On December 24, 2007, the News-Gazette, in making just one more apology for the Inman/Beckett nursing home fiasco, said this.
The irony of the health facilities planning board - where all kinds of shenanigans have been documented - calling out Champaign County for its benevolent nursing home project is delicious enough, but it also had the gall to demand a fine as well. And that won't be the end of it.
Now it turns out that our own law firm might have some shenanigans to explain themselves. In August, 2006, Duane Morris, a firm with little to no Health Facilities Planning Board experience when we hired them, hired an attorney from the Health Facilities Planning Board. As early as December 2006, that same attorney, Mark Silberman started billing hours to Champaign County.
This probably runs afoul of two rules. First, the Rules of Professional Conduct, which reads in part:
Rule 1.11. Successive Government and Private Employment
(a) Except as otherwise expressly permitted by law, a lawyer shall not represent a private client in connection with a matter in which the lawyer participated personally and substantially as a public officer or employee, unless the appropriate government agency consents after disclosure.
Second is the revolving door prohibitions in Illinois law.
(b) No former officer of the executive branch or State employee of the executive branch with regulatory or licensing authority, or spouse or immediate family member living with such person, shall, within a period of one year immediately after termination of State employment, knowingly accept employment or receive compensation of fees for services from a person or entity if the officer or State employee, during the year immediately preceding termination of State employment, made a regulatory or licensing decision that directly applied to the person or entity, or its parent or subsidiary.
In regards to Silberman, he appears in the Health Facilities Planning Board minutes at least one time regarding Champaign County and memos from our attorneys on more than one occasion cite conversations with him about our case. How "substantial" his involvement was may be an open question. However, I have talked with a couple of attorneys who suggested that he just flatly should not have done any work on our project. They didn't even care about the nature of his involvement. It was enough for them to know that he worked for the agency.
I sent a FOIA to HFPB asking whether Silberman had ever asked for permission to do such work or whether it had been granted. There is no written communication regarding this.
On the positive side for Champaign County, we may be able to use Mr. Silberman's connections to lower our fine. If Mr. Silberman and Duane Morris has run afoul of the rules, it probably isn't our problem. Since Duane Morris has been especially incompetent in their representation, it's nice to know that they've brought someone in who has at least some experience in these matters.
Still riding that dead horse are we, Mark?
Well, that dead horse is going to get another 7 grand in legal fees from us.
Pony boy, if it wasn't for people like Shelden watching our tax dollars, we'd really be in a world of hurt since we can't count on the elected officials and the bureaucrats. This nursing home has been trouble from day one and all those on the county board and Mr. Inman want it swept under the rug. All we have been getting from the officials is obfuscation.
I hope Mark keeps looking behind the curtain.
I have reviewed quite a few fee applications because attorneys fees are reviewable in bankrutpcy proceedings. I objected to Peter Francis Geraci's fees in one case which ended with a Petition for Cert to the Supreme Court. I would be more than happy to review (pro bono) Mr. Silberman's fees. I think everything that comes out of that Health Care Planning Board needs to be reviewed. Mark, you can pass on that offer.