CHICAGO — While his days in office are numbered after losing in the Democratic primary election in March, Cook County Assessor Joseph Berrios is suing the Cook County Board of Ethics and board members Peggy Daley, David Grossman, Thomas Szromba, Juliet Sorensen and Von Matthews for allegedly fining him for certain contributions that were made to his unsuccessful re-election campaign.
Berrios filed a complaint on April 11 in Cook County Circuit Court, alleging the defendants violated the First Amendment of the U.S. Constitution and the statutory rights of Cook County residents to support the candidate of their choosing.
According to the complaint, Berrios alleges he was fined for accepting campaign contributions that exceeded the $750 limit under the Cook County Ethics Ordinance, even though the Illinois State Board of Elections allegedly granted him an exemption to all campaign contribution limits. He claims the ethics board improperly interpreted Section 2 of the Cook County Ethics Ordinance and rescinded the board of election's exemption after finding 41 contributions that violated the $750 limit. Berrios further claims he declined to return the alleged excess contributions because he allegedly was operating under "a good faith basis" and that the ordinance did not apply.
Cook County Assessor Joseph Berrios
The plaintiff holds the defendants responsible for allegedly violating his due process rights because they failed to provide him with fair notice of what was prohibited in order to avoid discriminatory enforcement.
The plaintiff requests a trial by jury and seeks an order reversing the board of ethics's final order, plus the costs of the suit and any further relief that the court finds appropriate and necessary. He is represented by Kevin M. Forde and Ellen M. Carey of Forde Law Offices LLP in Chicago and James P. Nally PC in Chicago.
Berrios was defeated in the March primary vote by Democratic nominee Fritz Kaegi.
Cook County Circuit Court case number 18-L-4717