Citizens' Ethics Complaint

Complaint of
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TYSON MANKER,
VILLAGE PETITION
SIGNATORIES,

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(

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Petitioners,

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Against

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CITIZENS'
ETHICS
COMPLAINT

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GORDON mMPER,
LINDA DOUGLASS,
RICHARD EVANS,

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(
(

Respondents.

NOW COMES, Tyson Manker, who, on behalf of himself and the signatories of
the Petition to "Remove Gordon Jumper, Linda Douglass, and Richard Evans from
Village offices," petitions the South Jacksonville Village Board of Trustees with this
ethics complaint against those named respondents and alleges as follows:

Gordon Jumper
Prohibited Political Activity Ethics Violations
1. Gordon Jumper has been the Village Mayor of South Jacksonville since 1997.
2. Linda Douglass, the Village Treasurer of South Jacksonville, was appointed to
that position by Jumper in 2013.
3. Before being appointed by Jumper to her current position, in 2013 Douglass ran
for reelection as Village Clerk; a contest she lost to current Clerk, Dani Glascock.
4. During her campaign, Douglass used the Village copy machine to make
photocopies of a political flyer for her campaign while she was working in her
official paid capacity as Village Clerk. (ISP Report, p. 4)
5. Douglass used taxpayer resources including the Village computer, paper, copier,
and copier ink to make flyers for her reelection campaign. (Id. at 209)
6. Village Ordinance No. 876 governs the standards of ethical conduct for officials
and employees, and defines "prohibited political activity" to include: "Preparing
for distribution ... campaign material on behalf of any candidate for elective
office." (Ord. 876, Sec. 1-1, "Prohibited Political Activity," §ll).

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7. Article 5 of Ordinance No. 876 states unambiguously: ''No officer or employee
shall intentionally perform any prohibited political activity during any
compensated time, as defined herein. No officer or employee shall intentionally
use any property or resources of the Village of South Jacksonville in connection
with any prohibited political activity." (Ord. 876, Sec. 5-1, §a)
8. Jumper admitted to ISP investigators that he allowed Douglass to use the copy
machine for political purposes while on compensated time. (lSP Report, p. 4)
9. Jumper told investigators that Douglass' violation was inconsequential because
"she monetarily reimbursed the village," and that "any resident of the community
is allowed to make photocopies on the village copier." (Id.)
10. Jumper did not make Douglass reimburse Village residents for the time they paid
her to spend working on her personal campaign. (ld.)
11. By allowing Douglass' prohibited political activity, Jumper violated Article 5 of
Village Ordinance No. 876.
Gifts Ban Ethics Violations
12. On March 27, 2015, petitioner went to Village Hall and requested to pay to use
the copy machine to make copies of a flyer advertising the Village Trustee Board
Meeting on April 2, 2015.
13. Linda Douglass denied petitioner's request, offering only 2 or 3 copies, and when
he asked what the Village policy was pertaining to residents using the copy
machine, she ordered her employee to "Call the Police."
14. Douglass' employee called emergency 911 as directed, and Douglass rose from
her seat and left her office to interrupt and retrieve Jumper from a meeting.
15. Jumper emerged, and after identifying himself as an attorney and Village resident,
petitioner explained his desire to use the village copier after reading Jumper's
statement in the ISP report about its availability to residents, which Jumper denied
ever saying.
16. Jumper denied petitioner's request to pay to use the Village copy machine.
17. Sgt. Michael Broaddus responded to Douglass' emergency 911 call, and upon his
arrival left together with petitioner, but without any copies.
18. Ordinance No. 876 defines a "Gift" as "any gratuity, discount, ... hospitality,
loan, forbearance, or other tangible or intangible item having monetary value."
(Ord. 876, Sec. 1-1)

