Santana v. State Board of Elections ( 2007 )

FOURTH DIVISION
MARCH 15, 2007
No. 1-05-1950
VICTOR SANTANA, ) On Review from
) an Order of the Illinois
Petitioner-Appellant, ) State Board of Elections.
)
v. )
)
THE STATE BOARD OF ELECTIONS, )
its members JOHN R. KEITH, JESSE SMART, ) No. 04 CD 038
WANDA L. REDNOUR, ELAINE ROUPAS, )
WILLIAM M. McGUFFAGE, DAVID E. MURRAY, )
ALBERT PORTER, BRYAN A. SCHNEIDER, )
and its Executive Director, DANIEL WHITE, )
and SCOTT SAEWERT, )
)
Respondents-Appellees. )
JUSTICE CAMPBELL delivered the opinion of the court:
Petitioner, Victor Santana, appeals from the decision of the Illinois State Board of
Elections (Board) finding that he violated multiple sections of the Illinois Election Code. See 10
ILCS 5/1-1, et seq. (West 2004). The Board acted on the complaint of respondent Scott Saewert,
who filed a complaint alleging that Santana violated the Election Code in connection with the
printing and mailing of campaign literature pertaining to the primary election in Wheeling
Township, Illinois, in March 2004. The Board and Saewert filed separate response briefs;
Saewert adopts the majority of the content of the Board's brief. We review this administrative
order of the Board directly, pursuant to section 9-22 of the Election Code. 10 ILCS 5/9-22 (West
2004).
1-05-1950
On appeal, Santana contends that: (1) the Board incorrectly concluded that Santana is a
political committee required to file campaign financing reports; and (2) the Board's decision is
deficient for failure to thoroughly consider the record. For the following reasons, we affirm the
order of the Board.
BACKGROUND
The record on appeal contains the following relevant facts. Saewert is the committeeman
of the Republicans of Wheeling Township (RWT) as well as the highway commissioner of
Wheeling Township. Wheeling Township is comprised of the municipalities of Wheeling,
Arlington Heights, portions of Buffalo Grove, Mount Prospect, Des Plaines, and Rolling
Meadows, all located northwest of the City of Chicago. In its capacity as official local organiza-
tion of the state Republican Party, the RWT reviews the candidates in primary and general
elections and chooses and endorses its candidates. As committeeman, Saewert participates in
making endorsements that are sometimes communicated to voters via direct mail advertising.
According to Saewert's complaint, in March 2004, Wheeling Township experienced a
"hotly contested and well-financed" three-way primary campaign for judge of the circuit court of
Cook County, Twelfth Judicial Subcircuit. Saewert and the RWT endorsed candidate Kay Marie
Hanlon and, in support of Hanlon, authorized, produced and mailed to Wheeling Township
voters several days before election day a yellow, black and white "sample ballot" highlighting
Hanlon's race for the Twelfth Subcircuit race, and also urging voters to support other local, state
and national candidates.
At the time the sample ballot was distributed, Saewert learned that a different but similar-
looking sample ballot arrived in the mailboxes of Wheeling Township voters. This alternative
sample ballot was also yellow, black and white in color. The non-RWT sample ballot (Bubaris
-2-
1-05-1950
Ballot) purported to endorse the candidacy of Hanlon's rival for the Twelfth Subcircuit judicial
race, Athena Frentzas Bubaris. Saewert's name (misspelled as "Saewart") and home address
appeared as the return address on the Bubaris Ballot, as describing Saewert's title as
committeeman of an organization called the "Regular Republican Organization of Wheeling
Township," a group Saewert asserted does not exist.
The Bubaris Ballot purported to originate from the Regular Republican Organization of
Elk Grove Township, despite the prominent display of Saewert's name and mention of the
Wheeling Republican organization. The Regular Republican Organization of Elk Grove
Township, an existing political group, did not commission the Bubaris Ballot.
