* From the twitters…
* So I reached out to Denise Rotheimer, who has accused Sen. Ira Silverstein of sexual harassment. Rotheimer told me this today about the Legislative Inspector General…
The LIG said she has concluded her investigation and is taking no action at this time.
More when I know more.
…Adding… The Legislative Ethics Commission now has the option to order the LIG to reopen the investigation or it could go out and hire another special inspector general to pursue the claims. Neither seems likely.
*** UPDATE 1 *** From Ms. Rotheimer…
I have been informed by Julie Porter that I have no rights. None that she can think of.
When I told her I have a constitutional right under the 1st Amendment to speech that I am entitled to be heard in this process. She said I am confused because that is not how this process works and explained when I filed the complaint it was nothing more than making a tip to the government.
On Friday I asked her the status on my complaint because I am having nightmares. She said she concluded her investigation but will not take action at this time. I asked her in an email to take action on a finding sooner than later and not wait until the March primary. If however Silverstein who does have rights in this process and was privy to the LEC meeting today that I didn’t know about until being contacted by a reporter- knows something I don’t because I “am not a person ” in this process then it’s possible the LIG did take action.
This process is rigged in his favor so I know he is happy with it. But I have not been informed with any action by the LIG of her finding or recommendation other than what she said in Friday that her investigation is complete but she is not taking action at this time.
*** UPDATE 2 *** From the IG’s report…
Ultimately, I conclude that although Silverstein did not engage in sexual harassment in violation of the State Officials and Employee Ethics Act, or other unlawful conduct, he did behave in a manner unbecoming of a legislator in violation of the Illinois Governmental Ethics Act, 5 ILCS 420/3-107.
* From the Ethics Act…
No legislator may engage in other conduct which is unbecoming to a legislator or which constitutes a breach of public trust.
The entire report is definitely worth a read.
*** UPDATE 3 *** Back to the IG report…
In the communications available to me, there are dozens of instances where Rotheimer initiates, prolongs and deepens the intimacy of the discussions. She repeatedly compiments and flirts with Silverstein. […]
I do not suggest that she is lying about how she felt, and I do not conclude that that she subjectively welcomed the communications. Again, my interviews with the State’s Attorney and Rotheimer’s friend corroborate Rotheimer’s assertions that - at the time - she was uncomfortable… My objective assessment is that even if Rotheimer was internally cringing at the messages Silverstein sent her and did not welcome them, she gave no outward sign of that at all, and no one - including Silverstein - would have any way of knowing that she was not a fully willing participant in the discussions.
*** UPDATE 4 *** Sun-Times…
“I’m not a person in this case. He gets all the rights,” she said of Silverstein, adding she planned to put out further evidence publicly.
“If she wants to make a no finding, I will show everybody with this evidence that I have that she has but doesn’t know I have,” Rotheimer said. “I’ll make it public and she’ll have to answer to that.”
*** UPDATE 5 *** Press release…
Today, Democratic Candidate for State Senate Ram Villivalam (IL-8) made the following statement regarding the Inspector General’s report summarizing her investigation into the sexual harassment charges against State Senator Ira Silverstein (IL-8):
“The Inspector General’s report makes it clear that Illinois State Senator Ira Silverstein ‘did behave in a manner unbecoming of a legislator in violation of the Illinois Governmental Ethics Act.’ It is ALSO clear that we need to have a Legislative Ethics Act with real consequences. If and when a legislator violates the Legislative Ethics Act, there need to be specific statutory punishments up to and including expulsion from the Legislature. Women need to be believed. And men need to be held accountable.
The people of the 8th State Senate District - and ALL of Illinois - deserve better.”
*** UPDATE 6 *** From another primary opponent, Caroline McAteer-Fournier…
Legislators are not above the law just because they write the laws. The general assembly needs to be held to the same level of accountability as any other citizen.
We have an Inspector General report finding that Sen. Silverstein engaged in conduct “unbecoming of a legislator,” in violation of the Ethics Act. Furthermore, the report says Silverstein “correctly acknowledges” that very fact. The public trust in the senator has evaporated. We need a senator who doesn’t require “ethics counseling.” Women all over the country are putting a stop to this nonsense, and we can do it here in the 8th District too. Sen. Silverstein, Times Up!