2

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19. Article 10 of Ordinance No. 876 prohibits Village officials and employees from
giving and receiving "Gifts" as defined in Sec. 1-1, but makes an exception for
"Opportunities, benefits, and services that are available on the same conditions as
for the general public." (Ord. 876, Sect. 10-1, 10-2 §1)
20. lfthe Village copy machine, which has monetary value, is available to be used by
all residents as Jumper claimed, then Douglass' copy machine use might have
been tolerable as a Section 10-1 exception; however, because Jumper granted
Douglass special access to the copy machine, and gave her a bonus of "free"
compensated time to engage in that political work, such activity falls under the
Article 10 Gift Ban. (Ord. 876, Sect. 10-1)
21. By permitting Douglass to engage in prohibited political activity and repay
inadequate restitution, and in denying residents equal access to Village property,
Jumper violated Article 10 of Village Ordinance No. 876.
Unlawful Indebtedness to Municipality
and Gifts Ban Violations
22. A person is not eligible to hold municipal office, if that person is, at any time
during the term of office, in debt to the municipality. (65 lLCS 5/3.1-10-5 §b)
23. Before November 2,2008, Douglass had an outstanding water debt of$1551.95.
(ISP Report, p. 20)
24. On November 2,2008, Douglass' account was credited $1,500, but on March 10,
2009, Douglass' $1,500 credit was returned as insufficient. (Id. at 20,22)
25. On March 17,2009, $1,878.46 was subtracted from Douglass' account. (Id. at 9)
26. Nine months later, "Douglass was given a $1,500 loan from the Village on
December 18, 2009." (Id.)
27. Douglass "received a loan from the Village with the full support and knowledge
of the Mayor," (Id.) but the Village Board was not aware of this loan. (Id. at 163)
28. By granting Douglass a personal loan for $1,5000, Jumper violated Illinois law.
(65 ILCS 5/3.1-10-5 §b)
29. Further, because Village Ordinance No. 876 defmes "Gift" as any tangible loan,
forbearance, or hospitality "having monetary value," Jumper's loan of$1,500 to
Douglass violates the Article 10 Gift Ban of Village Ordinance No. 876.
18 U.S. Code § 1702 Violations
30. Opening someone else's mail is a violation of Federal Law. (18 U.S.C. §1702)

3

31. Village Clerk Dani Glascock objected to Jumper about her mail being repeatedly
opened without her permission or approval. (lSP Report, p. 4)
32. Chief of Police Evans asked Jumper not to open the police department's mail, but
Jumper responded that the Village would continue to open all incoming mail. (ld.)
33. Jumper told ISP investigators
tampering. (ld.)

that he understands

Federal law prohibits mail

34. Jumper told investigators that it is his policy to open other people's mail without
permission or approval. (ld.)
35. Jumper's policy of opening all mail that arrives at Village Hall, even when the
intended recipient is not present and has not consented, is a violation of Federal
Law. (18 U.S.C. §1702)

Failure to Enforce Village Ordinance No. 861
36. Village Ordinance No. 861 states "If the charges for [water] services are not paid
within 30 days of becoming delinquent, water service shall be discontinued
without further notice and shall be reinstated until all accounts are settled. (Ord.
No. 861, Art. II § 2.2)
37. No ordinance authorizes the creation and/or use of payment plans when water
accounts become delinquent.
38. In their investigation, ISP investigators found the Water Department had
employed "Ghost Accounts" for delinquent water accounts, and that those
accounts were created in order to bypass the incursion of additional late fee
penalties. (ISP Report, p. 8)
39. Also, ghost accounts were used to hide the debt from the auditors. (ld.)
40. Under Jumper's command, ghost accounts were used to hide delinquent water
accounts from the reporting process. (Id. at 162)
41. Under Jumper's command, ghost accounts were used to hide money from
auditors. (ld. at 199)
42. When Village officers and employees informed Jumper about the suspicious ghost
accounts and Douglass' ordinance violations, Jumper told them to leave Douglass
alone and to work it out amongst themselves. (Id. at 162)
43. In allowing payment plans for delinquent water accounts, Jumper violated Village
Ordinance No. 861.

4

44. Further, there is no internal mechanism in place for writing off water debt. (ISP
Report, p. 205)
45. Auditors told ISP investigators that the current lack of internal mechanisms to
prevent the unauthorized crediting of debt creates a large potential for theft by
writing off the water debt for family and friends. (Id.)
46. Auditors also stated in their auditing report that it would be advisable for the
board to vote on writing off water debt, but that has never occurred. (Id.)
47. In writing off water debt without the authority to do so, Jumper violated Village
Ordinance No. 861.
48. It is worth noting that the Water Superintendent told ISP investigators that he has
access to the Village water/sewer computer, but that has never been trained on it
and he "would have no idea how to look up information on it." (ISP Report, p.
207)

Improper Contractual Relations
49. Village officials and employees are the only persons who possess the actual
authority to enter contracts on behalf of the Village of South Jacksonville.
50. During the 2012 Village Concert in the Cornfield, Sheila Meyers signed contracts
on behalf of the Village. (ISP Report, p. 163)
51. When Meyers signed those contracts, she was not a Village employee and had no
authority to enter contracts on behalf of the Village. (Id.)
52. Jumper oversaw the unauthorized
Concert in the Cornfield.

signing of contracts entered into for the 2012

53. Further, when wine came up missing during that event, on November
Jumper paid the Village $674.00 with a personal check. (Id. at 164)

