A Normal resident emailed the Cities’ newsroom about concerns about a candidate for Normal Town council; in response we decided to work the story but when reaching out for comment this writer was halted by a law firm in an email that requested this publication not pursue publishing a story they fear would be “defamatory.”
“My firm represents Recall Strategies, LLC (“Recall”), and I am writing regarding an article we have been informed you may publish in the coming days. Specifically, my client is concerned that you will publish a statement that Recall was or is lobbying in violation of the Lobbyist Registration Act (the “Act”). Such a statement is false. As such, we ask that you not publish or report any similar defamatory statement,” states the letter addressed to this writer.
In an email on March 6 2023, this writer asked Andrew Byars, Normal Town council candidate and current Normal Planning commissioner, to answer a few questions.
“Hi Andy, Cat [name of this writer] here… I found this and I just had a few questions. Are you still lobbying? The Lobbyist Registration Act says that lobbying prior to completing these trainings is a violation of the Lobbyist Registration Act. So how I read it, you aren’t allowed to be lobbying in IL like you have been? What’s going on? Also had a few more Qs. Call me if you can? Attached are snippings I have been looking at,” states the email sent to Byars at about 9 a.m.
By 1 p.m. on March 6 2023, Byars called this writer and said that attorneys will be in contact with the station and with this writer.
“Myself and my company are in full compliance with state law across the board and worked with the Secretary of State’s office today to ensure that the record you brought up were reflected accurately and that we are in compliance. If you go on that website, you’ll see that reflected. And because of the nature of the questions, kind of the accusations, you are bringing forth there’s going to be attorneys reaching out to the station,” said Byars in a phone call.
“An attorney?” says this writer.
“And against yourself…” said Byars.
“If you do publish a statement indicating that Recall was lobbying in violation of the Act, Recall can and will defend its rights to the fullest extent allowed under law. Furthermore, the potential statements at issue would clearly constitute defamation per se, which could entitle my client to additional remedies and recovery,” states the letter sent from Recall’s firm. “I ask that, by March 8 at 5 p.m., you inform me whether you intend to publish or broadcast any statement similar to the above. If we do not hear from you by that time, we will reach out to Pilot Media and/or Great Plains Media to make a similar request. If you do intend to publish the statement, please treat this letter as a formal request to preserve any document, correspondence, or recording that could be used in litigation regarding this matter; please also preserve any document, correspondence, or recording regarding Recall, Jonathan Callaway, or Andrew Byars. Failure to do so may result in adverse court actions against you, Pilot Media, or Great Plains Media.”
This writer called the Secretary of state’s and spoke with Beth Kaufman about this matter. On March 2 and this writer inquired about the appearance of non-compliance published on the Secretary of state website. Kaufman told this writer to send all documentation and references to the Illinois Lobbyist Registration Act to her email. This writer did, but has not heard back as of March 8, 2023.
The Secretary of State’s website now reflects Byars’ compliance with ethics training as of March 6 2023. Byars’ two other coworkers, Anthony Neve and Morgan Silas Scott, listed by the Secretary of State’s office as lobbyists, completed their training in January of 2023.
Andrew Byars has neither confirmed nor denied with Cities that he was lobbying on behalf of Recall Strategies between the “File Date[ 01/05/23]” and March 6 2023. The Secretary of State’s office website shows he is now in compliance with his ethics training. This story is developing, we have asked recall Strategies the following in an email addressed to Fielden Fleming, the attorney of Recall Strategies.
- 1. Was Byars employed as a lobbyist by Recall Strategies between 1/1/23-3/7/23?
- 2. Did Byars participate in any activities that are considered lobbying by the Illinois Lobbyist Registration Act during this period?
- 3. Will Recall Strategies and/or their clients benefit from Byars being elected trustee in Normal, IL?
