Friday, May 1, 2009

Another Bergman Witch Hunt

Police looking into alleged voter fraud in Cahokia village board races
Absentee ballots decided 3 Cahokia Village Board races
BY GEORGE PAWLACZYK AND BETH HUNDSDORFER

Belleville News-Democrat - May 1, 2009

Lopsided absentee vote totals during the April 7 election in three races for the Village Board are the focus of an investigation by the Cahokia Police Department, according to St. Clair County State's Attorney Robert Haida.

"There have been allegations of anomalies regarding absentee ballots and I understand Cahokia police are investigating those allegations," Haida said. "I am supportive of any local law enforcement investigating criminal misconduct including vote fraud that occurs within their venue."

Absentee votes may be cast by any registered voter who prefers to vote by mail. Absentee ballots are often delivered by mail.

"This is aggravating because this shouldn't happen in the United States," said Cahokia Police Chief Rick Watson, who added that it is the first time he has been involved with investigating alleged vote fraud in his 30-year law enforcement career.

And Cahokia Mayor Frank Bergman, who votes only to break ties, saw the make up of his six-member Village Board change with the addition of three newcomers who won in April and will be seated next week, said village police will employ a professional handwriting expert to examine signatures on absentee ballots to determine if the intended voter was the person who actually signed.

Bergman said that in District 4, challenger Kyle Johnson garnered "600 percent" more absentee votes than President Barack Obama did in the November election.

"That is just phenomenal. It's unheard of," Bergman said.

Said Johnson: "I did not nothing improper. I welcome an investigation. As a write-in candidate, I (also) won at the polls. I didn't need absentee ballots. ... This is just another of Mayor Bergman's witch hunts."

Vote tabulations at the election department of the St. Clair County Clerk's Office showed that the poll voting, or persons who went to an official polling place to cast their ballot, saw Johnson defeat incumbent Rob Eden by a tally of 149 to 131.

But absentee voting played a major role in the village trustee races, according to computer vote printouts.

The computer information showed that in Cahokia District 4, Johnson defeated Eden by an overall vote of 482 to 155 that also includes early voting ballots, where individuals were allowed to vote at the county office building before Election Day, and ballots from nursing homes.

A breakdown of the absentee balloting revealed that Johnson won 328 of 355 absentee ballots cast or 92 percent. Johnson became a write-in candidate after challenges to his voting petitions spearheaded by Bergman knocked him off the regular ballot.

"There have never been that many absentees in District 4 before," Eden said.

In the District 6 trustee race, Phyllis Pearson defeated incumbent Gloria McCoy by a single vote, 216 to 215.

An analysis of the absentee balloting in that contest shows Pearson edged McCoy 54 percent to 45.8 percent. In Precincts 21 and 24, where 81 of the total of 126 absentee ballots were cast, Pearson won 86 percent of the absentees.

"I didn't actually lose," McCoy said. Pearson could not be reached for comment.

In District 3, where challenger Trevon Tompkin defeated incumbent Dennis "Seadog" Phillips by an overall vote of 250 to 179, the absentee balloting showed a final tally of 145 to 32.

Cahokia mayor will try to oust trustee for absences due to aneurysm

Cahokia mayor will try to oust trustee for absences due to aneurysm
Has not attended Cahokia meetings after aneurysm
BY BETH HUNDSDORFER AND GEORGE PAWLACZYK

Belleville News-Democrat - April 29, 2009

Cahokia Village Trustee Sheyla Ware suffered an aneurysm that threatened her life a few months ago. Today, she's facing a battle for her political life.

Mayor Frank Bergman said he will hold a special board of trustees meeting this morning to vacate Ware's seat and appoint her replacement -- the day after Ware's release Tuesday from a rehabilitation hospital.

"I haven't made up my mind yet," Bergman said about Ware's replacement. "I want someone with similar qualities and characteristics, and it should be a woman."

Bergman said he supports Ware but wants her replaced because he said she has missed four consecutive village board meetings, which are held every two weeks. He said the people of her district, "Deserve to be represented. I haven't talked to her in more than two months."

As for criticism that he simply wants to replace Ware with his own trustee choice who might be more likely to vote with him, Bergman said, "This is solely for the people of the Village of Cahokia."

Under Illinois law, a vacancy can be declared only because of "resignation, failure to elect or qualify ... death, permanent physical or mental disability rendering the person incapable of performing the duties of his or her office." Ware was elected in 2007 to a four-year term and was a member of Bergman's ticket.

"There is no reason for her to be thrown off the Cahokia Village Board," said County Clerk Bob Delaney, who oversees county elections. "That's just despicable what he's trying to do."

Attorney Carmen Durso, who represents Ware, said his client is not permanently disabled and was resting at home after her release from a hospital. Ware could not be reached for comment.