17, 2012

Failure to Prevent Internal Theft
54. According to Village Policy, "It shall be the duty of all employees to maintain
high standards of conduct," and "Any action which reflects discredit upon the
municipal service or is a direct hindrance to the effective performance of the
municipal government functions shall be considered cause for disciplinary action
against any officer or employee of/he Village." (South Jacksonville Employee
Policy Manual, § 16-5)
55. Suzanne Steckel and Johnathan Eyth are auditors employed by the Village of
South Jacksonville. (ISP Report, p. 203)

5

56. Eyth told ISP investigators, as auditors, their focus is on creditworthiness and not
unexplainable losses, and that the loss of twenty to thirty thousand dollars would
not materially impact the financial statements of the Village. (ISP Report, p. 203)
57. Eyth and Steckel told investigators that it is the Village Mayor's responsibility to
prevent and control employee theft, and that in 17 years as village mayor, Jumper
has never implemented safeguards for that purpose. (Id.)
58. The auditors said "the security deposits have not reconciled for years, and they do
not anticipate them reconciling again this year." (Id.)
59. The auditors say "it would be very easy to steal money from the security deposits
because there has been no reconciliation for the account." (Id. at 204)
60. Kathy Culpepper, the current Village water/sewage Clerk, told ISP investigators
that there was an approximate six-month period where Linda Douglass collected
the security deposits for the water accounts and never deposited them into the
bank account. (Id. at 10)
61. Kathy Simpson, former Village Treasurer, told ISP investigators that in 2012,
there had been no water security deposits ($100 each account) made to the
security deposit bank account in approximately six months, and that she and John
Green approached Jumper with their concerns. (Id. at 162)
62. There has been widespread abuse and theft of the Village Petty Cash fund. (Id. at
158)
63. According to Village auditors, Petty Cash should only be used to make small
purchases, such as stamps or making change for fines or water bills. (Id. at 204)
64. The auditors told investigators they are unaware of any internal policies to protect
against employee theft, and that without a policy in place the Petty Cash fund
could easily be a place where theft takes place. (Id.)
65. On June 9, 2013, ISP investigators arrived at Village Hall and found sticky notes
in Douglass' handwriting (in place of receipts) in the Petty Cash box. (Id. at 158)
66. Culpepper stated the Village has issues with money disappearing from the Petty
Cash fund, and that to her knowledge there are no rules regarding the
recordkeeping, handling, or use of Petty Cash. (Id. at 9)
67. Culpeper told investigators that $278 was once missing from the Petty Cash fund,
but whenever the fund runs low, it is simply refilled to $600. (Id.)
68. Culpepper said the Petty Cash fund rarely if ever balances. (Id.)

6

69. Evans said the Petty Cash has been a constant problem. (Id. at 410)
70. Water superintendent John Green told investigators that petty cash is to be used
for things like postage or purchasing small items such as batteries. (Id. at 208)
71. However, Green employed his four children for Village work, paid them under
the table with $80.00 from the Petty Cash fund, and failed to obtain a receipt for
the transaction. (Id. at 209)
72. Chief Evans often uses the Petty Cash for lunches. (Id. at 514)
73. Evans admitted he uses his department's petty cash to go out to lunch. (Id. at 410)
74. Evans told ISP investigators that Kathy Simpson loaned money to people from the
Petty Cash fund. (Id.)
75. Evans told investigators that his assistant wrote checks and placed checks in the
Petty Cash fund as a personal loan. (Id.)
76. Evans said the Petty Cash would not balance at the end of the month because so
many people had access to the money. (Id.)
77. Evans, the Village Chief of Police, agreed with the ISP investigator that based
upon all the information presented to him, there was enough probable cause to
arrest Linda Douglass. (Id. at 412)
78. Evans also agreed that if the citizens of South Jacksonville knew he used their tax
money to buy free lunches it would not look good for his department. (Id. at 411)
79. Green told ISP investigators that Village citizens might not be happy if they knew
his department received a free lunch every once in a while. (Id. at 209)
80. In fact, one 9-week sample of the few Petty Cash records included in the ISP
Report shows that Village officials and employees have enjoyed more than just a
free lunch from Petty Cash every once in a while:
DATE
3/14/13
3/15/13
3/20113
3/26/13
3/26/13
3/27/13
3/28/13
4/1/13
4/3/13

ISP Report Page
77
77
77
77
77
77
77
77
77

ITEM
Phone Cover
Lunch
Lunch
Book
Lunch
Lunch
Lunch
Lunch
Lunch
7

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AMOUNT
36.94
39.75
5.50
33.04
40.00
18.00
45.82
11.65
14.81

