Thursday, December 1, 2011

Count Three

The Illinois Administrator has filed a complaint alleging misconduct by a former employee of the state Department of Healthcare and Family Services.

Count One of the complaint alleges a variety of work-related misconduct including that she falsified timesheets to cover excessive tardiness and absenteeism, falsified travel vouchers, used a state vehicle for personal purposes and violated internet use policies "including displaying sexually explicit material and nude photos of herself and others..." The count also alleges failure to report the misconduct of other employees.

Count Two alleges criminal conduct:

 In August, 2009, the Champaign County State’s Attorney’s Office filed charges against Respondent for telephone harassment...related to a complaint made to the Rantoul police. The woman who filed the complaint ("complainant") and the Respondent were both dating the same individual. The complainant alleged that Respondent sent text messages and made telephone calls threatening to keep their mutual acquaintance from getting or keeping a job with the State of Illinois if he continued to see the complainant. The complainant further alleged that Respondent called her a "fucking bitch" and made threats against her life and advised the victim that their mutual acquaintance had taught her how to fire a gun.

Respondent also posted notes on Facebook that referenced the complainant and her daughter and contained a picture of Respondent and the subject of the womens’ dispute, holding an assault rifle, and Respondent holding a handgun.

After being contacted by a Rantoul police officer and being admonished by the officer that she should not conduct herself in such a manner, Respondent stated that she did not care about her job and that the subject of her messages would never work in Illinois again.

The charges against Respondent were dismissed after Respondent’s completion of a deferral program.

Finally, in Count Three:

In or about July, 2007, in the early morning hours, Respondent arrived at her Springfield office building, repeatedly identified herself to the guard as the "Boss Lady" and requested entry. Respondent, who smelled strongly of alcohol, slurred her words and had difficulty standing. The guard escorted Respondent into the building where Respondent began doing a hula dance in the elevator. Respondent left the office later that morning.

In 2007, at an after-hours event for the opening of the Chicago office of two lobbyists, Respondent was intoxicated or under the influence of drugs and fell to the floor screaming, then ran outside into traffic.

In February 2008, at approximately 5:30-6:00 a.m., Respondent called the guard of her Springfield office building and stated that she was unclothed in a car outside and further stated that she required something to wrap around her in order to enter the building. A while later, two women brought Respondent a coat to cover herself, and all three entered the building, with Respondent wearing the coat wrapped around her, covering her head and face.

On two different occasions, Respondent exposed her breasts to female co-workers to request their opinion on the results of her breast augmentation surgery.

On April 2, 2008, Respondent entered J.P. Kelly’s, a tavern in Springfield, and exposed her breasts to two State officials, after which Respondent conversed with those officials for several minutes. At the time of the incident, Respondent was also unsteady on her feet and had been drinking.

 Later in the evening, on April 2, 2008, Respondent went to The Plaza, a downtown Springfield tavern. Some time thereafter, she was wobbling and barely able to stand on her feet in the alley behind The Plaza. Respondent recognized a former HFS employee, and then loudly confronted the former employee by stating that the former employee had "fucking called my husband."

On January 6, 2009, at approximately 1:30 a.m., Respondent appeared at her Springfield office building dressed in sleepwear and barefoot, escorted by a man. Respondent requested a master key from the guard, proceeded upstairs to the executive offices, and then returned the key to the guard at the main entrance. Respondent and the man entered the elevator hugging and kissing. Respondent and her companion left the office at about 6:30 a.m.

The various incidents set forth in count three are alleged to have defeated the administration of justice or brought the legal profession into disrepute.

Frankly, I'm not sure that each of these incidents defeated the administration of justice. I'm also not entirely certain that  "bring[ing] the legal profession into disrepute" is an enforceable standard of professional conduct.  (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2011/12/the-illinois-administrator-has-filed-a-complaint-alleging-misconduct-by-a-former-employee-of-the-state-department-of-healthca.html

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