The Madison County Board voted on Wednesday to approve a resolution censuring Chairman Kurt Prenzler following an ethics report finding he improperly distributed campaign materials to a county vendor from Ohio.
Prenzler called the incident a mistake and apologized for his actions.
“I should have used another piece of paper. I made a mistake, and I have apologized for that,” he said.
“I certainly had no intent to campaign,” he added.
He addressed the decision to censure him ahead of the vote, suggesting it was politically motivated.
“This is a lynching with no due process,” he said.
Prenzler explained that he had no plans to meet with the out-of-state vendor that day but greeted him when he saw him in the conference room alone. He said they talked briefly and he handed him an orange card with his information on it. The card was not an official business card issued by the county. Prenzler previously called the incident a “minor error.”
“For the executive committee to bring this up again just underscores the intent of some to indeed make a mountain out of this molehill,” he said.
Madison County Ethics Advisor and Collinsville attorney Bruce Mattea, who was appointed to his position in 2021 by Prenzler, conducted the ethics investigation which led to Prenzler’s censure.
Chairman Pro Tem Mick Madison introduced the resolution censuring Prenzler from "multiple instances of prohibited political activity in violation of Madison County ethics ordinance."
Ethics Report: Findings and Recommendation
According to Mattea’s report, Madison reported a possible ethics violation involving Prenzler on Dec. 5, 2023. Madison reported that Madison County Director of Safety and Risk Management Annette Schoeberle was called on Oct. 26, 2023, by with Mark Weimerskirch, who served as representative of Pinkerton Consulting & Investigations Inc. to perform a security analysis of the County Administration Building. During the call, Weimerskirch informed Schoeberle that he had met Prenzler and received an “odd” “business card” from him.
The card was orange with black writing and included Prenzler’s name, his campaign website www.kurtprenzler.com, Facebook and Twitter handles used for campaigning, accomplishments during his tenure as chairman, and a disclaimer: "Paid for by Citizens of Kurt Prenzler."
Mattea then spoke with Weimerskirch on Jan. 4. He reported that while he was working at the County Administration Building, Prenzler entered the room and asked him what he was doing. They discussed the project and other subjects for about 20 minutes, including the chairman's accomplishments.
“Significantly, Mr. Weimerskirch was adamant that there was no verbal discussion of any election or campaigning by Chairman Prenzler with him,” Mattea wrote.
Prenzler then handed Weimerskirch an orange card with his cell phone number. Weimerskirch told Mattea that his protocol is to notify his point-of-contact when receiving such items, which was Shoeberle in this case.
“From investigation and inquiry, it is inconsistent and disconcerting that this ‘campaign-type’ business card would be passed off to a Madison County vendor in the Madison County Building with the implication that subsequent direct contact should be made with the Chairman telephonically via his personal/campaign cell phone rather than through official County channels,” Mattea wrote.
“The type and style of business card that Chairman Prenzler is known to present and use as an introduction is cause for concern," he added. "A dignified and proper politically-neutral business card choice must and should be an alignment with the decorum as expected of the Office of Madison County Board Chairman."
Mattea called the use of a personal card rather than an official business card in this situation “inappropriate, unusual, unethical, and problematic.”
Mattea concluded that the customized card solicits or advertises solicitation of political campaign contributions and “appears to have been presented in conjunction with support” of Prenzler’s campaign.
“This innuendo is highly improper, it diminishes public confidence, and such actions could lead to distrust of the County’s elected officials. It reinforces the concept of political quid-pro quo,” he wrote.
He added that Prenzler’s personal phone number written on the card exacerbated the scenario.
“Certainly, at the very least, the implication of impropriety and the creation of a fact pattern facilitating such impropriety is made possible,” Mattea wrote. “Given that the vast majority of the Chairman’s day-to-day operations were reassigned to the Chairman Pro Tem by the Board, there is simply no legitimate reason that the vendor would need to contact the Chairman regarding the project he was working on.”
Mattea also spoke with Assistant State’s Attorney Paul Evans on Jan. 8, who reported an incident where Prenzler allegedly gave him an identical orange card on Oct. 27, 2023, because he had run out of official county-issued business cards.
At the time, Evans had just recently closed his private practice and had only been a county employee for a couple of months. He reported to Mattea that he was outside of Prenzler’s office to address an unrelated matter when Prenzler began discussing the future politics in Madison County and his campaign.
“While the undersigned recognizes the doubtful direct relevance of this interaction as it relates to this inquiry, it tends to indicate an ongoing course of conduct and that these custom business cards appear to have been distributed to multiple parties within the Madison County Administrative Building during business hours,” Mattea wrote.
Mattea concluded that an ethics violation occurred and recommended “with deep regret” that the board sanction Prenzler.
“In determining whether to impose sanctions in this instance, it is not sufficient that Chairman Prenzler honestly believed his actions were well grounded in fact or under the applicable Ordinance,” Mattea wrote. “He was obligated to make reasonable inquiry of the applicable Ordinance and conform his actions to the standards required by it.”
Mattea filed an addendum to his findings and recommendations after speaking with Prenzler on Jan. 11. Prenzler explained to Mattea that he was aware that Weimerskirch was an Ohio resident and was, therefore, not campaigning. Prenzler said he brought out the orange card to point out that it listed the Bathon situation. He said he then gave Weimerskirch his phone number and told him to call if he had any questions related to the project.
However, Prenzler’s explanation did not alter Mattea’s findings and recommendations.
“The response received from Chairman Prenzler, even if taken at face value, does not negate the fact that a violation of the Ethics Ordinance occurred during the interaction with Mr. Weimerskirch. As stated in the Initial Report, it is not sufficient that Chairman Prenzler honestly believed his actions were well grounded in fact or under the applicable Ordinance,” Mattea concluded.