Harry Benton was hardly a household name during an undistinguished tenure in the Illinois House of Representatives. Now, if his name is recalled at all, he’ll likely be another figure in the long-running saga of ethical failures or corruption in state government.
Just what did Benton do wrong?
Well, we may never find out. And that’s a shortcoming in implementation of the state’s ethics law that adds insult — and unnecessary mystery — to the injury evidently inflicted by the now-former Democratic House member from Plainfield while he was still in office.
Benton faced some sort of ethics charges. The legislative inspector general investigated and delivered a confidential report to Illinois House Speaker Emanuel “Chris” Welch. Welch on July 1 declared the findings “outrageous, unethical, and unbecoming of a member of the Illinois House” and urged him to resign or face expulsion.
Benton did just that. But his resignation should not mark the end of matters.
Multiple news sources, including the Tribune, have reported the complaint involved a sexual harassment claim. Whether that’s correct and whether the IG found other misdeeds are not yet known. Welch hasn’t confirmed any details, nor has any other authority in state government.
And if we never do find out, that’s evidently because in the state legislature, an accused lawmaker can make ethics charges disappear simply by resigning their office. Gov. JB Pritzker essentially said as much last week, speculating Benton resigned because “a report can’t be released about somebody that’s not in the legislature any more.”
That certainly has been the custom, but the state law governing these matters makes it not quite so simple. And there is plenty of room to argue that the Benton report needs to come out.
State law dictates that the Legislative Ethics Commission — a balanced bipartisan body representing both houses of the General Assembly that oversees the work of the legislative inspector general — may release reports in cases that could lead to suspension of at least three days or expulsion.
Benton did face potential expulsion, based on the charges. Welch has said as much.
But if jurisdiction goes only that far, then lawmakers can elude accountability simply by quitting their jobs. That’s just what Benton did, without yet making any public comment about the charges against him.
But state government’s responsibility to release ethics findings does not end there.
In fact, the law states just the opposite. The Legislative Ethics Commission “shall have jurisdiction over current and former members of the General Assembly regarding events occurring during a member’s term of office.”
If the ethics commission has jurisdiction over a former member, it also has a right to release a report about misconduct alleged in an IG’s report. In fact, Inspector General Mike McCuskey told Capitol News Illinois that the commission has a right to release his report, but McCuskey has not publicly urged the commission to do so.
If the commission won’t act, Attorney General Kwame Raoul possibly could step in.
The IG was obligated to deliver a copy of his report to Raoul. And if the AG believes any findings amount to illegal conduct — a hostile work environment claim, let’s say — he could conduct his own investigation and bring charges if appropriate.
If the charges fall short of illegal conduct and yet are still consequential, Raoul also could use his position as written into the law to persuade the Legislative Ethics Commission to release the report.
Why not just let Benton slink away, as others before him have done? Because justice demands better than that.
The people who elected Benton have a right to know the charges against him. Any former employee who brought a complaint has a right to see justice carried out — not dropped simply because Benton quit.
The general public has an interest here, too. Our confidence in the Office of Inspector General could rely on it.
And in the interest of open and accountable government — values that most public officials, Welch included, endorse — the burden of the argument against releasing a report such as this should rest on anyone resisting release of this information.
If Benton victimized someone in his office, their right to privacy can be protected by redacting their identity. The law allows for that, too.
Let’s put this in historic context: Not long ago, the legislative inspector general’s office went vacant, from 2014 until 2017, and the public barely noticed. The next person to hold the office, Carol Pope, resigned it in 2021, complaining that the putative “ethics reform” law left the office no stronger than a “paper tiger.”
If the Benton report shows that the inspector general’s office is on the job, conducting robust and effective investigations, this could help rebuild confidence in an office the public has every reason to doubt.
Welch has said Benton’s resignation is evidence that ethics enforcement in the Illinois House is working. Complaints were made and investigated. Welch promptly stripped Benton of all privileges immediately after McCuskey reported the probe to him in February.
Then, once McCuskey’s findings landed on Welch’s desk, the speaker promptly forced Benton out.
So far, so good. But because there is still so much mystery about the case of Benton, it’s not yet good enough.
David Greising is president of the Better Government Association.
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