- Precinct Captain - Thursday, Jan 25, 18 @ 12:55 pm:
Weird from start to finish.
- PublicServant - Thursday, Jan 25, 18 @ 12:57 pm:
If I were Ira, I’d find a reason to miss the SoS anyway.
- Anonymous - Thursday, Jan 25, 18 @ 1:01 pm:
Not surprised based on her own comments we saw in the released messages.
- Perrid - Thursday, Jan 25, 18 @ 1:09 pm:
I really hope he goes down in flames in the election. Ignoring the question of whether or not he was being harassing and abusing his authority (I think he was) he was pursuing an affair. That by itself should be an indictment on his character. Won’t hold my breath though.
- Saynomore - Thursday, Jan 25, 18 @ 1:25 pm:
Sheesh, D.R., the truth called and it wants its reputation back.
- Chicago Cynic - Thursday, Jan 25, 18 @ 1:37 pm:
She may want to consider a civil action. But it seems the LIG concluded the same thing many of us reading the text exchanges did. This was gross and awkward and inappropriate, but not necessarily actionable harassment.
- Demoralized - Thursday, Jan 25, 18 @ 1:43 pm:
I don’t think complainants to any of the IG’s have any right to know the outcome of an investigation. I think the only person who must be informed is the subject.
- Just Visiting - Thursday, Jan 25, 18 @ 1:43 pm:
A rigged process? In Springfield? In an office that Lou Lang kept vacant for years? Please.
- Back to the Mountains - Thursday, Jan 25, 18 @ 1:44 pm:
I think the phrase she is looking for is “due process rights.” It’s not as clear cut that she has them in this instance.
- 47th Ward - Thursday, Jan 25, 18 @ 1:48 pm:
===She may want to consider a civil action.===
Perhaps, but I hope she retains counsel before filing suit because if this is her idea of the law, she’s going to need an expert to help her.
“I told her I have a constitutional right under the 1st Amendment to speech that I am entitled to be heard in this process.”
But completely agree that Silverstein behaved very poorly in this episode, despite the case being closed by the LIG. This is no “clean bill of health” for him, not even close.
- NeverPoliticallyCorrect - Thursday, Jan 25, 18 @ 1:50 pm:
Voters deserve what they vote for. If they vote for him again then no complaining should be heard. And i don’t want to hear any more moral superiority comments from Democrats. This state is just so in trouble.
- Undiscovered country - Thursday, Jan 25, 18 @ 2:06 pm:
the complainant is a professional victim…..sad to those legitimate #metoo examples that exist.
- Anonymous - Thursday, Jan 25, 18 @ 2:08 pm:
She’s unclear on the process for sure, Her part in the process ended when she filed the complaint. The I.G. decides if it warrants further investigation, who’s interviewed during an investigation (i’m pretty certain Ms. Rotheimer had a interview) and whether any administrative and/or legal action is pursued. She’s had more of a platform to speak her mind than 99% of the people who file complaints
- Political Animal - Thursday, Jan 25, 18 @ 2:11 pm:
It’s definitely true that sexual assault was overlooked for too long. But we have to be careful that the pendulum doesn’t swing to far in the other direction.
An accusation should not be treated like a conviction.
Mutual flirtatious banter is not assault.
- Claud Peppers - Thursday, Jan 25, 18 @ 2:20 pm:
Denise Rotheimer really won, she brought attention to a major problem. The new sexual harassment law will be very helpful to many victims. It also puts elected officials on notice. Thank you Denise!
- JoanP - Thursday, Jan 25, 18 @ 2:26 pm:
Every time Rotheimer opens her mouth on this subject, she loses more credibility.
- West Side the Best Side - Thursday, Jan 25, 18 @ 2:30 pm:
It seems to me that “she has concluded her investigation and is taking no action at this time” equals the U.S. Attorney, or AG or State’s Attorney saying “we have concluded our investigation and will not be filing an indictment at this time.” It’s over, there is no other finding necessary. Is it just me or is Ms. Rottweiler unable to understand that.