4/5/13
4/5/13
4/6/13
4/8/13
4/9/13
4/11/13
4/11/13
4/16/13
4/18/13
4/18/13
4/18/13
4/18/13
4/20/13
4/23/13
4/23/13
4/25/13
4/25/13
4/27/13
4/27/13
4/29/13
5/2/13
5/3/13
5/4/13
5/6/13
5/7/13
5/7/13
5/8/13
5/10/13
5/11/13
5/14/13
5/14/13
5/15/13
5/20/13
5/20/13
5/22/13
5/22/13
5/23/13
5/23/13

Sodas
Lunch
Lunch
Lunch
Lunch
Lunch
Lunch
Lunch
Sodas
Sodas
Sodas
Sodas
Lunch
Meals
Lunch
Lunch
Lunch
Lunch
Lunch
Lunch
Lunch
Lunch
Lunch
Lunch
Lunch
Lunch
Lunch
Lunch
Lunch
Sodas
Lunch
Lunch
Sodas
Phone Case
Lunch
Soda
Soda
Lunch

77
77
77
77
77
76
76
70
76
76
76
76
76
70
70
70
70
70
70
70
70
71
71
71
71
70
70
71
71
71
71
71
71
71
71
71
71
71

TOTAL SPENT

10.89
13.32
50.50
52.81
9.16
12.75
13.32
30.02
11.92
11.92
11.91
11.91
14.50
19.95
43.06
17.85
34.49
61.34
27.00
28.50
26.00
7.00
27.00
24.75
13.90
6.92
45.00
12.05
14.00
17.61
8.50
22.42
67.65
31.86
61.21
5.99
9.54
19.15

$1153.18

81. Even if the constant mishandling and exploitation of the Petty Cash fund were
deemed legal, it is highly unethical for officials and employees to abuse their
entrusted positions of authority at taxpayer expense for personal benefit and gain.

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82. Despite holding the position of Village Mayor for over 17 years, Jumper has
failed to implement the necessary internal controls to prevent theft of Village
Petty Cash resources, and as a result residents have paid for literally thousands
of dollars worth of free lunches and other unauthorized purchases.

Linda Douglass
Prohibited Political Activity Ethics Violations
1. Petitioner incorporates and restates each of the above paragraphs as if fully set
forth herein.
2. During her campaign, Linda Douglass used the Village copy machine to make
photocopies of a political flyer for her campaign while she was working in her
official paid capacity as Village Clerk. (ISP Report, p. 4)
3. Douglass used taxpayer resources including the Village computer, paper, printer,

and printer ink to make flyers for her reelection campaign. (Id. at 209)
4. Village Ordinance No. 876 governs the standards of ethical conduct for officials
and employees, and defines "prohibited political activity" to include: "Preparing
for distribution ... campaign material on behalf of any candidate for elective
office." (Ord. 876, Sec. 1-1, "Prohibited Political Activity," §ll).
5. Article 5 of Ordinance No. 876 states unambiguously: "No officer or employee
shall intentionally perform any prohibited political activity during any
compensated time, as defined herein. No officer or employee shall intentionally
use any property or resources of the Village of South Jacksonville in connection
with any prohibited political activity." (Ord. 876, Sec. 5-1, §a)
6. By using Village resources for personal political gain while on compensated time,
Douglass violated Article 5 of Village Ordinance No. 876.
Unlawful Indebtedness to Municipality
and Gift Ban Violations
7. In 2009, while serving as Village Clerk, Douglass "received a loan from the
Village with the full support and knowledge of the Mayor." (ISP Report, p. 9)
8. "Douglass was given a $1,500 loan from the Village on December 18,2009."
(Id.)
9. Douglass "borrowed the money interest free from the Village in order to payoff
her water debt to the Village water department." (Id.)

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10. A person is not eligible to hold municipal office, if that person is, at any time
during the term of office, in debt to the municipality. (65 ILCS 5/3.1-10-5 §b)
II. In receiving a personal loan for $1,500 from the Village that she owed money to,
Douglass violated Illinois law. (65 ILCS 5/3.1-10-5 §b)
12. Further, because Village Ordinance No. 876 defines "Gift" as any tangible "loan"
or hospitality "having monetary value," Douglass' acceptance of the $1,500 loan
violates the Article 10 Gift Ban of Village Ordinance No. 876.
Theft of Village Property
13. In at least one proven instance thus far, Douglass used a Village credit card for
personal purchases without authorization. (ISP Report, p.9)
14. Douglass "purchased 3 coffeemakers from Staples ($30 each). [Douglass]
brought one to the Christmas Party for a present. She gave one to Culpepper and
... [gave] the remaining one to her son." (Id.)
15. ISP investigators found that Douglass also likely purchased bubble wrap, boxes,
and stamps for her personal use on a Village credit card, which is currently the
subject of an outstanding FOIA request. (Id. at 164)
Creation and Implementation of Payment Plans for
Delinguent Water Accounts without Authority
16. No ordinance authorizes the creation and/or use of payment plans when water
accounts become delinquent.
17. In their investigation, ISP investigators found the Water Department had
employed "Ghost Accounts" for delinquent water accounts, and that those
accounts were created in order to bypass the incursion of additional late fee
penalties. (ISP Report, p. 8)
18. Also, ghost accounts were used to hide the debt from the auditors. (Id. at 8)
19. Douglass used ghost accounts to hide water accounts from the reporting process.
(Id. at 162)
20. Without authority, Douglass said she put delinquent water accounts on payment
plans "in order to help them out," but ISP investigators found that she had done so
to hide the money from auditors. (Id. at 199)
21. For example, one Village resident had a legitimate water account with a balance
of$123.41, and also a ghost account with a balance of$2,557.98. (Id. at 8)

