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Public Education and Capacity Building

1999 Annual Report

The Open Forum, the Center's storefront in downtown Elmhurst, the Center provided citizens the opportunity to obtain free civic materials, ask any of the three full-time community lawyers questions on matters of public concern, engage in civic discussions, access electronic information, make videos, learn about local issues, attend training workshops, and develop skills for participating in the civic affairs of the communities we serve.

Four major initiatives were the focus of the Center's work during the year:

  • Public Education and Capacity Building
  • Government Accountability and the Development of Systemic Democratic Protocols
  • Litigation and Issue Advocacy
  • Building Institutions and Community Resources

Public Education and Capacity Building

The Citizen Advocacy Center is a resource for civic information. The Center's staff and volunteers routinely research and respond to hundreds of questions from citizens concerning a wide range of civic matters. A sample of some of the inquiries include whether Tax Increment Financing (TIF) funds can be distributed outside the TIF area, or if trustees meeting together outside of city hall is a violation of the of the Open Meetings Act, or how to put a binding referendum on a ballot.

The Center's staff and volunteers provide answers to enable citizen participation in local affairs, regardless of the subject matter or the point of view of those making the inquiry. Training workshops conducted by the Center's staff and volunteers and informational brochures prepared by the Center were also used to introduce citizens to civic tools. Topics range from how to research a pending bill in the Illinois General Assembly to how to read a government budget and how to use the Freedom of Information Act. The Center's programs and materials are provided free of charge to everyone. Citizens often phone or stop by the Center for more information.

Center representatives also regularly participated in a variety of public body meetings throughout the year. At the same time, the Center hosted, planned, spoke at, or participated in presentations to other groups, numerous schools and several law schools.

The following list of such activities does not include the Center's participation in public body meetings:

January

  • Illinois Math and Science Academy: Genetics and Law (Aurora) (January 7)
  • Lombard Democrats (Lombard) (January 14)
  • DuPage Senior Citizen's Council (Lombard) (January 19)
  • Plymouth Place Men's Club (LaGrange) (January 21)
  • Harvard Berkman Center for Internet and the Law (Cambridge, MA) (January 23)
  • IEA-NEA Conference (Lisle) (January 30)

February

  • Press Conference: Whistleblower Law (Chicago) (February 2)
  • Committee to Defend the Bill of Rights (Chicago) (February 3)
  • North East Public Interest Law Fair-New York University (New York, NY) (February 19)
  • Midwest Public Interest Law Fair - Northwestern University (Chicago) (February 20)
  • Harvard Law School: Wasserstein - How to Start Your Own Non-Profit Community Legal Organization (Cambridge, MA) (February 22)

March

  • DuPage County Bar Association Local Government Seminar (Wheaton) (March 3)
  • Elmhurst College (Elmhurst) (March 5)
  • Sears Retirees (Warrenville) (March 11)
  • Living History/St. Peter's Church (Elmhurst) (March 12)
  • Casa San Carlo Retirement (Northlake) (March 18)
  • LaGrange Rotary (LaGrange) (March 19) o U of I Chicago (Chicago) (March 23)

April

  • Melrose Park Rotary (Melrose Park) (April 6)
  • Civic Fair Steering Committee (Elmhurst) (April 15)
  • Urban Land Institute/Sprawl Conference (Chicago) (April 19)
  • FAIR Ralph Nader (Villa Park) (April 23)
  • DuPage County Board Proposed Purchasing Ordinance Comments (Wheaton) (April 27)
  • IMSA 11th Annual Presentation Day (Aurora) (April 28)
  • Hinsdale Men's Club-Round Table at the Community House (Hinsdale) (April 28)

May

  • Stanford Law School: How to Start a Community-based Non-profit Organization (Stanford, CA) (May 1)
  • Elmhurst College - American Federal Government class (Elmhurst) (May 6)
  • Press Publications Protest and Picket (Elmhurst) (May 25)

June

  • Mount Prospect Kiwanis (Mount Prospect) (June 21)

July

  • Parade (Elmhurst) (July 4)
  • Intern Barbecue (Elmhurst) (July 7)
  • Civic Fair (Villa Park) (July 10)
  • Tort Reform Press Conference (Elmhurst) (July 13)
  • Chicago Media Watch: Corporate Predators Lecture (Chicago) (July 15)
  • Hinsdale Rotary (Hinsdale) (July 16)

August

  • SHAC Meeting (Chicago) (August 12)
  • ICANN Conference (Santiago, Chili) (August 16-20)
  • DuPage Center for Independent Living (Glen Ellyn) (August 18)