- Collect Call from Rod - Thursday, Jan 25, 18 @ 2:42 pm:
First Ms. Rotheimer filed her complaint with the wrong IG, then posted about it on social media. And then complained when she found out the IG position was vacant.
Second, Ms. Rotheimer complained that the new LIG asked her to turn over access to her social media accounts.
Third, Ms. Rotheimer complained about a reporter when he wrote about her allegation.
Fourth, NOW Ms. Rotheimer says the system is “rigged” and is the victim again. I encourage everyone to read the messages that have been released and then go to both of her Facebook accounts and read everything back to 2014.
My conclusion to this allegation is there was an emotional relational (unbecoming for both parties)and it ended and one of the participants went public. In the messages that have been shared this page and referenced in other sites, based on my memory and I could be wrong, but Ms. Rotheimer replied to a message at 3am. Now, a reasonable person on any jury would question - IF you felt that you were being harassed, then why would one continue to message and message at 3am?
Furthermore, to say that “her” bill died because Silverstein thought she had a boyfriend…. When there are opponents to a bill and those opponents include the Attorney General and other victims rights groups, and a co-sponsor of the bill removes himself as a sponsor, I don’t think the bill died because she had a boyfriend. The bill, from what I hear had serious problems.
Finally, I’m glad this issue is over. I have never met Ms. Porter, but based on her bio I believe she has the qualifications to be the LIG and form an unbiased conclusion. IF based on her fact finding investigation concluded that Ms. Rotheimer’s complaint lacked enough evidence to move forward, then we have to respect her decision and assume she had other evidence/interviews that justified the LIG’s decision.
You can criticize for my comments, but ask yourself…Where are all of the #MeToo advocates and female legislators? Why didn’t one of them come forward to defend Ms. Rotheimer and her allegation?
- Texas Red - Thursday, Jan 25, 18 @ 2:52 pm:
The newly revived LIG system ran its course and we this ambiguous result. You have to respect the system. I say let Ira run and be a proud representative of the Democratic Party !
- West Side the Best Side - Thursday, Jan 25, 18 @ 2:53 pm:
Autocorrect wouldn’t accept “Rotheimer” and I didn’t catch it before I hit Say It. I apologize. Cofeve
- Just Me - Thursday, Jan 25, 18 @ 2:59 pm:
It is unfortunate that Ms. Rotheimer feels this way. However, complaints to an Inspector General are very different than informing law enforcement of a crime.
- m - Thursday, Jan 25, 18 @ 3:08 pm:
“She said I am confused…”
Might be the best advice she’s received in this process. I really hope she gets some good advice from the people she trusts.
“My objective assessment is that even if Rotheimer was internally cringing at the messages Silverstein sent her and did not welcome them, she gave no outward sign of that at all, and no one - including Silverstein - would have any way of knowing that she was not a fully willing participant in the discussions.”
Seems like the impression nearly everyone got who has seen the messages, and the LIG has the benefit of interviewing people involved and close to the situation.
She says she was having nightmares, that she suffered trauma. I hope she receives some help for what is troubling her, but I believe that help is likely to be found somewhere other than a legal process. We should all hope for the best for her.
- Responsa - Thursday, Jan 25, 18 @ 3:10 pm:
That Porter report was a good read. There is much to be learned and contemplated within its pages.
- SaulGoodman - Thursday, Jan 25, 18 @ 3:11 pm:
“he did behave in a manner unbecoming of a legislator in violation of the IL Government Ethics Act”
So… he “technically” did not commit sexual harassment. But he violated the Ethics Act and behaved in a manner unbecoming of a legislator.
That… ain’t good.
- m - Thursday, Jan 25, 18 @ 3:22 pm:
=So… he “technically” did not commit sexual harassment.=
Not sure that you need to “technically” use the word “technically”. But hey… He also didn’t “technically” become an astronaut or “technically” jump off of a bridge.
- A guy - Thursday, Jan 25, 18 @ 3:27 pm:
This wasn’t the case to create any precedent with. It’s serious enough, but the subjects have proven to be less than perfect examples. On the black out at the SotS; whatever.