According to the Illinois Municipal Handbook: "If a serious question exists as to whether a vacancy has occurred, it is probably money well spent to have a court decide the issue in a declaratory judgment."

Three incumbent village trustees lost their seats in the April election. Challenger Phyllis Pearson beat Gloria McCoy by one vote. Kyle Johnson beat Robert Eden, and Trevon Tompkin defeated Dennis Phillips. All three newcomers were scheduled to join the board May 5 but will attempt to take their seats today at the special meeting, Johnson said.

Johnson said the mayor's attempt to remove Ware is a "power play to keep the village board in his back pocket."

"If Bergman told (the former board members), 'Let's sell this city down the drain,' they would do it ... That's why they were unseated," Johnson said. "This is Bergman at the lowest point of his administration. He's trying to unseat her (Ware) when she's taken ill."

"I feel that he should not fill that vacancy because it's not vacant. She's still alive and capable of doing the job," said Pearson, Johnson's fellow newly elected trustee.

Trustees received notice Monday of the unusually scheduled morning meeting, said trustee JoAnn Malone, who said she will take off work to attend and will vote against vacating Ware's seat.

"Sheyla's been in the hospital. She can't help it," Malone said. "It's not like she's just not showing up. She has a medical condition."

Bergman didn't know Ware suffered an aneurysm, he said, but remained adamant about her removal.

"My thoughts and prayers go out every day for her," Bergman said. "Also, there are still 1,500 people in the city that have to be represented in her district. My concern is the representation of that."

Too much time on the clock

Too much time on the clock
Editorial

Belleville News-Democrat - July 2, 2008


A 96-hour work week is something that would make most bosses stop and take notice, but not Cahokia Mayor Frank Bergman. He said he never knew that two village workers were routinely getting paid for all those hours until a reporter pointed it out to him.

There are two possibilities, neither of which is good for Cahokia. Either Bergman is out of touch with what goes on at Village Hall, or he's not being truthful with the public. Either way, we fear the taxpayers are being fleeced.

Employee Charles Robinson already earns $39,500 as a code enforcement officer and James Allen earns $37,000 as a ranger at the village's recreation park and swimming pool. In addition, they are being paid $10 an hour, supposedly to guard the old Parks College.

But one current and one former trustee doubt the employees are guarding that property. When our reporters went there on several occasions, they couldn't locate any guards. Are they actually working those extra hours?

If they are, 96 hours is more than any person reasonably should work. When do they even sleep, for goodness sake? And is this a legal pay arrangement? Most people who work more than 40 hours a week are entitled to time and a half their regular pay.

Bergman's solution was to cut their hours from 96 to a maximum of 80. But that's only slightly less outrageous than 96 hours.

Former Trustee Ken Spisak said he has been told the workers are being paid to be Bergman's bodyguards. The mayor denies it, but that might explain why the mayor initially sounded clueless, and why he's OK with all those hours.

Cahokia workers log 96-hour work weeks

Cahokia workers log 96-hour work weeks
BY BETH HUNDSDORFER AND GEORGE PAWLACZYK

Belleville News-Democrat - June 29, 2008

Village payroll records state that employees Charles Robinson and James Allen work an eight-hour shift at their village jobs and then put in another 11 hours providing security at vacant Parks College as the mayor says.

But a current and a former village trustee claim Robinson and Allen are paid the extra money as bodyguards for Mayor Frank Bergman.

Regardless of what, or who, they are guarding, after a work day of that length they would have less than five hours left for eating, washing, running errands and sleeping.

Each was regularly paid an extra $560 per five-day week for 56 hours at $10 per hour, according to payroll invoices.

The former trustee, Ken Spisak, said that Robinson and Allen sometimes slept on the mayor's couch.

But Bergman, who said he was surprised to learn that some village workers were putting in a 96-hour, five-day work week, stated that Robinson and Allen guard only the college property the village has acquired.

"I have never had bodyguards," he said.

The village passed an $8 million bond to finance the purchase of Parks College from St. Louis University in 2005 for $4.73 million. The remaining $3.27 million was set aside for redevelopment. The property, near the intersection of Illinois 3 and Camp Jackson Road, remains vacant.

During three nightly visits and two stops during the day recently, reporters did not spot any security guards or their vehicles. On one nightly check, a reporter drove through the narrow lanes that wind among the former college's 23 buildings, stopping several times to loudly call out, "Hello!"

During another late night trip to the former campus, the only people a reporter encountered was a former Parks alumni from Ballwin, Mo., who roamed the campus in a pickup truck, headlights on, accompanied by a friend in the front seat he said was a Russian fighter jet engineer.

"Everybody in town knows there's no guards out there," said Fred Cornwell, the village's parks director who formerly headed the public works department.

