Records show how Thomas Hartwell allegedly misappropriated $119,875 from Kane County

ST. CHARLES – The day after he lost his Nov. 8, 2020, reelection bid to Theresa Barreiro, then-Kane County Circuit Clerk Thomas Hartwell received an invoice for $29,875 from Gutierrez Productions Inc. for “Public Relations on behalf of Kane County,” records show.

The invoice was one of seven totaling almost $120,000 that Gutierrez Productions and Dar Illumination, LLC – both belonging to St. Charles businessman Robert Gutierrez – billed the county, according to documents obtained in response to a Freedom of Information Act. It also was the largest amount Gutierrez’s company billed to Hartwell.

Kane County prosecutors have accused Hartwell of misappropriating $119,575 to Gutierrez’s companies in 2019 and 2020. Both men have been charged with multiple felonies stemming from the alleged scheme.

Hartwell was charged last month with 19 felonies alleging he misused public funds between December 2019 and November 2020 in the alleged plot. Gutierrez has been charged with seven counts of felony theft by deception and two counts of paying Hartwell kickbacks.

Both men are scheduled to appear in court May 26. Gutierrez’s attorney did not respond to a message seeking comment. Hartwell does not have an attorney listed in court records and did not respond to requests for comment.

Four invoices for both Gutierrez Productions and Dar Illumination in 2019 totaled $59,800. Hartwell’s signature appears on all four marking them as paid, according to a review of the records.

All four invoices said they were for public relations and marketing information about the circuit clerk’s services, including “Target Marketing” to the public on radio and TV, social media and in outreach to the Hispanic community.

By May 2020, the promotions from Gutierrez Productions on behalf of Hartwell all were tied to COVID-19 promotions. Three invoices cost $59,775, all with Hartwell’s signature indicating they were paid – including the largest one right after he lost to Barreiro.

A May 1, 2020, invoice for $15,000 said the company worked with Hartwell and Kane County “to review COVID-19 outreach” and “both parties determined the county’s needs” and that “We will inform the public as to the county’s progress.”

A Nov. 1, 2020, invoice for $14,900 said it was for “Public Relations on behalf of Kane County” for its “fourth quarter outreach.”

The invoice claimed it was Hartwell’s “suggestion to reach out to the Kane County Hispanic community” and that, “The objective is to inform the community in real time, social distancing and other protective measures.”

The largest invoice, dated Nov. 9, 2020, for $29,875, also said it was for “Public Relations on behalf of Kane County.”

Its given purpose at the time claimed “a series of recommendations to minimize the COVID-19 contact” including recommendations to “all Kane County municipalities … to be proactive in the management of COVID-19.”

It also promised that, “Upon gathering information, a summary to follow.”

Hartwell signed the invoice as paid on Nov. 13, 2020.

Kane County Board member Jarett Sanchez, D-Carpentersville, who is chairman of the Health Committee, said he did not recall either Gutierrez Productions or Dar Illumination being part of any of the county’s 2020 public outreach efforts regarding COVID-19.

The outreach, Sanchez said, was handled by the Health Department, not the Circuit Clerk’s Office.

“There was a lot of disorganization, but as far as the Circuit Clerk’s Office spending this money to promote any kind of COVID efforts, he [Hartwell] did not work with the Health Department,” Sanchez said. “He did not work with the Health Department before I became chairman of the Health Committee, but I was still around. … It was the Health Department’s job to inform the public [about COVID], not the circuit clerk.”

Kane County Health Department Executive Director Michael Isaacson was assistant director of community health during 2020.

Isaacson said in an email that he did not recall getting assistance from Hartwell’s office for COVID-19 outreach.

“I do not have any recollection of a coordinated effort with the circuit clerk’s office to get info out at that time,” Isaacson’s email said.

Barreiro declined to comment citing the criminal investigation.