10

22. Village Water Superintendent John Green requested water/sewer financial reports
from Douglass, but Douglass became angry and did not provide him with the
reports. (Id. at 162)
23. Green told ISP investigators that he was not aware of any residential water bill
being thousands of dollars overdue. (Id. at 207)
24. Under Jumper's command, Douglass implemented payment plans for delinquent
water accounts illegally and without authority.
720 ILCS 5/26-1 Violations
25. On March 27,2015, petitioner went to Village Hall and requested to pay to use
the copy machine to make copies of a flyer advertising the Village Trustee Board
Meeting on April 2, 2015.
26. Douglass denied petitioner's request, offering only 2 or 3 copies, and when he
asked what the Village policy was pertaining to residents using the copy machine,
she ordered her employee to "Call the Police."
27. Douglass' employee called emergency 911 as directed.
28. Any person who knowingly transmits or causes to be transmitted in any manner to
any peace officer, public officer, or public employee a report to the effect that an
offense will be committed, is being committed, or has been committed, knowing
at the time of the transmission that there is no reasonable ground for believing,
has committed disorderly conduct. (720 ILCS 5/26-1 (a) §4)
29. In calling the police without even the slightest reason to believe a crime had been
committed or was imminent, Douglass committed disorderly conduct, and
demonstrated a complete inability to fulfill the duties of her appointed position.

Richard Evans
Prohibited Political Activity Ethics Violations
1. Petitioner incorporates and restates each of the above paragraphs as if fully set
forth herein.
2. Richard Evans serves as the Chief of Police for the Village of South Jacksonville.
3. Brian Wilson serves as a Police Officer for the Village of South Jacksonville.
4. In 2012, Evans asked Wilson to sign Linda Douglass' petition for election to
Village Clerk while he and Wilson were on duty at the South Jacksonville Police
Department. (ISP Report, pp. 410, 482, 484)
11

5. Wilson told ISP investigators that he "did not wish to sign [Douglass'] petition,
but he did so anyway because Evans was his supervisor and he felt cornered (put
on the spot) into signing it." (ISP Report, p. 482)
6. Wilson told investigators that at the time of Evans' request, "he considered Evans
to be working in his official capacity as the Chief of Police." (Id.)
7. Wilson said he "felt ifhe told Evans he did not want to sign the petition there was
a possibility [Evans] would hold it against him and it would have a negative
impact on [Wilson's] career." (Id.)
8. Village Ordinance No. 876 governs official standards of ethical conduct, and
defines "prohibited political activity" to include: "Initiating for circulation ... [or]
circulating ... any petition on behalf of a candidate for elective office." (Ord. 876,
Sec. 1-1, "Prohibited Political Activity," §8).
9. Ordinance No. 876 states "No officer or employee shall intentionally perform any
prohibited political activity during compensated time ... [or] use any property or
resources of the Village of South Jacksonville in connection with any prohibited
political activity." (Id. at Sec. 5-1, §a).
10. Ordinance No. 876 also says that "At no time shall any officer or employee
intentionally require any other officer of employee to perform any prohibited
political activity (i) as part of that officer or employee's duties, or (ii) as a
condition of employment." (Id. at Sec. 5-1, §b).
11. In pressuring Wilson to sign Douglass' election petition on compensated time,
Evans violated Article 5 of Village Ordinance No. 876.
Gift Ban Ethics Violations
12. The Village pays for Evans to have an iPhone, and Evans stores the phone's
corresponding iTunes account on a Village computer. (ISP Report, pp. 419, 462)
13. The official South Jacksonville Police Department email address is
[email protected].
14. Evans uses the email address [email protected] for his communications,
which is linked to his Village iPhone. (Id. at 463)
15. Evans also uses the email address [email protected] as his Apple ID
username when accessing the iTunes App Store from his Village iPhone. (Id at
466-68)

