EXECUTIVE SUMMARY: Alleged actions that led to the resignation of state Rep. Harry Benton have been described by House Speaker Emanuel “Chris” Welch as “outrageous, unethical, and unbecoming of a member of the Illinois House of Representatives.”
But just what those alleged actions entail — aside from what sources have confirmed to Capitol News Illinois include “sexual harassment” allegations — is not widely known.
Whether a legislative inspector general report detailing the alleged conduct ever sees the light of day is currently not clear. LIG Mike McCuskey, however, told Capitol News Illinois this week that there’s nothing preventing the Legislative Ethics Commission from ordering its release.
THE PROCESS WORKED? Gov. JB Pritzker and Welch were asked at an unrelated event on Monday whether the report should be released. Both seemed unsure if the report could be released given that Benton resigned, but Welch claimed that Benton’s resignation signified “the process worked.”
“This process had people come to my office, they trusted us to listen to them, they trusted us to have procedures in place that would protect them, protect their confidentiality, and we had a process in place that guaranteed due process of the accused,” Welch said. “That process played out, and an hour after I received the report, I called then Rep. Benton and demanded his resignation.”
Welch booted Benton from the Democratic caucus in February, then spent months declining to answer questions about why he did so. In April, he divulged that there were “victims” involved when pressed by reporters, declining to say more while saying he wanted to give Benton “due process.”
“I got to imagine that because he has resigned, they no longer have the authority to look into this further,” Welch said, referring to the LEC, which he said he would defer to on a decision regarding the release of a report.
But McCuskey confirmed that the LEC, an eight-member board comprised of an equal number of Democrats and Republicans from both legislative chambers, “still has the final decision on publication in full, in part or not at all.” Benton’s decision to resign doesn’t change that.
RESPONSE RECEIVED: McCuskey told Capitol News Illinois on Monday that Welch has responded in writing to his report detailing the findings of his investigation into now-former Rep. Benton, a Plainfield Democrat. Welch had 20 days to respond to McCuskey detailing corrective or disciplinary action imposed on Benton, who resigned on Friday under pressure from the House speaker.
His response sets in motion the next step in the process that could eventually lead to some level of disclosure of the findings that resulted in Benton’s downfall.
McCuskey, who received Welch’s response the same day he delivered the report to his office, has 30 days from that point to file a report with the LEC.
If McCuskey determines Welch’s action to be “appropriate and adequate,” he must detail to the LEC why he isn’t filing a complaint. The case would then be closed.
If, in the LIG’s judgement, the corrective or disciplinary action is not adequate, then he has to notify the LEC and the Illinois attorney general’s office that he believes a complaint should be filed. If the attorney general determines that reasonable cause exists for a violation, then the LIG may file a complaint with the LEC, which could then hold evidentiary hearings and determine what to do with it.
The LEC is scheduled to meet July 23, but those meetings aren’t open to the public. Rep. Jeff Keicher, R-Sycamore, the commission’s chair, could not be immediately reached.
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