Spisak, who ran unsuccessfully in April 2007 against Bergman for mayor, said Cahokia police officers told him they regularly spotted Robinson and Allen at late hours sitting in vehicles parked outside Bergman's house on Kenneth Avenue. Spisak said officers mentioned that guards sometimes slept on the mayor's couch.

"Apparently, the job is dangerous," Spisak said, "but who can really believe that anybody can keep up a 96-hour work week for any length of time?"

For 18 months before he left the village board after losing the contest for mayor, Spisak said he voted against paying accounts payable because of the security payments to Robinson and Allen.

"The mayor kept telling us they were guards out at Parks College, which is vacant and owned by the village," Spisak said. "That's why I began to write notes about their hours from their time cards, and as soon as I began to do that, the mayor stopped issuing time cards to the Finance Committee."

Current trustee JoAnn Malone also voted against issuing payments for payroll and other accounts in May because she said she was "concerned about those payments to Robinson and Allen."

In a written statement, Malone said, "My reason for voting no on accounts payable is I feel that it is the responsibility of a trustee of the village to curb wasteful and abusive spending. ... The village would benefit greatly if this type of fiscal behavior was brought under control."

When asked how two village employees could safely keep up the rigorous pace of a 96-hour work week, Bergman said he didn't know they worked that many hours. He said he has since reduced their work week to 80 hours maximum -- 40 regular hours and 40 extra at $10 per hour.

"When that was pointed out to me, it was adjusted," he said of Allen's and Robinson's work week. "I never noticed that before."

Robinson, who declined to comment, earns $39,500 as a code enforcement officer for the village. Allen earns a salary of $37,000 as a ranger at the village's recreation park and swimming pool. He could not be reached for comment.

John Frycek, a licensed private investigator who provides personal security services, said he charges $65 an hour to protect musicians, former politicians and executives, but added he underwent months of training in hand-to-hand combat, driving techniques and firearm certification.

"What's the threat?" Frycek said. "Would the mayor of a small town's job really put him in danger? If the answer is no, does it warrant having taxpayer money protecting him in his private life?"

Two years ago, Bergman and Harry Halter, who was the husband of his then appointment secretary, argued just after midnight on Bergman's front lawn. Cahokia police used a Taser on Halter, who was then a part-time Alorton police officer, but did not arrest him.

Security didn't thwart a theft in December 2006 that netted thieves $61,500 worth of windows and brass mailbox doors from the former Parks campus. Village employees John Torry and Robert Holmes moonlighted as the campus security then, but no one was on duty at the time because they were off for the Christmas holiday, Bergman said.

Contact reporter Beth Hundsdorfer at bhundsdorfer@bnd.com or 239-2570 and George Pawlaczyk at gpawlaczyk@bnd.com or 239-2625.

Cahokia mayor fills up SUV on taxpayers' dime

Cahokia mayor fills up SUV on taxpayers' dime
City leases vehicle for him and provides a credit card
BY GEORGE PAWLACZYK AND BETH HUNDSDORFER

Belleville News-Democrat - June 22, 2008

Like many motorists, when Mayor Frank Bergman fills up his gas tank, he uses plastic. But his credit card is paid for by the public.

Technically, it's not really his gas tank either. It belongs to the taxpayers, as does the rest of the 2008 GMC Acadia, priced at $37,470, he drives.

But that didn't stop him in May from driving the SUV across country on a personal trip, and using the village credit card to fill up along the way.

Bergman says he only went as far as Tulsa, Okla., but a letter from the city clerk in response to a News-Democrat request for gasoline receipts refers to his trip to Las Vegas.

Bergman said a village ordinance allows him to use the publicly owned SUV for personal use, along with the village gasoline credit card.

However, the mayor wrote a personal check on June 6 for $130 to reimburse the village for gasoline he used on the personal trip in May. This was the same date the village received a Freedom of Information request from the News-Democrat asking for copies of the mayor's gasoline records.

"I didn't have to pay for that," Bergman said. "I felt that I should pay for it."

Bergman said he used the village credit card only three times on the trip, and paid for gas himself the other times.

According to a 1985 village ordinance, Bergman, who makes $40,000 per year as mayor, must be supplied with "an automobile, including all expenses of operating, repairing and insuring said automobile."

Bergman and other Cahokia mayors have interpreted this to mean a new vehicle every few years that can be driven anywhere for personal use, even on vacation, at public expense. Bergman said the village is leasing the 2008 Acadia he received in February for $24,000, or $8,000 annually for three years, with an option to buy. He formerly drove a village-leased 2005 Buick Ranier with under 50,000 miles that he turned over to the police department.

Taxpayer watchdogs said unrestricted use of a car and gasoline by public officials is an antiquated concept.

"It's an old law that should be updated," said Tom Schatz, president of the Washington, D.C.-based Citizens Against Government Waste. "There should be more accountability of how this is being done."

