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TO: Aurora City Council
FROM: Alayne Weingartz, Corporation Council
DATE: April 21, 2015
SUBJECT:
A Resolution Formally Censuring Alderman Lynne M. Johnson
PURPOSE:
I was directed by the City Council at their meeting of April 14, 2015 to acquire the certified record of the Circuit Court involving Alderman Lynne Johnson's retail theft charge, which is attached. In order that the Council may take action, the item must appear on the agenda for the City Council meeting on April 28, 2015, therefore I have created the attached draft Resolution for the Council's consideration at the next City Council meeting.
BACKGROUND:
The certified records from the Circuit Court which show that in August of 2013, Alderman Johnson was arrested for retail theft of various grocery and beauty items from the Meijer Store on Route 59 and located in her Ward. These records show that the Alderman plead guilty to this offense in September, and was granted "Supervision." Subsequent to these acts, the Alderman did not bring to the attention of anyone at the City of Aurora the facts surrounding her guilty plea.
DISCUSSION:
These acts on the part of Alderman Johnson could be deemed by the Council as to have brought disrepute upon the Aurora City Council, and to have violated the public trust placed in Alderman Johnson as the Alderman of the Tenth Ward. The Council may therefore choose, through this Censure Resolution, to formally and publicly condemn the Alderman's actions, both the retail theft itself, as well as her violation of her fiduciary responsibility to report her actions to the City of Aurora thereafter.
RECOMMENDATION:
That the City Council review the attached certified records, the attached Resolution Formally Censuring Alderman Lynne M. Johnson, and take action as they see fit.
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution Formally Censuring Alderman Lynne M. Johnson Due to Retail Theft in Her Ward and Concealment Thereof.
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, certified records from the Clerk of the Circuit Court of Kane County, Illinois have been provided by Aurora's Corporation Counsel, showing that Alderman Lynne M. Johnson, while Alderman for the Tenth Ward, was arrested on August 18, 2013 for retail theft at the Meijer retail store located in the Tenth Ward; and
WHEREAS, certified records from the Clerk of the Circuit Court of Kane County, Illinois have been provided by Aurora's Corporation Counsel, showing that Alderman Lynne M. Johnson, while Alderman for the Tenth Ward, plead guilty to the charge of retail theft on September 3, 2013, thereby admitting to this criminal conduct, tending to reflect on her character in a manner unbefitting an elected alderman in the City of Aurora; and
WHEREAS, as an elected member of the City Council of the City of Aurora, the above described actions of the sitting alderman for the Tenth Ward have harmed not only the Meijer store located in her Ward, but likewise violated the public trust, and has caused disrepute to be brought upon the City of Aurora, in violation of Alderman Johnson's common law fiduciary duty and in violation of her sworn Oath of Office; and
WHEREAS, Alderman Lynne M. Johnson concealed the above recited actions from the City Council for over 19 months following her arrest, which likewise violated her common law fiduciary duty and violated her sworn Oath of Office; and
WHEREAS, the City Council of the City of Aurora, Illinois believes it is reasonable and appropriate for the Council to formally condemn the above recited actions of Alderman Lynne M. Johnson by way of a formal censure.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows:
Section One: Censure: The Mayor and City Council hereby publicly censure Alderman Lynne M. Johnson for her illegal, unprofessional, and irresponsibly damaging conduct which is completely contrary to the values of the Mayor and the Council of the City of Aurora, as well as the values of the Aurora community at large.
Section Two: Disavowal: The Mayor and City Council firmly disavow the conduct and the lack of responsibility Alderman Johnson has shown in this matter.
Section Three: Public Posting: A copy of this Resolution shall be publicly posted at the public posting message board at City Hall. In addition, a copy of this Resolution shall be posted on the City's website.
Section Four: Effective Date: This Resolution shall be in full force and effect immediately upon passage and approval by the City Council of the City of Aurora.