Attorney David McArdle made his pitch, an affirmative rebuttal to Steward Diamond's memo, at the beginning of the meeting in which the votes were not in quesiton.
The senior partner turned out for his firm’s firing by four out of six Trustees in Island Lake Monday night.
The distinguished looking, white haired Stewart Diamond was in his unmarked seat next to the Village President’s seat early for the special board meeting called to switch law firms representing the village.
The word was that the minority of three opponents to Village President Debbie Herrmann had turned into a majority of four.
First came a public comment section presentation by Crystal Lake municipal attorney David McArdle.
Steward Diamond
He spoke in rebuttal to a memo that Ancel Glink had prepared for the Trustees.
It basically said the Village President was the one who appointed the Village Attorney,
Ancel Glink Senior Partner Diamond explained at length that the Village President appointed the Village Attorney and that had been done by Herrmann’s predecessor.
“That is not allowed under Illinois law…If it should pass, I would recommend that the Mayor should veto it…It’s simply not allowed by law…We are in place…What you have before you tonight is just a waste of taxpayers’ money…(You are) encroaching upon the statutory authority (of the Village President)…If you act on this, it will simply result in more legal fees. It is ill conceived, ill drafted and improper.”
He added that the trustees dissatisfied with Ancel Glink’s services could obtain separate legal counsel.
Donald Saville and Connie Mascillino faced off during the firing debate.
There was some sparring between Trustee Connie Masciillio, who said she had reviewed seven months of legal bills and found $19,000 our of $36,000 would have occurred regardless of what law firm represented Island Lake, and Donald Saville.
Lauie Rabattini made the motions to transfer legal work from Ancel Glink to Zukowski Rogers Flood and McArdle.
Trustee Laura Rabattini, the blogger (“What’s Happening in Island Lake” blog) who won election to the board two years ago, made several carefully drafted motions to dump Ancel Glink and retain Zukowski, Rogers, Flood and McArdle at the rate of $165 per hour.
Voting for the measures were
- Laura Rabattini
- John Ponio, who lost to Village President Herrmann two years ago
- Donna O’Malley
- Donald Saville
On the left hand side of the seating arrangement was new lawyer proponent Donald Saville and opponents Connie Mascillio & Donald Verciglio. Attorney Steward Diamond and Village President Debbie Herrman can be seen at the end of the row.
In opposition were Masciillio and Verciglio and, of course, Herrmann, but she did not cast a vote since hers would have not changed the outcome.
Last time I checked Mr. Diamond, Presidential appointments are with the advice and consent of council/board. That consent can be revoked by the board, if majority rules. Ms Herrman can not vote, due to the fact that Village President is a stand alone electorate position. She is not elected as a Trustee and then they have their own election for President, much like the County Board. Mr. Kohler is elected as a Board Member first, and then is elected from the 24 members as Chairman, thus he does get a vote.
McArdle is well known for telling his municipal and fire district clients to give out nothing when they receive a FOIA without the advice and consent of his firm. He will get the legal fees for Island Lake back up there quickly to facilitate concealing anything that might be remotely viewed as negative about his public financed clients. He no doubt sees this as a very ripe plumb to pick for his youthful lawyers
So – in Grafton Township, the Ancel, Glink firm was terminated by the Supervisor but the Trustees decided to use the firm anyway and the firm didn’t seem to have a problem with that. However, in Island Lake, the Ancel, Glink firm seems to be on the other side of who decides whether or not they stay in place.
Judge Caldwell seems to have found for the Supervisor re the termination of Ancel, Glink. If Ancel, Glink relies on what is stated above and they knew this (ex.) a year ago, then why did they stay on in Grafton?