ELMHURST, IL – A former Elmhurst School District 205 official used his credit card for $47,615 in personal expenses over more than two years, but paid back those costs monthly, public records show.
Is there a possible criminal charge for the situation involving Todd Schmidt, the district’s former facilities director?
Some of the facts resemble a case from two decades ago in downstate Pekin. In that situation, Pekin’s former mayor faced charges of official misconduct, a Class 3 felony in Illinois.
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After being elected, the mayor used his city-issued credit card for cash advances of $1,400 to play video poker at a Peoria casino, prosecutors said.
The mayor paid back the money. In one instance, though, his check bounced, but he quickly reimbursed the city, according to court records.
Find out what's happening in Elmhurstfor free with the latest updates from Patch.
In the case against the mayor, the state said he exceeded his lawful authority because he broke the public funds clause of the state constitution. The clause states that “public funds, property or credit shall be used only for public purposes.”
In 2008, the state Supreme Court rejected the mayor’s appeal, affirming his conviction.
Earlier this month, Patch obtained Schmidt’s credit card bills through a public records request. This was after he was arrested on felony charges in Rockford, where he is accused of swindling his mother out of tens of thousands of dollars.
None of Schmidt’s credit card expenses indicated he spent public money on gambling. But he did charge the credit card for booze, cigars, airfare for himself and family members, groceries, restaurants, country clubs and a sorority, according to the records.
The school district’s policy bars employees with public credit cards from using them for personal expenses.
Under state law, a government employee commits misconduct when he “performs an act in excess of his lawful authority” with “intent to obtain a personal advantage for himself or another.”
In the Pekin case, prosecutors said the mayor essentially gave himself an interest-free loan.
Shortly after the 2008 court ruling, the Illinois Municipal League’s lawyers advised the group’s members about credit card use.
“(W)hen using public money or credit, officials should be exceedingly diligent to ‘dot their i’s and cross their t’s.’ Even minor infractions can lead to felony prosecutions with possible convictions,” the attorneys said.
Last week, in response to a Patch inquiry, Elmhurst police said the outcome of District 205’s audit will determine the police’s involvement in the case.
District 205 has declined to say who signed off on Schmidt’s personal use of the credit card. His supervisor is Chris Whelton, assistant superintendent of finance. He remains on the job.
Schmidt resigned from District 205 two weeks after he was arrested in Rockford.
Schmidt’s lawyer, Jerry Lund, has not returned messages for comment.
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