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Mayor Chirico will recuse himself. Does that remove the conflict?

Mayor Chirico Will Recuse Himself. So That Will Eliminate Any Conflict. Right?

On Wednesday, May 16th AIG Investors III appeared before the Naperville Planning and Zoning Commission, regarding a property at Diehl and Raymond, requesting the following: 1.) Rezoning; (from Office, Research and Industrial “ORI” to Office, Commercial and Institutional “OCI”) 2.) Conditional Use; age restricted rental units 3.) Zoning variances: • Parking, from 392 units required in City Code to 304 units; • Height, from the current 43’ allowed to 54’8”; • Number of units, from the 139 allowed under current code (2,600 per acre) to 174 requested.

So, if approved, the proposed project will be taller than allowed by Code, have more units than allowed by Code, and have fewer parking spaces than required by Code.

AIG Investors III includes Mayor Steven Chirico and his brother, Anthony Chirico.

As the Naperville Sun reported Mayor Chirico will recuse himself from the vote if it comes before City Council.

So, no issue, right? The Mayor will recuse himself from a vote on Code variances on a personal project from which he will, presumably, personally benefit financially.

No conflicts, right?

The City staff which has to recommend approval or rejection of variances to City Code ultimately reports to City Manager Doug Krieger, who reports to Mayor Chirico and the City Council. So City staff is put in the position of recommending or not recommending variances to Code on a project which will presumably personally benefit Mayor Chirico.

No conflict there, right?

City staff recommended approval of the project.

The Planning and Zoning Commission (“PZC”) has to review and recommend approval or denial of variances to City Code for the project. Mayor Chirico has either appointed or reappointed all nine members of the PZC. The Naperville Sun recently ran an article about Mayor Chirico’s success at fund raising for his yet to be announced run for reelection. According to the Sun, at least eight people which Mayor Chirico has appointed to various Commissions have contributed to his unannounced campaign. Including through an LLC at least one member, Andrew Margulies, of the PZC. Mayor Chirico’s campaign committee spent over $2,200 at Hugo’s Frog Bar. The General Manager of Hugo’s Frog bar is Anthony Losurdo. Mr. Losurdo is also a member of the PZC. No conflict there. Right?

On May 16th the Planning and Zoning Commission approved the project 8-0.

The proposal will now go to the City Council for approval of variances to City Code. The same City Council which Mayor Chirico presides over. The same City Council which has several members strongly aligned with him. The same City Council which has members whom have received political and financial support on their City Council campaigns from Mayor Chirico.

No conflict there, right?

Is this illegal? No. Should that be the bar for conduct, if it's not illegal it's ok?

Remember the good old days, when elected officials not only avoided conflict, but also the appearance of conflict?

Is it appropriate for a Mayor to be asking city staff whom ultimately report to him, a commission consisting of members which he has appointed or reappointed, and a council of which he is a member and which has members he has supported financially and politically, to approve variances from City Code on a project which will presumably benefit him financially? If the variances are approved for him, how can they not be for the next one asking for variances?

This is the second time Mayor Chirico has presented a development project which will presumably benefit him financially for approval of variances through City staff/PZC/Council, the other one being for the development at 720 N Washington. (Which was good timing, given the proposed 5th Avenue development envisioned. A possible entirely new, bustling business district two short blocks away.)

But Mayor Chirico says he will recuse himself.

So, no conflicts. Right?

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