Former Orland Trustee Threatens To Sue Over Ethics Allegations

ORLAND PARK, IL — Allegations that former Orland Park Trustee Michael Carroll took votes related to a property that former Mayor Dan McLaughlin partially owns, may contribute to a possible investigation by the Village Board. Carroll denies the allegations and has threatened a defamation suit against Trustee Cynthia Nelson Katsenes, who first raised the issue.

At the Board of Trustees meeting on Feb. 1, Katsenes said McLaughlin's lawyer — former Orland Trustee Michael Carroll — had sent her a letter threatening to take legal action over misconduct allegations she made at past meetings. Katsenes had questioned McLaughlin's ownership of a Beacon Avenue property, and said both McLaughlin and Carroll had voted to table a motion on the property back in April 2017.

"As a trustee, it’s my job to look out for the residents of Orland Park," Katsenes said at the Feb.1 meeting. "Last board meeting, I pointed out that former Mayor Dan McLaughlin hid ownership of a property. For this, the former Mayor Dan McLaughlin’s attorney, former Trustee Mike Carroll, sent me a letter threatening me with a lawsuit the next day."

Katsenes went on to say, "I don’t like bullies, and I don’t like to be threatened. This caused me to do more research, and it turns out that both the former mayor, Dan McLaughlin, and former trustee, Mike Carroll, voted on this property to table a motion on April 3, 2017."

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She argued that due to McLaughlin's part ownership of the property, and Carroll representing the Beacon spot, neither one of them should have cast a vote, saying it's an "obvious conflict," regardless of the fact it was a vote to table.

Katsenes commented on McLaughlin's response to his name not being listed on the site plan the village was sent for the property. The trustee referenced McLaughlin telling Patch and other area news outlets at a press conference that he felt "it was better to not have the staff feel obligated or somehow feel under some kind of pressure to have the mayor’s property different."

"This statement is an admission on public record that he is in violation of the Orland Park Village Code — Section 5 101-J — which states that any member of a decision-making body having any direct interest in a property which is the subject of a public hearing or public meeting should disclose such fact prior to voting on the matter. Or Section 5, 101-3F — 'if the property is owned by a trust, a certified copy of the trust agreement, a list of the beneficiaries and a letter of authorization to submit the petition from the trust officer is required," Katsenes said.

Katsenes went on, saying, “State law states — 765 ILCS 405/2 Section 2 — Whenever any trustee of a land trust or any beneficiary or beneficiaries of a land trust make an application to the State of Illinois or to any of its agencies or political subdivisions — that would be Orland Park — for any benefit, authorization, license or permit relating to the land which is subject to such a trust, any interest therein, improvement to or use thereof, such application shall identify each beneficiary of such a land trust by name, address and define their interest therein. Each beneficiary shall be identified regardless of the beneficial interest in the land trust."

Katsenes said that upon further research, she uncovered that in 1989, McLaughlin, who was still a trustee, voted on an ordinance that modified zoning, recorded on the deed to a house he purchased in 1979 and sold in June 1990, shortly after the zoning change. Katsenes added, "We know that this type of behavior started at least 32 years ago."

"There is no doubt that all of these sales and purchases need to be investigated. However, it is clear to me that on the Beacon Avenue property, we need to put a stop on this permit as all owners on the trust were not identified per ordinance and state law," Katsenes said. "Additionally, this needs to be investigated to determine whether the former mayor’s actions and admission warrant a complaint to be filed with appropriate law enforcement authorities for this potential violation or any others that may have occurred."

Village Attorney Dennis Walsh agreed with Katsenes when it came to McLaughlin and Carroll voting on the Beacon property.

"I can tell you that in my opinion, when a trustee has a significant enough interest in a matter that comes before the board that he is compelled to abstain from voting," Walsh said. "That trustee should go ahead and abstain from every vote that is taken with respect to that matter, including a motion to table. In other words, the trustee should not participate in any debate or decision as it relates to the item in which they have a conflict of interest in any matter including participating in the vote to postpone the motion or the matter."

Trustee Jim Dodge called the discussion concerning, adding that if board members felt as though a law may have been broken, that board member should call the police department, Public Integrity Unit or the attorney general. He disagrees with continuing to have discussion on the matter during village meetings.

"This endlessly political investigation concerns me," Dodge said. "As of right now I’m not convinced we should spend any public dollars on what is inherently a political question, a couple of months before an election."

The Board of Trustees voted to postpone action on any possible investigation until other law enforcement agencies have been contacted. The vote was 5-1, with Dodge voting no, and Trustee Calandriello abstaining.

Patch spoke with former trustee Carroll following the board meeting, asking if Katsenes' allegations and mention of a threatening letter were true.

Carroll said that he has intentionally been staying out of Orland Park politics since leaving the board in May 2019. He said that he told Katsenes in the letter that he was surprised to receive multiple phone calls in January, after she had "made several disparaging comments" about him on public record.

"Not only were they disparaging, but they were 100 percent false. So I pulled up the minutes of the previous meetings to prove that they were false," Carroll said, adding that he has been an attorney for the last 25 years, with much practice in real estate; and has known Katsenes for about 20 years.

"Not only was that false, but when I pulled up the minutes from the June 2017 meeting, I made the motion to pull that item from the consent agenda, then I abstained from voting on it," Carroll said. "She falsely claimed that I voted in favor of it, which was absolutely 100 percent false, and she had access to that data because she even mentioned the month. So she clearly knew what the minutes showed, which was that I pulled it from the consent agenda by my motion, and then I abstained from voting on it."

Carroll said this is when he decided to send a letter to Katsenes, telling her the allegations are wrong.

"I pulled up the proof that what she was saying was false, and I sent her a letter. I explained that making a comment about somebody [that questions their professional reputation], is what the law calls defamation per se," Carroll said. "If someone makes a statement that is considered defamation per se, the person about whom they make the statement doesn't have to prove damages. It's deemed by the courts to be damaging in and of itself."

The former trustee said he asked Katsenes to retract her statements made at the following board meeting and "call it a day," and if she did not, he would sue her for defamation.

"How that's a threat, or being a bully, is beyond me. But I told her to make it right," Carroll said. "So what does she do? She doubles down and goes to Keith, [and] he republishes her entire slander of me."

Carroll said that Katsenes is "either aware of the truth and intentionally disregarding" it, or she is claiming another conclusion may be drawn, adding, "the things she's saying about those transactions are clearly not the case."

"Having known Cindy Nelson Katsenes for as long as I have, it doesn't thrill me to have to sue her. But when given an opportunity to clear my reputation, my professional reputation — which she has damaged — she chose to double down with Keith Pekau instead. And so I have really no [other] option at this point in time."

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