September

  • Life Education Center (Elmhurst) (September 14)
  • Leadership Training Seminar (Chicago) (September 16)
  • Harper College (Palatine) (September 18)
  • Illinois Retired Teachers Association (Lombard) (September 23)
  • Computer Professionals for Social Responsibility (Washington, D.C.) (September 24)
  • Granny Walk (Chicago) (September 30)

October

  • York High School - Civic Involvement and Constitutional Rights (two classes) (October 1)
  • Tollway Meeting (Downers Grove) (October 1)
  • Chicago Area Law School Consortium (Chicago) (October 6)
  • OECD - The Public Voice Conference Consumer Protection - Online (Paris, France) (October 9-12)
  • Men of Leisure Meeting - Plymouth House (Hinsdale) (October 20)
  • University of Toronto: Citizens at the Crossroads (Ontario, Canada) (October 22-25)
  • NAPIL Conference (Washington, D.C.) (October 29-30)
  • Harvard Berkman Center (Cambridge, MA) (October 31)

November

  • ICANN Conference (Los Angeles) (November 1-4)
  • Advocacy Seminar (Chicago) (November 4)
  • WPWR Channel 50 Foundation Awards Ceremony (Chicago) (November 8)
  • Chicago Rotary (Chicago) (November 11)
  • DePaul University - SLAPP Suit Presentation (Chicago) (November 13)
  • College of DuPage Learning Fair (Wheaton) (November 16)
  • Tollway Meeting (Chicago) (November 19)
  • Coalition Against Digital Divide (Lombard) (November 22)
  • WTO Meeting (Seattle) (November 26-December 2)

December

  • Elmhurst College: Presentations to two Social Studies classes (Elmhurst) (December 2)
  • York High School: Human Rights Topics (two classes) (Elmhurst) (December 8)
  • Tollway Tea Party at ISTHA Headquarters (Downers Grove) (December 16)

As highlighted in the above listing of monthly activity, the Center is often before high school and college students to speak about the importance of active civic participation.

In addition, the Center took part in the Midwestern Public Interest Law Fair, the North East Public Interest Law Fair, and the National Association for Public Interest Law Fair which afforded opportunities to present the concept of community lawyering and advocacy to future lawyers. Students from DePaul University College of Law, New York University College of Law, Notre Dame Law School, Notre Dame University, University of Florida Law School and Chicago-Kent College of Law interned at the Center during the summer.

With the oversight of Center lawyers, law student interns researched several current legal issues such as the validity of digitally signed citizen petitions under the Illinois Election Code, regulation of the State of Illinois and DuPage County procurement processes, and policyholders' rights to enforce a duty of good faith upon an insurance company's board of directors.

The summer interns made presentations covering the following topics:

  • "Politics of Gambling"
  • "One Hair Tells All" (genetic testing)
  • "Who Has Access to Your Medical Records?"
  • "Why Women Pay More"

The interns also prepared or updated the following free informational brochures:

  • Freedom of Information Act requests from the Central Intelligence Agency
  • A Guide to the DuPage State's Attorney and Public Defender
  • A Guide to the DuPage Election Commission
  • A Guide to the Illinois Whistleblower Reward and Protection Act
  • Update of Tax Increment Financing Brochure

Further, an intern from the University of Florida Law School assisted in the research and drafting of an Amicus Curiae brief to the Supreme Court of Iowa on the issue of corporate accountability to mutual insurance policyholders in Illinois and other states.

In July the Center hosted its first annual Civic Fair. More than 100 non-profit organizations, associations, clubs and religious groups participated in this unique opportunity to meet one another and share information with interested citizens. The event featured a keynote speech by Ralph Nader as well as panel presentations addressing such topics as health care, transportation, environmental, and housing issues.

During the 5th Anniversary reception that immediately followed the conclusion of the Civic Fair, the Center awarded its annual Citizen Initiative Awards to six individuals who, through local efforts, have built and inspired others to build democracy.

Four issues of the Center's newsletter, Everyday Democracy, were published during the year. Citizens and community lawyers contributed editorial content.

