States Attorney
WHEATON - DuPage County State’s Attorney Joe Birkett announced today that the investigation into allegations of misconduct at the County Public Works Department has been completed. After a former employee voiced allegations of criminal wrongdoing at the County Board’s May 23 meeting, State’s Attorney Birkett opened an investigation at the request of County Board Chairman Robert J. Schillerstrom and Public Works Committee Chairman Thomas Bennington (County Board District 3).
Scores of witnesses were interviewed, including present and former employees over a six month period. Additionally, financial records were obtained and reviewed in order to determine any personal enrichment at the expense of the taxpayers. Furthermore, State’s Attorney Birkett reviewed disciplinary files of the employees to determine whether or not crimes had been committed in the past.
Many of the allegations that were made did not rise to the level of criminal wrongdoing, and others that might be criminal lacked sufficient evidence to bring a prosecution. Employee discipline had already been imposed for alleged policy infractions. With regard to an allegation that employees
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State’s Attorney Investigation Leads to Supervisor’s Resignation and Policy Changes
were obtaining cash in exchange for County scrap metal State’s Attorney Birkett’s investigation did lead to the resignation of maintenance supervisor Jim Fucilla and restitution in full in the amount of $4,000 to the County of DuPage.
The investigation revealed that Public Works employees would occasionally be sent to scrap yards with metal products that were no longer of use to the County. Rather than receiving checks payable to the County, checks or cash were given to the employees and then deposited in a “petty cash fund” for the benefit of the employees. Birkett said, “This was an egregious violation of County policy, however no employee personally profited from this wrongdoing and a felony prosecution for theft or official misconduct would not be appropriate, especially in light of Mr. Fucilla’s acceptance of responsibility, his resignation and reimbursement to the County.”
During the course of this investigation a series of policy changes have been implemented, including a series of recommendations suggested by State’s Attorney Birkett and his staff, which the County Board will continue to address in the coming months.
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