12

16. Using the [email protected] email address and Village iPhone, Evans
purchased dozens of pornographic iPhone Apps from the App Store, including:
•
•
•

•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•

Sex Positions Game (ISP Report, p. 464)
3D Sex Positions (Id.)
101 Positions of KamaSutra (Id.)
SEX-Facts (Id.)
A Sex Guide (Id.)
Adult Sex Dares (Id.)
Hot Weather Girls (Id. at 468)
Sex IQ (Id. at 469)
Weird Sex Facts (Id. at 470)
1800+ Amazing Sex Facts (Id. at 471)
Sex Facts: Hot Adult Knowledge and Tips for Guys (Id. at 472)
SEX-Facts (Id. at 473)
Daily Sex Tips from Hawaii (Id. at 474)
Sex Toys and Lingerie Guide (Id. at 475)
Adult Sex Dares (Id. at 476)
Best Pickup Lines! (Id. at 477)
Unzip Me (Id. at 478)
300+ Best sex positions (Id. at 479)
400+ A Sex Positions (Id. at 480)

17. Access to department technology resources including Internet access provided by
the Department is strictly limited to department-related business activities. (SJPD
Policy 342.6)
18. On February 7, 2012, Evans purchased from the iTunes App Store "iKamasutra
Lite - Sex Positions from Kama Sutra and Beyond," for $2.99. (ISP Report, p.
466)
19. Ordinance No. 876 defines "Gift" as any "entertainment ... or other tangible or
intangible item having monetary value." (Ord. 876, Sec. 1-1)
20. Because the pornographic Apps downloaded by Evans are for entertainment and
have monetary value, they are "Gifts" under Village Ordinance No. 876.
21. Article 10 of Ordinance No. 876 prohibits unauthorized gifts as defined in Sec. II, stating that "no officer or employee ... [shall] accept any gift from any
prohibited source, as defined herein, or which is otherwise prohibited by law or
ordinance." (Id. at Sec. 10-1)
22. Pornographic iPhone Apps are "Gifts" as defined by Village Ordinance No. 876.

13

23. Because Evans' purchase of the "iKamasutra" App and downloads of other
pornographic Apps does not qualify as an exempted gift under Section 10-2, his
conduct violates Article 10 of Village Ordinance No. 876.
24. Further, because the transmission of "sexually suggestive or any other
inappropriate messages on the [Village] email system is prohibited and will not be
tolerated and may result in discipline," Evans' conduct violates South
Jacksonville Police Department Policy 212.3.
Fraudulent LEADS Certifications
25. The Law Enforcement Agencies Data System (LEADS) is a statewide,
computerized telecommunications information system used by the law
enforcement and criminal justice community in the State of Illinois. (20 Ill.
Adm.Code 1240.10)
26. The South Jacksonville Police Department is a LEADS participating agency, and
SJPD officers access LEADS for their operations. (SJPD Policy 812)
27. All LEADS agencies are required to appoint a LEADS Agency Coordinator
(LAC). (20 Ill. Adm.Code 1240.90)
28. The Chief of Police is the designated LEADS Agency Coordinator for the South
Jacksonville Police Department. (SJPD Policy 812.4)
29. The Chief of Police is responsible for ensuring compliance with this procedure
and with applicable records security regulations and requirements imposed by
federal and state law. (ld.)
30. LEADS User Certification Program training is administered by the Department.
(20 Ill. Adm.Code 1240.90 §b2)
31. LEADS user certification is mandatory for all LEADS agency personnel who
have access to LEADS functions. (20 Ill. Adm.Code 1240.90 §b1)
32. User certification is awarded after successful completion of the LEADS User
Certification Program and satisfaction of all its requirements for the level of
access sought. (20 Ill. Adm.Code 1240.90 §b3)
33. Each LEADS user must be functionally retested and recertified according to the
LEADS Operator Certification Program. (20 Ill. Adm.Code 1240.90 §b4)
34. LEADS data shall not be disseminated to any individual that is not legally
authorized to have access to the information. (20 Ill. Adm.Code 1240.80 §d)