As a result of the competing sample ballots, voter confusion ensued in the Wheeling
Township precincts. Saewert testified that he received many telephone calls from residents
involved in Republican politics in Wheeling Township who were baffled over the apparently
conflicting endorsements.
Saewert filed an initial complaint with the Board. Saewert's complaint led to an
investigation which ultimately identified Santana as the individual who placed an order and paid
for the printing of the Bubaris Ballot. On July 15, 2004, Saewert filed a formal complaint
alleging that Santana violated sections 9-3, 9-9.5, and 9-10 of the Election Code pertaining to the
registration and reporting of political committees. In a closed preliminary hearing, the Board
determined that the complaint was filed on justifiable grounds and ordered a public hearing.
A public hearing commenced before a hearing officer on October 15, 2004. Saewert
testified at the hearing and introduced eight exhibits into evidence. Santana testified and
introduced only his own affidavit as an exhibit. Two witnesses testified on Saewert's behalf,
Paul Bubaris, the husband of candidate Athena Frentzas Bubaris, and Kurt Ricker, the owner of
-3-
1-05-1950
Mailing Concept Solutions, Tinley Park, the company that produced the Bubaris Ballot. Santana
questioned Ricker, but called no witnesses on his behalf.
Santana testified that he has worked on state, local and national political campaigns for
Republican candidates for over 22 years, as both a consultant and campaign manager.1 In March
2004, Santana assisted the primary campaign of Athena Frentzas Bubaris, as a "volunteer."
Santana created a sample ballot promoting Athena Frentzas Bubaris at the direction of Paul
Bubaris and provided information to AllMedia Print Solutions. Santana stated that the sample
ballot was to be mailed to voters in Elk Grove Township just before the day of the primary
election, as Athena Frentzas Bubaris was the endorsed candidate of the Republican organization
in Elk Grove Township.
Santana testified that he had "no idea" how his sample ballot came to feature Saewert's
name and home address rather than Santana's name, or the name of the Bubaris campaign, nor
could he account for how the sample ballot was mailed to voters in Wheeling Township.
Santana reviewed mailings for Hanover2 and Elk Grove Townships and did not see actual proof
of mailing to Wheeling Township. Santana speculated that the printing company representatives
1
Santana was the defendant in the unpublished Supreme Court Rule 23 disposition
Olszewski v. Santana, No. 1-02-2498 (July 20, 2004), which addressed Santana's participation in
the publication and distribution of defamatory political communication, including a brochure
known as "Liar Liar," in connection with the March 17, 1998, Republican primary race for Cook
County Board commissioner.
2
Santana testified that the Hanover mailing was a separate and different mailing.
-4-
1-05-1950
consulted with websites of local political organizations to determine the appropriate
committeemen and their corresponding addresses.
Santana testified that the total amount he paid for the Bubaris mailing was $3500. He
met Alan Drazek of AllMedia at Portillo's restaurant on Harlem Avenue in Chicago and paid
Drazek in two cash installments, remitting about $2,200 "the first day," and the remainder the
next day. Santana stated the order was for "two jobs," one for Wheeling and one for Hanover.
Santana indicated that these activities occurred "pretty close to the election," and that "we had to
get the postage and put it in the mail." Santana stated that he never received a copy of the bill for
printing services.
Paul Bubaris testified that he and Santana were good friends and had known each other
for 15 years. Bubaris stated that he spoke with Santana about the Twelfth Judicial Subcircuit
judgeship race every day during the campaign. Bubaris told Santana that he wanted to raise his
wife's profile in Elk Grove Township, where she was the endorsed candidate, by highlighting her
candidacy in a sample ballot listing her race in addition to the other contested races from state
representative up to the presidency. In fact, at that time, Elk Grove Township voters had already
received a sample ballot from the Regular Republican Organization of Elk Grove Township
backing Athena Frentzas Bubaris' candidacy.
