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Government LawyersThe newsletter of the ISBA’s Standing Committee on Government Lawyers

December 2009, vol. 11, no. 2

Public sector discipline: September 2009 Term of the Supreme Court

In re Gable, Commission No. 08 CH 67, S. Ct. No. M.R. 23234 (September 22, 2009). Jarrett Ward Gable was an Assistant Public Defender in Cook County during the misconduct in question. On May 28, 2006, he was arrested at a music festival in Peoria and was charged with two counts of possession of psilocybin, a controlled substance that acts as a hallucinogen. The Illinois Supreme Court allowed the Administrator’s amended petition to impose discipline on consent and suspended Gable for one year and until further order of the Court, with the suspension stayed in its entirety by a two-year period of probation, in view of his successful treatment for chemical dependency and his abstinence since July 2006.

In re Falcon, Commission No. 08 CH 82, S. Ct. No. M.R. 23255 (September 22, 2009), and In re Kosiba, Commission No. 08 CH 85, S. Ct. No. M.R. 23108 (September 22, 2009). Mary Jo Macalalag Falcon was employed by the City of Chicago in various positions from 1994 through 2005, including Director of Personnel of the Sewer Department, Assistant Commissioner of the Sewer Department and Assistant Commissioner of the Department of Water Management. In 1992, John Jerry Kosiba served as Assistant Commissioner of the City’s Water Department, and, in 1998, he was the Commissioner of the Sewer Department. Both Falcon and Kosiba were subject to the Shakman decree (see Shakman v. Democratic Organization of Cook County, 481 F. Supp. 1315 ((N.D.Ill.1979)), which permanently enjoined employees of the City from allowing hiring decisions to be based on political considerations, under specified circumstances. To implement the Shakman decree, the City required officials who were responsible for hiring and promotions to maintain, as part of the hiring process, Shakman referral lists, documenting their understanding of the legal requirements and verifying that, to the best of their knowledge, “political considerations did not enter into the hiring decisions documented on this form.”

During their employment with the City, both Falcon and Kosiba received lists of names prepared by the Office of Intergovernmental Affairs, a division of the Mayor’s office, when they were conducting job interviews. The lists identified individuals who were expected to be interviewed and hired for certain positions because of their political involvement, affiliation or work on political campaigns. Both attorneys interviewed the required applicants, or arranged for hiring panels to conduct interviews, and then adjusted rating sheets, if necessary, to ensure that the listed individuals scored highly and would receive City jobs. The attorneys also falsely certified on Shakman referral lists that the hiring process had been conducted without political considerations.

Falcon and Kosiba cooperated with federal authorities, and both testified at the trial of Robert Sorich and his co-defendants with respect to the hiring of politically connected individuals for City jobs. They both received immunity from prosecution from the federal authorities. The Illinois Supreme Court allowed their petitions for discipline on consent and suspended each of them for three years.

The full text of the Gable, Falcon and Kosiba petitions, as well as the Supreme Court’s final orders, may be accessed through the Attorney Registration and Disciplinary Commission’s web site at <www.iardc.org>, by selecting “Rules and Decisions.” ■


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