14

35. The Department of State Police may suspend all or any portion of LEADS service
without prior notification as the result of an agency's non-compliance with laws,
rules, regulations, or procedures. (20 Ill. Adm.Code 1240.110)
36. The Director of State Police may suspend all or part of LEADS service for agency
for violations of LEADS laws, rules, regulations, or procedures. (Id.)
37. Village Police Officer Robert Headen told 1SP investigators that "Evans directed
him to certify everyone [for the LEADS program] and take their test for them,
which [Headen] did." (ISP Report, p. 495)
38. Headen said he "was not comfortable doing so and explained to Evans that he was
knowingly violating LEADS policy by having [Headen] take the LEADS test on
everyone's behalf." (Id.)
39. Headen told investigators that despite explaining to Evans his apprehension about
violating LEADS policy, "Evans did not care and told him to do it regardless,
which [Headen] did." (Id.)
40. In a March 12,2013 email, Evans asked Headen to "verify" the LEADS
certification of several Village officers whose LEADS certification had lapsed.
(Id. at 423, 498)
41. On March 15, Headen responded to Evans' March 12 email inquiry by saying, "I
will fix this ASAP. Should not take me more than an hour to recertify the others
and myself." (Id. at 423,498)
42. On March 19,2013, Headen emailed that he had completed LEADS recertifications as Evans had requested. (Id. at 424, 497)
43. Headen said on that day, March 19, he completed LEADS recertification for
Evans, Sgt. Broaddus, himself, Tim Mann, and that he would recertify Jill Van
Giesen and Barb Deomellas later that evening. (ISP Report, pp. 424,497)
44. Jill Van Giesen, who is Evans' Administrative
at 420,425)

Assistant, is LEADS certified.

45. Though Van Giesen is LEADS certified, "she never went through the [LEADS]
training or took the certifying test." (Id, at 420)
46. Van Giesen told 1SP investigators that "Robert Headen took the [LEADS
certification] test for her [and that she] believes that Headen took the test for
Evans." (Id. at 420)
47. In overseeing a fraudulent LEADS testing and certification scheme, Evans
knowingly and intentionally violated Illinois law and LEADS policy, which

15

(Id.

unfortunately renders those LEADS certifications of SJPD officers null and void,
and effectively leaves the Village Police Department vulnerable to the immediate
suspension of LEADS services.
Personal LEADS Usage
48. Using department resources in association with any portion of an independent
civil action is strictly forbidden. (SJPD Policy 340.3.2 §c)
49. It is unlawful to use department equipment or resources in the course of or for the
benefit of any outside employment. This shall include the prohibition of access to
official records or databases of this department or other agencies through the use
of the employees' position with this department. (SJPD Policy 1040.4)
50. LEADS operators shall use the terminal only for those purposes for which they
are authorized. (SJPD Policy 812.5.1)
51. The LEADS network and LEADS data shall not be used for personal purposes.
(20 Ill. Adm.Code 1240.80 §a) (SJPD Policy 812.5.3)
52. Evans works part time for the Ross Agency serving papers. (ISP Report, p. 489)
53. Evans uses the LEADS system to run names and registration plates in order to
track down people he is supposed to serve with papers for Ross. (Id.)
54. Evans' use of the LEADS network and LEADS data for personal purposes is a
violation of Illinois law, SPJD Policy, and the Village LEADS agreement, which
could result in the immediate suspension of SJPD access to LEADS services. (20
Ill. Adm.Code 1240.110)
Improper Use of Village Resources (1)
55. Employees shall be responsible for the proper use of department property
assigned or entrusted to them, and an employee's intentional or negligent misuse
or department property may lead to discipline. (SJPD Policy 700.2)
56. Except when otherwise directed by competent authority or required by exigent
circumstances, department property shall only be used by those to whom it was
assigned. (SJPD Policy 700.2 §c)
57. Use of department property should be limited to official purposes. (Id.)
58. Evans drives a police issued squad car. (ISP Report, p. 411)
59. Evans told ISP investigators that he utilizes the patrol car "for personal use
because he always needs to be available." (Id.)

16

60. Evans also told investigators that when he drinks too much alcohol, "he does
allow his wife (Mary Evans) to drive the squad car." (Id.)
61. Evans' personal usage of department property (patrol car) for unofficial purposes
is a violation of South Jacksonville Police Department Policy 700.
Improper Use of Village Resources (2)
62. E-mail is a communication tool available to employees to enhance efficiency in
the performance of job duties and is to be used in accordance with generally
accepted business practices and current law (e.g., Illinois Freedom ofInformation
Act). (SJPD Policy 212.1)
63. All email messages, including any attachments, that are transmitted over
department networks are considered department records and therefore are
department, hence public, property. (SJPD Policy 212.2)
64. Employees using the department email system shall have no expectation of
privacy concerning communications transmitted over the system. (Id.)
65. Messages transmitted over the email system must only be those that involve
official business activities or contain information essential to employees for the
accomplishment of business-related tasks and/or communication directly related
to the business, administration, or practices of the Department. (SJPD Policy
212.1)
66. On July 6, 2012, while on compensated time, Evans sent an email from
§[email protected] to Rammelkamp Bradney, a law firm that represents
the Village, to inquire about a Power of Attorney for his mother-in-law, to which
Bradney's attorney responded. (ISP Report, p. 428)
67. On July 9, 2012, Evans sent a similar email to Rammelkamp Bradney about his
mother-in-law's Power of Attorney. (Id. at 429)
68. Evans' personal use of Village email is a violation of South Jacksonville Police
Department Policy 212.
69. Further, ifRammelkamp Bradney billed the Village for Evans' mother-in-law's
power ofattomey, Evans committed theft of services. (SJPD Policy 340.3.5 §n)
Improper Use of Village Resources (3)
70. Evans has an ebay.com account to sell his personal items to buyers online.
71. Evans has a paypa1.com account to collect revenue from Ebay sales.

