Honorable,

The Board of Commissioners of Cook County

 

ATTENDANCE

 

Present:

Chairman Silvestri, Vice Chairman Quigley, Commissioners Beavers, Collins, Peraica and Suffredin (6)

 

Absent:

Commissioner Gorman (1)

 

Also Present:

Commissioner Butler; Patrick Driscoll – Deputy State’s Attorney, Chief, Civil Actions Bureau

 

Ladies and Gentlemen:

 

        Your Litigation Subcommittee of the Board of Commissioners of Cook County met pursuant to notice on Tuesday, July 24, 2007 at the hour of 2:00 P.M. in the Board Room, Room 569, County Building, 118 North Clark Street, Chicago, Illinois.

 

        Your Subcommittee has considered the following items and, upon adoption of this report, the recommendations are as follows:

 

287927

ROBERT D. BOYLE, Assistant Special State’s Attorney, presented by the Office of the State's Attorney, submitting an Order of Court for payment of $20,597.88 regarding appointment of Special Prosecutor, No. 2001, Misc. 4, for the following:

 

The Comptroller of Cook County is hereby ordered to pay interim fees to Assistant Special State’s Attorney Robert D. Boyle in the amount of $3,150.00, and to pay the sum of $17,447.88, for the total of the following expenses incurred by the Office of the Special Prosecutor for the month of May 2007.

 

1.   Services – Assistant Special Prosecutors                                         $ 2,540.00

2.   Office Rent                                                                                            4,514.54

3.  Leased Office Equipment, Furniture & Fixtures                                       808.78

4.   Telephone                                                                                                 432.63

5.  Office Expense                                                                                         176.79

6.   Office Salaries                                                                                       6,792.06

7.   Computer Maintenance                                                                         1,600.00

8.  Westlaw Legal Research                                                                         583.08

 

Said amounts totaling $20,597.88.  The Comptroller of Cook County is therefore ordered to issue payment to the Office of the Special Prosecutor in the amount of $20,597.88 (310-263 Account).  To date $6,613,574.30 has been paid.  Please forward the check to Patrick T. Driscoll, Jr., Deputy State’s Attorney, Chief, Civil Actions Bureau, for transmittal.

 

*Referred to the Committee on Finance on June 29, 2007.

*Referred to the Litigation Subcommittee on July 10, 2007.

 

Commissioner Suffredin, seconded by Vice Chairman Quigley, moved the approval of Communication Number 287927.  The motion carried.

 

288058

SUSPENSION OF PAYMENTS TO EDWARD J. EGAN AS SPECIAL STATE’S ATTORNEY AND ROBERT D. BOYLE AS CHIEF DEPUTY SPECIAL STATE’S ATTORNEY FOR ANY AND ALL FUTURE INVESTIGATIVE SERVICES PERTAINING TO COMMANDER JON BURGE AND MEN UNDER HIS COMMAND (PROPOSED RESOLUTION).  Submitting a Proposed Resolution sponsored by Earlean Collins, County Commissioner; Co-Sponsored by Forrest Claypool, Joan Patricia Murphy, Mike Quigley, Deborah Sims, Robert B. Steele, Larry Suffredin, Jerry Butler and Anthony J. Peraica, County Commissioners.

 

PROPOSED RESOLUTION

 

SUSPENSION OF PAYMENTS TO EDWARD J. EGAN AS SPECIAL STATE’S ATTORNEY AND ROBERT D. BOYLE AS CHIEF DEPUTY SPECIAL STATE’S ATTORNEY FOR ANY AND ALL FUTURE INVESTIGATIVE SERVICES PERTAINING TO COMMANDER JON BURGE AND MEN UNDER HIS COMMAND

 

WHEREAS, Cook County is a home rule unit of local government pursuant to Article VII, Section 6(a) of the 1970 Illinois Constitution, and as such may exercise any power and perform any function pertaining to its government and affairs; and

 

WHEREAS, on April 24, 2002, the Honorable Paul Biebel, Presiding Judge of the Criminal Division of the Circuit Court of Cook County, appointed Edward J. Egan as Special State’s Attorney and Robert D. Boyle as Chief Deputy Special State’s Attorney to investigate allegations that Area 2 Commander Jon Burge and Chicago Police officers under his command had systematically tortured scores of African-American citizens at Area 2 and 3 police headquarters; and

 

WHEREAS, the investigation conducted by Special Prosecutors Egan and Boyle consumed over four years and cost the taxpayers of Cook County approximately $7 million dollars to date; and

 

WHEREAS, in July 2006 Egan and Boyle submitted their investigative Report to the Cook County Board of Commissioners and concluded that although their investigation justified seeking indictments that they were barred from doing so by the Illinois statute of limitations; and

 

WHEREAS, the Cook County Board of Commissioners is accountable to taxpayers for the expenditure of their funds and at the last County Board Meeting of June 5, 2007 the County was still making court ordered payouts to the Special Prosecutors; and

 

WHEREAS, on June 13, 2007 the Criminal Justice Committee of the Cook County Board of Commissioners held a public hearing to discuss issues raised regarding their report; and

 

WHEREAS, the Chairman of the Criminal Justice Committee requested the appearance of Special Prosecutors Egan and Boyle at the June 13, 2007 public hearing and in a letter dated June 11, 2007 Special Prosecutors Egan and Boyle declined to appear; and

 

WHEREAS, it is unnecessary and futile to continue to utilize taxpayer funds for a supplemental report which would not lend itself to additional substantial information for the purpose of remedying the wrongs done by Commander Burge and those working under his command.

 

NOW, THEREFORE, BE IT RESOLVED, that the Cook County Board of Commissioners discontinue any future payments after July 10, 2007, to Special Prosecutors Egan and Boyle for any and all expenses incurred for the investigation of allegations of abuse by Commander Jon Burge and men under his command.

 

*Referred to the Litigation Subcommittee on July 10, 2007.

 

Chairman Silvestri noted that Edward J. Egan, Special State’s Attorney, and Robert D. Boyle, Deputy Special State’s Attorney had been invited to the meeting but were not in attendance.

 

A letter dated June 28, 2007, and addressed to Commissioner Collins from Mr. Edward J. Egan and Mr.  Robert D. Boyle was entered into the record.

 

Commissioner Suffredin, seconded by Commissioner Peraica, moved to amend Item 288058 by inserting the words “after July 10, 2007” after the word “payment” in the last paragraph.

 

Commissioner Collins, seconded by Commissioner Peraica, moved the approval of Communication Number 288058 as amended. The motion carried.

 

Vice Chairman Quigley moved to adjourn the meeting, seconded by Commissioner Suffredin.  The motion carried and the meeting was adjourned.


 

 

YOUR COMMITTEE RECOMMENDS THE FOLLOWING ACTION

WITH REGARD TO THE MATTERS NAMED HEREIN:

 

Communication Number 287927                                           Approve

 

Communication Number 288058                                           Approve as Amended

 

 

 

 

Respectfully submitted,

Litigation Subcommittee

 

 

 

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Peter N. Silvestri, Chairman

 

 

Attest:

 

 

 

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Matthew B. DeLeon, Secretary