Bubaris testified Santana agreed to be responsible for the second mailer. Bubaris and
Santana decided that the mailer should be mailed to voters in Elk Grove Township. Bubaris
disclaimed either any personal responsibility or any culpability on the part of the campaign for
the mailer targeting voters in Wheeling Township because that was not what he wanted or
expected.
-5-
1-05-1950
Ricker testified that his company, Mailing Concepts, produced the Bubaris Ballot mailer
in conjunction with the graphics and printing firm, AllMedia Print Solutions, based on content
provided by Santana. Ricker showed an invoice for the job completed on March 9, 2004, in the
amount of $4,648, and stated that Santana paid cash for the mailer project.
The hearing officer issued a report and recommendations sometime late 2004.3 The
Hearing Officer made finding of fact that Santana worked "as a volunteer for Athena Frentzas
Bubaris" and "on behalf of" the Hanover Organization of Republicans. The hearing officer found
that Santana spent in excess of $3,000, for a total of $4,648. The hearing officer found that
Santana: "did not receive any reimbursement from the Citizens for Athena Frentzas Bubaris or
the Hanover Organization of Republicans because the sample ballots were mailed late, contained
errors and, in the case of Citizens for Athena Frentzas Bubaris, [were] sent to the wrong voters."
The hearing officer concluded that once Santana learned that neither the Hanover
Organization nor the Citizens for Athena Bubaris would reimburse him for the $4,648 paid for
the Wheeling Ballot and other mailers, he became a "local political committee" and was
obligated to file a statement of organization and disclose the money expended. The hearing
officer found that Santana violated several provisions of the Election Code, assessed a penalty
against Santana in the amount of $4,648, and ordered Santana to file all required organizational
and financial reports by December 31, 2004. Santana filed several of the required reports on
December 30, 2004.
On December 3, 2004, the Board voted to adopt the recommendations of the hearing
officer. In early 2005, the Board met several times to discuss the case. On February 25, 2005,
3
The report of the hearing examiner is undated in the record on appeal.
-6-
1-05-1950
the Board granted Santana's motion for a rehearing.. On May 23, 2005, the Board issued its final
order. Therein, the Board found as follows:
"1. The Respondent violated 10 ILCS 5/9-3 and 5/9-10 in
that the Respondent spent $4648.00 to support a candidate for
public office but did not file a D-1 Statement of Organization, a
Schedule A-1, a March 2004 Pre-Election Report of Campaign
Contributions, or a June 2004 Semi-Annual Report of Campaign
Contributions and Expenditures in a timely manner; and
2. The Respondent also violated 10 ILCS 5/9-9.5 by failing
to attach the required attribution of source to distributed political
materials***."
The Board assessed a penalty against Santana in the amount of $4,648; referred the matter to the
office of the Cook County State's Attorney for review; and denied Santana's petition reconsidera-
tion of its final order on June 16, 2005. Santana filed this timely appeal from the Board's orders
of May 23, 2005, and June 16, 2005.
OPINION
On appeal, Santana initially contends that the Board incorrectly determined that he is a
political party subject to the sections 9-3, 9-9.5 and 9-10 of the Election Code. 10 ILCS 5/9-3,
9-9.5, 9-10 (West 2004). Santana argues that the evidence at the hearing revealed that he was
working for established political committees and therefore did not constitute a political party
subject to the above provisions of the Code.
This court reviews the decision of an administrative body as a "mixed question of law and
fact," on a "clearly erroneous" standard. AFM Messenger Service, Inc. v. Department of
-7-
1-05-1950
Employment Security, 198 Ill. 2d 380, 763 N.E.2d 272 (2001); City of Belvidere v. Illinois State
Labor Relations Board, 181 Ill. 2d 191, 692 N.E.2d 295 (1998). A mixed question of law and
fact involves an analysis of the application of the rule of law to the established facts; the ultimate
determination is whether the rule of law is violated. AFM Messenger, 198 Ill. 2d at 391, 763
N.E.2d at 279. The "clearly erroneous" standard is "significantly deferential" to administrative
decisions and requires that an agency's determination will be reversed "only where the reviewing
court, on the entire record, is 'left with the definite and firm conviction that a mistake has been
committed' " AFM Messenger, 198 Ill. 2d at 394, 763 N.E.2d at 281 (quoting United States v.