17

72. Evans used Village computers for his personal Ebay account. (ISP Report, p. 437)
73. Evans used Village computers for his personal PayPal account. (Id. at 438)
74. Access to department technology resources including Internet access provided by
the Department shall be strictly limited to department-related business activities.
(SJPD Policy 342.6)
75. Evans' personal use of Village computers to buy and sell property for private gain
while on compensated time is a violation of South Jacksonville Police Department
Policy 700.
76. Further, Douglass used the Village Police Department Evidence Room to store,
pack, and ship Evans' personal items to buyers on Ebay. (ISP Report, p. 164)
77. In using department property for personal purposes, Evans violated South
Jacksonville Police Department Policy 700.2 §c.
Other Unethical Conduct
78. In 2013, Evans asked Sgt. Michael Broaddus to track the cell phone of Douglass'
husband, an Elected Trustee, even though "there was no legitimate law
enforcement reason for it." (ISP Report, p. 490)
79. In 2014, Evans and his officers used South Jacksonville radios to access the
ESDA (MABAS) radio frequency while working as private traffic directors for
Daws Funeral Home. (Id.)
80. Evans told ISP investigators that he uses his fire department issued radio when
working for Daws funeral home. (Id. at 412)
81. On multiple occasions Evans worked for Ross Agency in Granite City, and even
though he was gone from the Village all day, he claimed a full day worked for the
police department. (Id. at 420)
82. Van Giesen told ISP investigators that Evans had her perform personal jobs for
him during her compensated time. (Id.)
83. Specifically, Evans had her type up a memorandum for his son, mail a letter to
Jim Aggert using Police Department paper, envelope, and postage, and make baby
shower flyers, For Sale signs, and Class Reunion materials and flyers, all on
compensated time. (Id.)
84. Evans admitted to ISP investigators that he had one of his Officers drive to his
mother's house and load furniture while they were on duty. (Id. at 411)

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Conclusion
Illinois law prohibits official misconduct. Specifically, 720 ILCS 5/33-3 defmes
official misconduct as "Any public official or employee who (1) intentionally or
recklessly fails to perform any mandatory duty by law; or (2) knowingly performs an act
which he knows he is forbidden by law to perform." The numerous violations mentioned
in this ethics complaint show that Gordon Jumper, Linda Douglass, and Richard Evans
have all intentionally or recklessly failed to perform their duties as required by law, and
have all knowingly performed acts that they know are forbidden by law.

Relief Requested
WHEREAS, Rammelkamp Bradney's named involvement in this complaint
creates an insurmountable conflict of interest with this issue. As such, petitioners request
recusal of that firm for this issue alone and graciously remind the incoming Village
advocates that they represent the Village and not individuals accused of harming the
Village. The Village of South Jacksonville pays to retain legal counsel for the protection
and representation of Village interests, and the interests of Village residents. All
individuals accused of criminal and ethical wrongdoing can and should seek their own
independent counsel, if they so choose. However, it would be a serious violation of the
Village counsel's fiduciary duty to the Village to advise or represent individuals accused
of official misconduct against the Village.
WHEREFORE, petitioners respectfully request that Gordon Jumper, Linda
Douglass, and Richard Evans immediately resign voluntarily from their respective
Village Government positions.
WHEREFORE, if all three of the named respondents fail to immediately resign,
petitioners respectfully request that the Board of Trustees open an immediate
investigation into these allegations, and use any and all authority granted them by Village
Ordinance No. 876 or any other state or local provision to remove respondents from their
respective Village Government positions.

Respectfully Submitted,

Dated: April 2, 2015

BY:

Tyson Manker, Esq.
On Behalf of the Petitioners.

s;~ne~ before me this 2nd day of April, 2015

~~Q~
Notary Public
,Morgan County

State of Illinois

19

"OFFICIAL SEAL
TAMARA J. BRANER
It

Notary Public, State of Illinois

My Commission Ex!)ires Apr. 20, 2016