Sherman withdraws from program
The Village of Sherman has withdrawn from North County Teen Court, a diversion program that handles cases of minor crimes committed by juveniles, and an Illinois State Police investigation is underway.
The court includes a “jury” of teenagers that decides what penalties youthful offenders should face for minor offenses such as vandalism and underage drinking. The court handles cases that would otherwise be referred to the Sangamon County State’s Attorney’s office. Police departments that participate in the court include Williamsville, Riverton, Spaulding and Buffalo-Mechanicsburg.
Citing concerns about finances and the status of records taken from the village police files, the Sherman Police Department withdrew from the program last month. In a Dec. 16 letter to Karen Hoffek, the court’s executive director, Sherman police chief Craig Bangert, wrote that questions raised about the court’s finances by village trustees had gone unanswered for two months.
“I was appointed chief of police last February and have yet to speak to any (court) executive board members regarding official teen court matters,” Bangert wrote.
Hoffek in a prior letter to Sherman Mayor Trevor Clatfelter had acknowledged that teen court records are kept in her garage. Just what records were in the garage isn’t clear. Hoffek wrote that the Riverton and Spaulding police chiefs had inspected the records and found no juvenile records, but court dockets with juvenile names on them were given to Riverton police chief James Lawley for destruction.
Concerned that juvenile records might wrongly have been taken from the village police department, the village has called the Illinois State Police to conduct an investigation, which Hoffek confirmed is ongoing. The village is also concerned that the court has not produced budgets and financial records showing how it has been spending money.
“I am not comfortable,” Clatfelter said in an interview. “I have seen no documents. … They tell me they don’t maintain a budget. They don’t know where the money is or has been spent.”
Clatfelter said that the village historically has provided $1,000 per year to the court, but those payments stopped last year amid concerns about the court’s handling of money and juvenile records.
Hoffek acknowledged that the court doesn’t operate with a budget, but she said no money has been misspent.
“There’s nothing to hide,” Hoffek said.
“We don’t have a budget because we don’t have any money. We have no clue how much money we’re going to have, so we keep a checkbook, and everything is recorded as to what it’s been spent for.”
The court had been billing itself as a nonprofit 501(c )3, with all contributions tax exempt. However, Internal Revenue Service databases show that the court is not registered with the IRS as a nonprofit charity, and so donations to the court cannot be tax deductible. The court removed statements from its website that it is a 501 (c ) 3 after Illinois Times requested financial records. Under federal law, charities must disclose financial information upon request.
In addition, the secretary of state administratively dissolved the court last summer for failure to file an annual report as required by law. The proper paperwork was filed this month, however, and the court has been returned to good standing by the secretary of state.
Hoffek said that the court wasn’t aware of IRS regulations that require charities to file financial paperwork, and the court last year didn’t receive a renewal notice from the secretary of state about the required annual report. After Illinois Times asked for records, Hoffek said that she called the IRS and discovered that the court is not actually a 501 (c )3 organization. She said that the proper paperwork will be filed.
“None of us are tax people or whatever,” Hoffek said. “That’s just something that slipped by.”
Hoffek said that the court rarely gets donations from the public. Juvenile offenders whose cases are handled by the court pay $25, she said. She disputed Clatfelter’s contention that Sherman has been giving $1,000 a year to the court, although she said that the village gave the court $2,000 in 2014 to help cover expenses for that year and the previous year.
“They have not given us $1,000 a year,” Hoffek said. “We have a FOIA (Freedom of Information Act request) in to the village on that.”
Hoffek said annual scholarships given to teens who serve on the court are the program’s biggest expense. The court gives out two scholarships of $750 each year, she said. She said the court also needs money for computer equipment and shirts for teens who participate in the court.
While Sherman has withdrawn from the court, the chiefs of the Riverton and Williamsville police departments said they have no concerns.
Chief Richard Edwards of the Williamsville police department said that he’s been told that the court isn’t considered a “public entity” under the law, and so isn’t required to operate with a budget. The teen court, he said, is a great program that helps kids.
“It’s a great outlet for young people to prevent them from getting criminal records,” Edwards said.
Contact Bruce Rushton at [email protected].
