Campaign finance complaint against EC council member forwarded to Lake County prosecutor
The Lake County Board of Elections has referred a March complaint for knowingly filing an incorrect campaign finance report against East Chicago City Councilman Robert Garcia, D-5, to the prosecutor’s office.
The complaint filed by Catherine Thomas, one of two of Garcia’s challengers in the May primary election, was first heard in April and then postponed a number of times until an Oct. 17 hearing before the body.
In her complaint, Thomas accused Garcia of failing to report a $1,200 donation from the East Chicago Firefighters political action committee on his 2019 campaign finance report.
“I’ve always believed a person running for office should have some type of integrity, be honest. This man, I felt, isn’t being honest,” Thomas said. Garcia won the primary with 440 votes to Thomas’ 159. A third candidate Robert Sims received 82 votes.
Attorney Alfredo Estrada, who represented Garcia at the hearing, said Garcia filed an amendment to correct the return once he realized it was inaccurate. The amendment was filed one week before Thomas filed her complaint in March.
Estrada said in 2019 when Garcia filed the report in question, staff on the election board office advised Garcia to file the form — even though he knew it was incorrect — on time to avoid the fines and then submit an amendment to make a correction.
Then the pandemic hit. During that time Garcia was the primary caregiver for his mother and then father, who became ill and bedridden, with his father ultimately dying. Through the movement of family to his home and other people’s homes, the records need to complete the filing were lost or misplaced.
“Once they were found, we filed a correct and accurate filing before the challenge was filed,” Estrada said.
Board member Mike Mellon, a Republican, said he found the timing of the filing of the amendment suspect.
“Was it done with the knowledge of the complaint being filed?” he asked. He said Garcia admitted he knew the report was inaccurate when it was filed, but then did not filed the amendment for several years.
“It’s remarkable the coincidence of it,” Mellon said.
He said if any staff members offered that advice to him, it was an egregious error. He said the form clearly states in bold that knowingly filing an incorrect form is a Level 6 felony.
Board member Clerk Mike Brown shared Mellon’s concerns. He said he cannot know if there was criminal intent, but it was “very clear” there was some negligence.
“I have to totally agree, this board has a responsibility to do what is right,” Brown said.
Board president Kevin Smith, who is an attorney, said in referring the matter to the prosecutor’s office the body is not passing a judgment on Garcia’s intent. He said it is not for the board to decide whether or not the defective report rises to the level of a violation of criminal or civil law. That is a matter for the prosecutor’s office.
The board moved 4-1 to fine Garcia $100 for filing a defective report and agreed to refer the matter to the prosecutor’s office. Board member Robert Tribble, one of three Democrats on the board, voted against the measure.
The Lake County Prosecutor’s office has not yet received the referral as of Monday, spokeswoman Myrna Maldonado said.
Garcia Monday said he filed his amendment with the correction before any complaint was made.