- JB13 - Thursday, Jan 25, 18 @ 3:47 pm:
– This wasn’t the case to create any precedent with –
No, I’d say it did its job of creating a precedent just fine. This will surely encourage the “real victims” to come forward now. Just think: You, too, could get the privilege of being raked over the coals and humiliated, only to watch the accused walk away chucking, a *second* time!
- Chicago Cynic - Thursday, Jan 25, 18 @ 3:59 pm:
This exactly matches my read of the situation:
“In the communications available to me, there are dozens of instances where Rotheimer initiates, prolongs and deepens the intimacy of the discussions. She repeatedly compiments and flirts with Silverstein. […]
I do not suggest that she is lying about how she felt, and I do not conclude that that she subjectively welcomed the communications. Again, my interviews with the State’s Attorney and Rotheimer’s friend corroborate Rotheimer’s assertions that - at the time - she was uncomfortable… My objective assessment is that even if Rotheimer was internally cringing at the messages Silverstein sent her and did not welcome them, she gave no outward sign of that at all, and no one - including Silverstein - would have any way of knowing that she was not a fully willing participant in the discussions.”
- Arthur Andersen - Thursday, Jan 25, 18 @ 4:15 pm:
Denise, I would stop talking now, especially about the secret evidence, before you see what a real “former federal prosecutor” is capable of.
- rivvedup - Thursday, Jan 25, 18 @ 4:22 pm:
I join in the puzzlement of many posters. Her claim to victimhood is false. You don’t keep upping the ante exchanging increasingly intimate messages, then throw the flag on his play. You tell him (or her, because harassment is gender-blind), to knock it off. Silverstein isn’t innocent here; he allegedly was looking for more than a colleague-to-colleague working relationship. Oddly enough Rotheimer’s false claims have led to some positives for women and the State as a whole, but once again the automatic blame for the mysoginistic man also hurts the cause of pursuing equality and justice for women.
- DuPage Bard - Thursday, Jan 25, 18 @ 4:23 pm:
If Rothmeier is holding more evidence and decided not to reveal to people she should, probably at this time just get a lawyer and go for the civil action.
- Louis G. Atsaves - Thursday, Jan 25, 18 @ 4:58 pm:
From a reading of the report, it appears that Ms. Porter performed a rather extensive investigation and her interviews appear to be far ranging and comprehensive.
I am uncomfortable with the current panel not having a tie breaking vote, and would recommend it be restructured with 3 members of each party who are legislators and 4 members appointed who are not legislators who can be designated as “public” members. (I see this type of line up in various administrative law settings).
The lack of any real teeth for any found wrong doing is also troubling. Publishing final decisions may spur some rewriting of the current legislation to cover some of these shortfalls.
Just some thoughts.
- ghru - Thursday, Jan 25, 18 @ 5:31 pm:
==- Claud Peppers - Thursday, Jan 25, 18 @ 2:20 pm:
Denise Rotheimer really won, she brought attention to a major problem. The new sexual harassment law will be very helpful to many victims. It also puts elected officials on notice. Thank you Denise! ==
Uh, it wasn’t drafted BECAUSE of her. She didn’t go public until the bill was unveiled.
- Altenately - Thursday, Jan 25, 18 @ 5:33 pm:
Not sure how well Rotheimer would fare with a civil lawsuit. First and foremost, a number of lawyers may not want her as a client because of her inability to exercise self-control and follow procedures.
- Sigh - Thursday, Jan 25, 18 @ 6:29 pm:
—“If she wants to make a no finding, I will show everybody with this evidence that I have that she has but doesn’t know I have,” Rotheimer said. “I’ll make it public and she’ll have to answer to that.”—
The above quote from the Sun Times speaks volumes regarding Ms. Rotheimer. Threatening the LIG bc one did not get her way is not a smart decision. {sigh, always the victim}.
- theCardinal - Thursday, Jan 25, 18 @ 8:24 pm:
Not to make light of this serious issue but this one has become tedious, has her 20 mins expired yet. The point has been made the evidence weighed. LIG may find something someplace else but it seems to be time to move on from this one.