United States Gypsum Co., 333 U.S. 364, 395, 92 L. Ed. 746, 766, 68 S. Ct. 525, 542 (1948)).
The decision of an election board is subject to such deference. Bonaguro v. County Officers
Electoral Board, 158 Ill. 2d 391, 634 N.E.2d 712 (1994).
The requirements for the formation of a political committee is detailed in section 9-3 of
the Election Code, which provides in pertinent part as follows:
"§ 9-3. Every state political committee and every local
political committee shall file with the State Board of Elections ***
a statement of organization within 10 business days of the creation
of such committee, except any political committee created within
the 30 days before an election shall file a statement of organization
within 5 business days.
***
The statement of organization shall include -
-8-
1-05-1950
(a) the name an address of the political committee (the
name of the political committee must include the name of any
sponsoring entity);
***
For purposes of this Section, a 'sponsoring entity' is (i) any
person, political committee, organization, corporation, or
association that contributes at least 33% of the total funding of the
political committee *** ." 10 ILCS 5/9-3 (West 2004).
This court analyzed and applied section 9-3 in Brennan v. Illinois State Board of
Elections, 336 Ill. App. 3d 749, 764, 784 N.E.2d 854, 866 (2002). The record there revealed that
in mid-February 2001, Dennis Brennan formed a political committee to oppose four candidates
running for election to the Oak Lawn school board. Brennan financed the committee through
personal loans and named David Zapata to serve as the committee's chairman and treasurer. The
committee produced a videotaped negative campaign advertisement against the four candidates
and anonymously distributed the tape to more than 7,000 residents of the school district prior to
the April 3, 2001, election. Brennan filed a statement of organization on March 29, 2001,
indicating that the committee was not formed until March 26, 2001. On April 27, 2001, Brennan
filed an amended statement naming himself as chairman and treasurer of the committee.
Brennan, 336 Ill. App. 3d at 754.
The Board filed a complaint against Zapata and the committee alleging improper dealings
relating to the videotape and violations of section 9-3, which requires that, as quoted above, a
political committee formed within 30 days of an election file a statement of organization with the
Board within five days of creation. Brennan, 336 Ill. App. 3d at 764. This court held that the
-9-
1-05-1950
creation date of a political committee can be traced to, at the earliest, the initial strategic political
discussions, and, at the latest, the time the committee procures political paraphernalia through
payment. Brennan, 336 Ill. App. 3d at 764.
Santana contends that "the uncontroverted evidence" at the hearing revealed that he was
acting as a volunteer for and agent of the Bubaris campaign and the Hanover Republicans for the
purposes of the two separate mailings. Santana argues that he expected to be reimbursed for his
expenditures associated with the Bubaris Ballot, but had not yet been reimbursed at the time of
the hearing, and that "the record is not clear as to when – pre or post-election" he was "supposed
to have found out that the recognized political committees would not pay for the expenditures,"
nor is it clear at what point he, in fact, became a political committee. Santana argues that
AllMedia was responsible for the errors in the printing and mailing of the Bubaris Ballot; that the
errors were not his fault; that he spent under $3,000; and that the Board made no finding of
wilfulness against him. Santana's further argues that he could not have become a political
committee until the moment he realized he would not be reimbursed $4,648, in printing and
mailing expenses.
Santana's argument is wholly without merit. Nothing in the language of section 9-3
provides a waiver of the filing requirement on the anticipation of repayment of expenses.