Winter 1999:

  • "Work Must Pay" "Millions of Gallons of Gas for Tolls"
  • "Get Involved & Grow Smart, Share Your Views on Urban Sprawl"

Spring 1999:

  • The Center's fifth anniversary celebration Civic Fair events including keynote speaker, Ralph Nader

Summer 1999:

  • "Bread & Butter of Politics"
  • "Politics of Gambling & FOIA Meets the CIA"
  • "One Hair Tells All"
  • "Democracy in the Classroom & Online"
  • "A Summer of Variety"
  • "More DuPage 7"
  • "Who Has Access to Your Medical Records?"
  • "Corporate Accountability"
  • "Tax Increment Financing"
  • "Why Women Pay More"
  • "Legislative Accountability"

Fall 1999:

  • "Medicare Managed Care Helpline"
  • "Let's Give Them Something to Talk About"

All of the newsletters were posted electronically on the Center's website, which received thousands of "hits" throughout the year. Also, the Center received substantial media visibility during the year and participated in press conferences addressing whistleblower laws and tort reform.

Attached is a list of media coverage that the Center received. In 1999, workshops; presentations; participation in public body meetings; internships; brochures; the Civic Fair, its panels and speakers; the Internet; and traditional media - all constituted elements of the Center's efforts to help citizens become more involved and more effective in local affairs.

Government and Corporate Accountability and the Development of Systemic Democratic Protocols

The Citizen Advocacy Center responds to citizen inquiries and monitors local governments to confront undemocratic practices such as failing to conduct a proper search for public information, discriminating against targeted communities, ignoring clear conflicts of interest, disbursing taxpayer funds for improper public purposes, and stifling speech. Center lawyers emphasize non-litigatory approaches to using the law to strengthen the democratic process; however, the Center does litigate on behalf of select citizen causes to challenge abuses of power and remove problems that impair citizens from working with their local government.

The following summary captures many of the issues in which the Center was an advocate for the benefit of the community in 1999:

SLAPP Suit

The Center successfully represented the Wayne Community Association from a meritless complaint filed by a developer. The developer sued the Association alleging it had committed "tortious interference with business expectancy" by petitioning the DuPage County Forest Preserve to preserve open space, and talking to the press regarding the land at issue. The developer sought damages in the amount of $110 million. Known as a SLAPP suit (Strategic Lawsuit Against Public Participation), the intended result of this kind of harassment litigation is not only monetary compensation but also the stifling of speech. The Center successfully argued in favor of the Association's prompt dismissal from the suit.

DuPage Seven

This case received national attention for the alleged prosecutorial misconduct that culminated in the incarceration of an innocent man, Rolando Cruz, on death row for more than a decade. The Center sued DuPage County and the Office of the State's Attorney on behalf of a citizen petitioner to obtain legal representation for the taxpayers' interests in proceedings in the "DuPage Seven" case. First, the Center helped force the State's Attorney's recusal from the case for his conflict of interest. (He was on the defense witness list and three members of his office's staff were among those under indictment while he claimed the right to represent the county.) The Center also prevented the County from hiring new lawyers until the appellate court made its determination regarding the appropriateness of the County's termination of the Special State's Attorney. In the end, however, the Center's petition for the reinstatement of the Special State's Attorney or another independent counsel was denied and public funds were used to pay for the defense of the officials who were acquitted.

CIA Suit

The Center filed suit under the federal Freedom of Information Act (FOIA) for the Central Intelligence Agency's (CIA) records concerning the airlift of Cuban children in the early 1960's known as operation "Pedro Pan." The Center represented a DePaul University Law School Professor to force the CIA to do an adequate search for records when the CIA claimed it had almost no records. In the course of the litigation, the CIA was required to sit for the most extensive deposition to date about its information practices and search policies under the FOIA. After first denying any records existed, the CIA later did produce several documents responsive to the FOIA request, but the plaintiff was not able to force the CIA to do another search.

Mutual Insurance Reform

The subject of corporate accountability was addressed in the Center's Amicus Curiae brief to the Supreme Court of the State of Iowa in the matter of Rieff vs. Evans, Allied Mutual Insurance Company and Nationwide Mutual Insurance Company. The case addressed the question of whether policyholders in a mutual insurance company are able to legally enforce the company's board of directors' obligation of good faith in managerial actions. Unfortunately, the ruling ultimately went against the insurance consumer, leaving directors unaccountable for their actions.

Tollway Coalition

The Center is part of a coalition of local organizations seeking to hold the Illinois State Toll Highway Authority accountable for promises made to the people of the State of Illinois. Community lawyers from the Center monitored Toll Authority public meetings and supported efforts to regulate and establish oversight of the Toll Authority. For the second consecutive year, on December 16th, the anniversary of the Boston Tea Party in 1773, the Center held a symbolic "Tollway Tea Party" protest and press conference at the Toll Authority's offices in Downers Grove, Illinois.

