Lying Jack Franks Dubbed "The Most Evil Kind of Political Servant"
At the 2:50:10 mark of the September 19th, 2017 special meeting called by some county board members Kirk Allen of Edgar County Watchdogs had this to say, and we agree 100 percent!
"Chairman, I understand you sent a letter to a board member basically accusing the individual of committing civil and criminal laws by inappropriately attending an executive session. That was an executive session of the McHenry County Mental Health Board. Mr. Chairman, it is not possible for a person to inappropriately attend an executive session and it is not a civil or criminal violation. If the chairman of that board permitted the citizen to enter into closed session to participate or just watch, the citizen has done nothing wrong.
In addition, numerous AG Opinions confirm county board members have a right to participate in closed sessions of the unit of county government, which the Mental Health Board is. In fact, on their own website, it points out the MHB is a special purpose unit of the county government. You all [county board members] have right to sit in those meetings, closed or open.
That being the case, there is no attorney client privilege violated as the County is the governing body. I suggest you [Lying Jack Franks] read some AG opinions on this matter.
In addition, as a unit of county government, they are required to be represented by the State’s Attorney, not by private legal counsel. That’s tax money being spent that shouldn’t be spent.
As far as OMA and closed sessions and release of information from closed session, I suggest before putting pen to paper like you did [Lying Jack Franks], and making a fool of yourself, frankly, read Illinois Appellate case Swanson v Board of Police Commissioners of the Village of Lake in the Hills. 'There is nothing in the Act that provides a cause of action against a public body for disclosing information from a closed meeting.'
Also read AG Opinion 91-001 'there is no provision in the Constitution or the OMA which expressly authorizes public bodies to sanction their members for revealing what went on during a closed meeting, and there is clearly no constitutional provision from which one may imply such powers.'
A citizen allowed to sit in a closed session can speak freely to anything that took place in that meeting. And you, nor the State’s Attorney has any cause of action against them. As a board member of the governing body, they too, have a right to be there, and as both the courts and the AG have stated, you have no cause of action against them for revealing what went on at those meetings.
You voted on the Reverse Auction Act when you were a legislator, a law that clearly saves taxpayer money. Can you tell me if, at all, or how many times this county has ever used the Reverse Auction Act? I’m going to guess none. I couldn’t find a single case.
As a former legislator, you are a perfect example of why this state is in the mess it’s in.
More often than not, you pass a law as a means of political grandstanding and when in a position to act upon the very law you voted in favor of, you ignore it. [Lying Jack Franks} You have no business being in charge of any unit of government.
Your history of intimidation through threats of criminal prosecution is all The People need to know.
You sir, are the most evil kind of political servant I’ve ever experienced.
One of self-promotion through misrepresentation of our laws and intimidation to the titles you hold.
We ask that you be charged for the alleged crimes referenced earlier and immediately resign from public office."