Section 9-3 clearly provides, as clearly interpreted in Brennan, that a political committee is
formed by the simple conduct of the actors involved in its formation. 10 ILCS 5/9-3 (West
2004). The hearing testimony in the present case reveals that Santana formed a political
committee prior to the primary election as early as the time he placed the order for the Bubaris
Ballot materials, March 9, 2004. Further evidence of the formation of a political committee is
- 10 -
1-05-1950
shown by Santana's cash payment for the Bubaris Ballot materials in two consecutive meetings at
a Portillo's restaurant shortly afterwards.
Santana's next contention, that he was not a political committee because he spent less
than the threshold of $3,000 on political materials for two different projects, one for Elk Grove
and one for Hanover Park, is unavailing. The record shows that the Bubaris Ballot, which
Santana alleged was intended for Elk Grove Township, contained endorsements for political
offices exclusive to Wheeling Township and the name (albeit misspelled) and home address of
Scott Saewert, who resides in Wheeling Township. The record also shows that Santana paid for
all of the mailings for a total amount of $4,648.
A political committee is defined in section 9-1.8 of the Election Code as follows:
"[T]he candidate himself or any individual, trust,
partnership, committee, association, corporation, or any other
organization or group of persons which -
(a) accepts contributions or grants or makes expenditures
during any 12-month period in an aggregate amount exceeding
$3,000 on behalf of or in opposition to a candidate or candidates
for public office who are required by the Illinois Governmental
Ethics Act *** to file statements of economic interests with the
Secretary of State [or]
***
(d) accepts contributions or makes expenditures during any
12-month period in an aggregate amount exceeding $3,000 for
electioneering communications relating to any candidate or
- 11 -
1-05-1950
candidates described in paragraph (a) ***." 10 ILCS 5/9-1.8 (West
2004).
Santana's own testimony reveals that he satisfied the transactional requirements for the definition
of a political committee under section 9-1.8. Notwithstanding Santana's testimony that he paid
the invoice in two installments, the invoice does not indicate two separate jobs. Rather, the
invoice for $4,648 states the total amount due for the printing, processing and mailing of 13,000
"Wheeling Township SAMPLE BALLOTS." The invoice is stamped "PAID" with a notation
that payment was made in "cash." Thus the record shows that Santana made expenditures "in an
aggregate amount exceeding $3,000" either on "behalf of or in opposition to a candidate or
candidates for public office" related to "electioneering communications."
Moreover, Santana, in fact, became a political committee on March 1, 2004, the date
Santana entered as the creation date of "Citizens In Action" (CIA), upon filing a statement of
organization with the Board on December 30, 2004. Santana testified that he filed a D-2 semi-
annual report wherein he stated that he made contributions to CIA, his political committee, in the
amount of $3,500, and then made $3,500 in payments to Mailing Concept Solutions on March 9,
2004.
Thus, the Board correctly found that Santana became a political committee pursuant to
section 9-3 "no later than March 9, 2004," the date of the invoice for the Bubaris Ballots.
Santana further disputes the Board's finding that he violated section 9-9.5. In support,
Santana argues: (1) he was acting as an agent for political principals who were responsible for
compliance with the disclosure requirement; (2) the Board was bound to accept the testimony
witnesses at the public hearing; (3) the Board is bound by the report of the hearing officer; and
- 12 -
1-05-1950
(4) since he was not a political committee pursuant to section 9-3 at the time he placed the order
for the Bubaris Ballot materials, he could not have violated section 9-9.5.
Section 9-9.5 of the Election Code provides:
"§ 9-9.5. Disclosures in political communications. Any
political committee, organized under the Election Code, that makes
an expenditure for a pamphlet, circular, handbill, Internet
communication, radio, television, or print advertisement, or other
communication directed at voters and mentioning the name of a
candidate in the next upcoming election shall ensure that the name
of the political committee paying for any part of the communica-
tion, including, but not limited to, its preparation and distribution,
is identified clearly within the communication as the payor." 10
ILCS 5/9-9.5 (West 2004).