Jim Tobin, president of National Taxpayers United of Illinois, agreed.

"This is a huge rip-off. This mayor should use his own car and be reimbursed for official use," he said.

Bergman has unrestricted use of a sports-utility vehicle that costs more than any other village vehicle, as well as those provided to other metro-east mayors, according to a limited survey.

Collinsville and Edwardsville do not supply cars to their mayors. And they pay mileage only for trips outside city limits.

Belleville Mayor Mark Eckert inherited a 2006 Ford Crown Victoria from the Police Department that replaced another former police car, a 2000 Crown Victoria. Granite City Mayor Ed Hagnauer drives a 2000 Ford Explorer seized by police from a drug dealer. Both mayors receive gas from a municipal pump, but say that while they take their vehicles home, they do not drive them for personal use.

Meanwhile, all but two of the 52 Cahokia-issued Quik Trip gasoline credit cards are in use by police, streets or parks department employees, Bergman said. Some of these vehicles are driven home and can be used for personal trips as well.

Besides Bergman's, Michele Halter, Cahokia's $54,000-per-year human resources director, uses a village-backed credit card to gas up her personal 2006 Lexus and 1999 Dodge Durango. Halter's son and daughter also are village employees.

The gasoline records show that Bergman charged $2,681 on the Quik Trip card for 971 gallons in 2007, at a municipal price minus state tax. So far in 2008, he used 285 gallons through April 27 for an average price of $3.29 a gallon.

Halter's gasoline use showed a 10-month total in 2007 of $1,018 for 380 gallons, or $2.68 per gallon, also purchased at the municipal rate. One of her two vehicles, a 2006 Lexus, uses premium gasoline.

Cahokia mayor's workmen's comp claims total $145,000

Cahokia mayor's workmen's comp claims total $145,000
BY BETH HUNDSDORFER AND GEORGE PAWLACZYK

Belleville News-Democrat - June 8, 2008

A fall down stairs while on the job resulted in Mayor Frank Bergman receiving a village check for more than $20,000 -- the fourth time he has received payment for injuries while working for local government.

Bergman, who is paid a salary of $40,000 as mayor, received payouts totaling $145,463 since making his first worker's compensation claim in 1986 while working for the Commonfields of Cahokia Public Water District.

The latest payment, a $20,669 check, was approved for Bergman at the May 6 Village Board meeting, according to a village finance department invoice. The settlement is tax free.

"I got hurt in the village," Bergman said. He declined further comment and hung up when asked for the settlement amount and information about the injury.

Attorney Rod Thompson of Belleville said Bergman, who slipped on steps at the Village Hall on Dec. 9, 2005, received payment for a 22.5 percent loss of the use of his leg and underwent surgery at a Granite City hospital. The village will not be reimbursed for the settlement amount nor for medical expenses, he said.

"He never lost a day on the job," said Thompson, "so this was a good deal for the village."

A News-Democrat request on May 27 for the Village Board minutes in May was initially resisted, with the clerk asking for a Freedom of Information Act request, then telling reporters that the request must be reviewed by the village attorney. However, the minutes were later released,

While they mention the settlement to Bergman, they do not list the amount. The newspaper learned the amount through a village invoice.

Village attorney Robert Sprague stated in a letter dated Wednesday in response to a May 27 Freedom of Information request that he didn't have possession of documents concerning the settlement, but he did forward the request to the village.

Cahokia is a "self-insured" municipality, which means the village is a member of the Illinois Counties Risk Management Trust, said Todd Greer, the trust's marketing director. But all records of payments, including the number of claims and the amount of payouts, are confidential. Greer said confidentiality is required because of the federal Health Insurance Portability and Accountability Act, or HIPAA.

However, Workmen's Compensation Commission records excluded from HIPAA show that while Bergman was employed as a laborer for the water district in Cahokia, he was paid a total of $124,794 for three separate injury claims. According to commission records, he received the following amounts:

• $26,028 for a left leg injury Jan. 28, 1986, paid March 16, 1987.

• $2,500 for a back, neck and head injury Feb. 17, 1993, that was paid Jan. 14, 1997.

• $96,266 for a fall from a vehicle June 2, 1993, paid Aug. 30, 1996.

Taxpayers also recently paid for a 2008 GMC Acadia sport utility vehicle for Bergman's business and personal use. An Acadia, which costs between $31,000 and $42,000, averages about 15 to 22 miles per gallon. Taxpayers pay for fuel, insurance and maintenance. This payment is part of the compensation package for the position of mayor.

Contact reporter Beth Hundsdorfer at bhundsdorfer@bnd.com or 239-2570. Contact reporter George Pawlaczyk at gpawlaczyk@bnd.com or 239-2625.