Issue Advocacy

The Center researched numerous issues and raised citizen awareness of genetically modified foods, World Trade Organization policies, privacy matters, and how to gain access to local government. The Center also aided citizen group advocacy for policy changes on a number of issues.

Health Care Reform

The Center continued to support the work of the Campaign for Better Health Care which focuses on health care issues of consequence to citizens throughout Illinois. Patients' rights, the controversial marketing practices of HMOs, and KidCare (the statewide health care program for children established in 1999) were among the topics addressed through forums and in Everyday Democracy, the Center's newsletter.

Whistleblower Protections

The Center launched a whistleblower awareness campaign in the suburbs to help citizens understand the application of the whistleblower law at the local level and how it can be used to recover taxpayer monies when the public body has been defrauded.

Campaign Finance Reform

Informing citizens of the relationship between money and politics in Illinois is the central purpose behind the Center's study of procurement policies of DuPage County. The study, funded by a grant from the Joyce Foundation, is examining what correlation exists, if any, between campaign contributions and the county's purchasing practices. Programs, press conferences, materials and active collaboration with the work of campaign finance reform organizations, including Citizens for Clean Elections, Illinois Campaign for Political Reform, and the League of Women Voters, also furthered the efforts of the Center in this regard.

Internet Policy

In 1999 the Center added the growing Digital Divide to the roster of major issues calling for greater citizen participation. The Center participated in panels and forums to create awareness of the implications of current trends and explore possibilities for new electronic democracy efforts. In addition the Center represented consumer interests in plans to regulate the Internet at ICANN (Internet Corporation of Assigned Names and Numbers) Conferences.

Building Institutions and Community Resources

The Center fostered civic discourse in the community, helping local groups by providing technical assistance or speakers and participating in local events. In 1999 the Center continued to aid citizens in promoting systemic change, recognized the contributions of others, and was honored for its efforts. The Center provided assistance to several citizen groups advocating policy changes in the areas of civic education and public participation in local government. Space was made available at the Center for meetings of Citizens for Clean Elections, No Tolls, Inc., and the Villa Park Better Government Association, among many others.

The Center has worked closely with a group of citizens in the formation of a coalition of twenty community groups to combat hate crimes in DuPage County. With the Center's technical assistance, the newly created "DuPage County Unity Coalition" organized an anti-hate rally. The Center also helped generate press coverage of the event by appearing on a WPWR television program featuring the rally. For the second consecutive year, the Center hosted World Relief's Citizen Application Night. The Center was the meeting place for a seminar to train volunteers in providing assistance with citizenship applications, filling out the forms, and getting photo identification taken.

In addition, throughout the year the Center hosted visitors from Russia, Belarus, and Bosnia. Representing non-profits in formative stages in those countries, the foreign visitors consulted with the Center's staff on a broad range of subjects from day-to-day management issues and media relations to grassroots organizing and effective coalition building. At Harvard Law School, New York University School of Law, and again at Stanford Law School, the Center held seminars to educate law students concerning how they can advance justice by establishing a non-profit community legal organization modeled after the Citizen Advocacy Center.

Senior citizens also availed themselves of the resources at the Center. The DuPage Senior Citizen's Council, Sears Retirees, Casa San Carlo Retirement and the Illinois Retired Teachers Association were among the many groups the Center addressed during the year.

The Center recognized the outstanding contributions of individuals and groups who build democracy at its presentation of the Citizen Initiative Awards in July. The award recognizes those who have demonstrated significant and informed civic participation in their communities, and who, by their example, have inspired others to action as well. In turn, the Citizen Advocacy Center was recognized for its contributions to the communities it serves when it was honored by the WPWR-TV Channel 50 Foundation for pioneering "community lawyering." The Center was presented with the Foundation's Innovation in Advocacy Award.

Leadership and Staff

1999 Board of Directors:

  • President: Annina Fabbioli
  • Vice-President: Brian Conlon
  • Secretary: Jane Andrich
  • Treasurer: Theresa Amato

Directors:

  • Gordon Goodman
  • Patricia Hicks
  • Claire Nader
  • Andrew Prinz.

In December 1999, Barbara Greenberg, James Ekblad and Josh Silverstein joined the Board of Directors.