Initially, Santana argues that he was not subject to the 9-9.5 disclosure requirement
because in procuring the Bubaris Ballot materials, he was acting as an agent for the established
political committees "Citizens for Athena Bubaris" and "Hanover Organization of Republicans."
Santana provides no authority for this contention and it is therefore waived for review. 188 Ill. 2d
R. 341(e)(7); Brennan, 336 Ill. App. 3d at 763, 784 N.E.2d at 865.
Even if not waived, Santana has not established the existence of an agency relationship.
An agency is a fiduciary relationship in which the principal has the right to control the agent's
conduct and the agent has the power to act on the principal's behalf. Amigo's Inn, Inc. v. License
Appeal Comm'n, 354 Ill. App. 3d 959, 965, 822 N.E.2d 107, 113 (2004). Generally, the question
of whether an agency relationship exists and the scope of the purported agent's authority are
- 13 -
1-05-1950
questions of fact. Progress Printing Corp. v. Jane Byrne Political Committee, 235 Ill. App. 3d
292, 601 N.E.2d 1055 (1992). A principal-agent relationship exists when the principal has the
right to control the manner in which the agent performs his work and the agent has the ability to
subject the principal to personal liability. Amigo's Inn, 354 Ill. App. 3d at 965, citing Lang v.
Silva, 306 Ill. App. 3d 960, 972, 715 N.E.2d 708, 716 (1999).
Here, the record reveals that Santana was not employed by the Bubaris campaign;
Santana described himself as a "volunteer." The record further reveals that neither Paul Bubaris,
Citizens for Athena Bubaris nor the Hanover Organization of Republicans controlled the manner
and method by which Santana produced and obtained the Bubaris Ballot. Moreover, Paul
Bubaris testified that the Bubaris campaign had no involvement in the mailing. Finally, the
mailing, supposedly designed to reach the voters of Elk Grove Township, mysteriously sported
the incorrectly spelled name and home address of Saewert, the Committeeman of Wheeling
Township, as if inserted by an occult hand. In light of this evidence, Santana cannot establish
that he was an agent for any principal or that his work procuring the Bubaris Ballot fell within the
scope of any purported authority.
Santana further contends that the Board was bound to accept the testimony of witnesses at
the public hearing. Santana argues that a trier of fact in an administrative hearing may not reject
the testimony of a witness unless the testimony is inherently improbably or the witness has been
impeached. People ex rel. Brown v. Baker, 88 Ill. 2d 81, 85, 430 N.E.2d 1126 (1981); and
Terrano v. Retirement Board of Policemen's Annuity and Benefit Fund, 315 Ill. App. 3d 270, 733
N.E.2d 905 (2000).
Santana's contention is unsupported by any citation to evidence in the record as to which
witness and what testimony was improperly rejected by the hearing officer. A mere contention
- 14 -
1-05-1950
unsupported by argument "do[es] not merit consideration on appeal." Elder v. Bryant, 324 Ill.
App. 3d 526, 533, 755 N.E.2d 515, 522 (2001). Santana has therefore waived this issue on
review.
Next, Santana argues that the Board is bound by the report of the hearing officer, who,
Santana contends, did not find a violation of section 9-9.5 "because of the uncertainty as to when
Santana became a 'political committee.' " Santana again fails to elaborate on the details of the
Board's allegedly erroneous finding. Nevertheless, the Board is not required to defer to the
findings of a hearing officer, including any determinations the hearing officer might make about
the credibility of witnesses. Hearne v. Chicago School Reform Board, 322 Ill. App. 3d 467, 479,
749 N.E.2d 411, 422 (2001). As stated above, on administrative review of an agency action, this
court reviews the finding of the Board's order on a clearly erroneous standard. AFM Messenger,
198 Ill. 2d at 395, 763 N.E.2d at 281. Santana has failed to show that the Board's finding that he
became a political committee prior to the March 2004 primary election was clearly erroneous.
Santana further argues that since he was not a political committee at the time he placed
the order for the Bubaris Ballot materials, he could not have violated the disclosure requirement
of section 9-9.5. Santana's argument is unsupported by the record. As detailed above, the record,
including Santana's own testimony, supports the Board's finding that he became a political
committee subject to the disclosure requirements of section 9-9.5 as early as the time he decided
to create the Bubaris Ballot. The record further shows that by failing to comply with the
provisions of section 9-9.5, Santana created voter confusion by placing Scott Saewert's name and
home address on the Bubaris Ballot. We find no error in the Board's conclusion.
Santana additionally contends that the Board's finding that he violated section 9-10 of
the Election Code by failing to file certain financial reports was clearly erroneous. Section 9-10
- 15 -
1-05-1950
of the Election Code, "Financial reports" (10 ILCS 5/9-10 (West 2004)), contains the require-
ments for the filing of campaign financing reports, including reports of campaign contributions
(section 9-10(b)); a semi-annual report (section 9-10(c)); and a report of "any contributions of
more than $500" made between the last-submitted report and the date of the election (section 9-
10(b-5), also referred to as "Schedule A-1"). Santana argues that the Board did not make a
finding as to "which part of Section 9-10" he violated and that the Board's decision was
erroneously premised on its erroneous finding that Santana was a political committee.
Santana asserts that the Board improperly determined that he had some sort of "de facto"
status as a political committee, as was the determination by the Board in Brennan. Santana dis-
tinguishes Brennan, explaining that unlike the present case, the petitioner Brennan, an attorney,
had served as chairman or treasurer of nine different political committees in the 10 years
preceding that case, actually formed and ran the committee at issue, including personally funding
its activities, arranging for Zapata to sign the required D-1 forms, and filing those forms with
false information regarding the genesis of the committee activities. Brennan, 336 Ill. App. 3d at
763-65.
Contrary to Santana's argument, the present case is, in fact, similar to Brennan on the
facts detailed herein. Santana exhibited indicia of a political committee by producing and
procuring campaign literature, paying for such materials with his own cash funds, and ensuring
its dissemination. Based on the evidence at the hearing, the Board concluded that Santana
violated all of the financial reporting requirements of section 9-10 and we cannot conclude that
the Board's finding was in error.
Finally, Santana contends that the Board's decision is "woefully inadequate" for failure
either to cite to the record or to refer to the hearing officer's report. Santana argues that the
- 16 -
1-05-1950
hearing officer "left open a crucial factual and legal determination" regarding the exact point at
which Santana became a political committee and therefore did not make any determination that
he violated section 9-9.5. Santana argues that an order of an administrative agency must contain
findings to make judicial review of its decision possible. See Shallow v. Police Board, 60 Ill.
App. 3d 113, 376 N.E.2d 1025 (1978) (record on appeal contained neither the recommendation
of the hearing officer, the findings of the police board, nor that board's final decision).
As noted above, this court reviews the decision of an administrative agency based on the
entire record. AFM Messenger, 198 Ill. 2d at 394, 763 N.E.2d at 281; Younge v. Board of
Education, 338 Ill. App. 3d 522, 788 N.E.2d 1153 (2003) (on review, appellate court may affirm
an agency's decision on any basis appearing in the record, regardless of the agency's reasoning).
Accordingly, the salient issue is whether sufficient grounds exist in the record to justify the
Board's ultimate decision.
Santana's reliance on Shallow is misplaced. The record before this court includes the
transcript of public hearings and documentary evidence, the report and recommendation of the
hearing officer, the transcript of proceedings before the Board, and its findings and orders, which
incorporate the Board's final decision. As such, the record is more than sufficient to support the
Board's decision and to aid in our review.
For all of the reasons stated herein, we affirm the decision of the Board.
Affirmed.
NEVILLE, and MURPHY, J.J., concur.
- 17 -