Advisory Council Members of 1998-2000:

  • Keith Allen
  • John Connelly
  • Porus Dadabhoy
  • John Dill
  • James Ekblad
  • Gregory Fike
  • Rita Gonzalez
  • Barbara Greenberg
  • Dennis Hamm
  • Joanna Hoelscher
  • Milt Honel
  • Corinne Johnson
  • Frank Portillo
  • Eleanor Schaack
  • Josh Silverstein
  • Jeremy Taylor

The Center's Advisory Council meets at least semi-annually.

1999 Staff:

  • Theresa Amato, Esq., executive director
  • Monica Davis, executive assistant
  • Eddi Feret, office manager, joined the Center in April, 1999 to replace Monica Davis
  • Kate Millett, Esq., community lawyer
  • Laura Sullivan, Esq., community lawyer responsible for all legal intake
  • Terry Pastika, Esq., community lawyer, joined the Center in June, 1999 to replace Laura Sullivan

Support, Contributions and Donations

The Center is financially supported by individual donations and foundation grants. The Center does not accept any government money.

Ongoing foundation support for the Center in 1999 was provided by:

  • The Shafeek Nader Trust for the Community Interest
  • The Joyce Foundation
  • The Woods Fund of Chicago
  • The John D. and Catherine T. MacArthur Foundation
  • WPWR-TV Channel 50 Foundation

Additional revenues were received from:

  • M&B Weiss Family Foundation
  • Individual Donations
  • Stanford University Center for the Study of Responsive Law
  • The Public Interest Law Initiative for a summer intern scholarship

Tax compliance services are donated by:

  • Ms. Kimberly Lemke and the firm of Andrich, Argo & Associates, Ltd. CPA's
  • Mr. Charles Grigsby, CPA for our audit

Banking services are donated by:

Cole Taylor Bank

Pro Bono advice and legal assistance has come from:

  • Public Citizen Litigation Group, Washington, D.C.
  • The Center for Study of Responsive Law, Washington, D.C.
  • Mr. Wayne R. Hannah, Jr., Sonnenschein, Nath & Rosenthal, Chicago, IL
  • Thomas Geoghegan, Esq., Despres, Schwartz, & Geoghegan
  • William E. Jegen, Esq.
  • Scott L. Mitzner, Ltd.
  • Jack L. Uretsky, Esq.
  • Charlene LaVoie, Esq., The Office of the Community Lawyer, Winsted, Connecticut
  • The Center for Insurance Research and Jason Adkins, Esq., Cambridge, MA
  • Kenneth Shepro, Esq., Altheimer & Gray
  • A number of talented and dedicated lawyers throughout the Chicagoland area

The Center is also grateful to co-counsel or legal assistance in several cases, including:

  • Gessler, Hughes, & Socol
  • Jenner & Block
  • Michael Latz, Esq.
  • Todd Michael Stafford, Esq.
  • Skadden Arps Slate Meagher & Flom
  • The Leadership Council for Metropolitan Open Communities
  • Soule & Bradtke
  • Sheri Tarr, Esq.
  • Pat Quinn, Esq.
  • Richard Pinner, Esq.

We also thank:

  • Bryce Elliot for computer assistance
  • The Civic Fair Steering Committee
  • The National Association of Public Interest Law

Hundreds of citizens and organizations support the Center by providing thousands of volunteer hours. We cannot recognize all of those many efforts here. However, we thank Jo and Ray Donaldson, Corinne Johnson, and Rose and John Argo for their regular volunteer assistance, and the DuPage County Law Librarians.

The Center would like to thank especially Mr. Bruce Roberts for his daily volunteer efforts since early 1997.

A number of businesses have made contributions to the Center in time, equipment, resources, computers, printing, and electronic connections. In particular, we thank: Eclectic Network, Inc. and Tom Pettey of Glenbard Graphics, Inc.

The Center complies with all record-keeping and filing requirements mandated by state and federal law. Our corporate records are available for inspection at our office and are on file with the appropriate State agencies.

The Center does not release the names of our individual donors, nor do we sell our mailing list to other groups. 2000 promises to be even more exciting than 1999! If you want to get involved with the Center's work, please ask about our Time Donor and Dollar Donor programs. Also, consider writing an article for our Everyday Democracy newsletter, holding a forum on a matter of public concern, adding someone to our mailing list, or volunteering to help with bulk mail, preparation, data entry, web-site development, or other office work.

The Center welcomes donations of time, energy, equipment or money. Donations to the Center are tax-deductible as provided by law. For further information about the Center, please contact us at: Citizen Advocacy Center P.O. Box 420 Elmhurst, IL 60126 (630) 833-4080 (630) 833-4083 (fax)