Walkup Charges Gottemoller with Conflict of Interest

A press release from McHenry County Board Chairman candidate Mike Walkup:

Walkup Campaign Charges Gottemoller with Conflict of Interest

Joe Gottemoller

Joe Gottemoller

Mike Walkup

Mike Walkup

CRYSTAL LAKE, IL – McHenry County Board Chairman, Joseph Gottemoller, was quoted in his interview with the Northwest Herald in response to charges by his opponent MICHAEL WALKUP for County Board Chairman elected at large, that Mr. Gottemoller’s law practice creates conflicts of interest with his job as County Board Chairman.

According to Gottemoller, “his law firm no longer takes any property tax, zoning or related cases in McHenry County” (Northwest Herald, 2/6/16, page 12).

This does not appear to be correct as most of Mr. Gottemoller’s legal work focuses primarily in representing developers for zoning issues in McHenry County before various village boards and city councils.

Mr. Gottemoller’s representation of zoning to municipalities is a conflict of interest because the County Board Chairman and the County Board regularly award grants that can amount to tens or even hundreds of thousands of dollars to local municipalities.

Mr. Gottemoller did not specify exactly when his firm stopped taking zoning cases in McHenry County.

Mr. Gottemoller needs to clarify and recognize the conflict of interest this presents and provide detail in how he will no longer be engaged in representing clients to any municipalities where he is also involved in providing grant awards from the County Board.


Walkup Charges Gottemoller with Conflict of Interest — 15 Comments

  1. Walkup is walking conflict he was the attorney for Bob Anderson in trying to abolish townships and voted on the issue as a county board member he should resign from the race

  2. We need to get rid of Gottemollwer.

    I was told he’s been trying to hush the Board members who are against corruption.

    Gottemoller has an agenda, and it’s not about working for the people.

    He gives a really good talk.

    However, actions speak louder than words, and it would be best if the man resigned immediately.

  3. Gottemoller is a good man and Walkup should be the one to resign.

  4. Stand4Truth

    He should advocate for policy positions as a county board member.

    That is not a conflict of interest.

    He had nothing to gain other than potentially lower property taxes.

    While I may have disagreed with his position on that issue, it is commendable that he used his personal time to work towards a policy that he believed in.

  5. Mr.Gottemollar does not understand or ignores to understand ‘conflict of interest’ .

    When Gottemollar was the attorney for the power plant company in oakwood hills he also worked for the Mchenry county simultaneously.

    He was on the payroll and received insurence benefits from Mchenry county.

    This was obviously ‘conflict of interest’ but Gottemollar was claiming that it was not.

    When he was finally reported, he had no choice but to resign representing the power plan company.

  6. Problem solved?

    No matter which Republican attorney wins, Jack Franks will resign from the State Legislature and be appointed by the Dems to run in November for County Chairman.

    Based on posts here and elsewhere, Franks will be welcomed with open arms because the two Republicans are poor excuses for County Chairman.

    Can’t Republicans recruit better candidates?

    They appear to be doing quite well holding fund raisers but the quality of candidates presented leaves a lot to be desired.

  7. According to the local newspaper Mr.G was quoted as saying about some people are:“spectacularly inept at working with other people.”

    Pretty arrogant IMO.

  8. Mr. G asser? 🙂

    Maybe it is time for Jack to throw his hat into the chairman process, he’s been playing the game like he wants to for a while on with consolidation and direct election of the chair.

    Maybe it’s time to really wake this county up.

  9. Walkup alleges Gottenmoller is unqualified to be MCBOT Chairman; Gottenmoller alleges Walkup is unqualified to be MCBOT Chairman.

    Let me go on the record by saying that I believe both Gottenmoller and Walkup are “unqualified” to be MCBOT Chairman, not because of “conflicts of interest” but due to their demonstrated incompetence and refusal to fix the wrong at Valley Hi.

    I find it more than troubling that neither of these two licensed lawyers running for MCBOT was aware of the massive accumulation of taxpayer dollars at Valley Hi ($41 Million Dollars).

    Then, when they were informed of this treasure trove of taxpayer dollars never asked the fundamental question as to whether accumulation of taxpayer dollars in the “Tens of Millions of Dollars” at Valley Hi was legal or not?

    Because had MCBOT members Gottenmoller and/or Walkup asked this simple and obvious question each would have discovered the issue of this grotesque largesse in reserves at Valley Hi was no longer one of “legislation” but one of “legality”.

    Rather than do minimal due diligence, MCBOT members Gottenmoller and Walkup continued to support annual levies at Valley Hi without questioning the legality these levies given the Tens of Millions of Dollars already on reserve.

    Each instead acted with impunity or indifference against the very people they were elected to serve all the while taking the salary and full time benefits MCBOT approved for themselves.

    Had MCBOT members and attorneys Gottenmoller or Walk-up done minimal due diligence on this subject of taxation at Valley each would have learned the maximum limitations on accumulation of reserves (taxpayer funds) are between 1x or 2x for any governmental entity including Valley Hi.

    Thus MCBOT was acting illegally in the ongoing levying for Valley Hi totaling more than 35 Million Dollars or 7x the funds necessary to operate Valley Hi on annual basis.

    The Illinois Supreme Court some 60 years ago spoke on this subject in People ex re Harding v. C&N.W Ry Co., 413 Ill. 93 (1952) opined:

    “Where a balance is on hand amounting to a little less than 2 years requirements, as established by recent prior experience, a levy is unnecessary. Levies which result in an unnecessary accumulation of funds are invalid

    (People ex rel. Toman v. Grendada Apartment Hotel Corp., 36 Ill. 41).

    Also see, Illinois Appellate Court Decision, People ex rel. Kelly v B&O.R. Co., 376 Ill 393 held:

    “In levying to meet the requirements of expenditures the amount of money on hand and in the process of collection should be considered. The unnecessary accumulation of money in the public treasury is unjust to the people and it is against public policy of law to raise taxes faster than they are likely to be needed. The policy of the law is that no taxing district shall be permitted to accumulate unnecessary surplus from taxes collected but should confine their levies to the amount actually needed to be determined annually.”

    It is well settled under Illinois law that levies which result in unnecessary accumulation of funds are invalid. People ex rel. Reeves v. Bell, 309 Ill. 387. They are illegal and void. (See People ex rel Brenza v Fleetwood, 413 Ill. 530 at p. 551; People ex rel. Toman v Signode Steel Strapping Co., 380 Ill. 633). In the recent case of People ex rel Toynton v. Commonwealth Edison Company, 285 Ill.App.3d 357 (1996) the Illinois Appellate Court held:

    “Based on our review of applicable case law, we do not agree with the argument that a taxpayer cannot meet its burden of showing an excess accumulation unless the accumulation is at least 2.84 times the average annual expenditure . . . We conclude that a tax objector can meet is burden to show excessive accumulation by presenting evidence that the accumulation in the fund exceeds two or three times the annual expenditures for the fund.”

    The primary duty of MCBOT is to prepare a budget and levy based upon that budget or otherwise stated obtain funds from taxpayers necessary to operate government on an annual basis; nothing more, nothing less.

    In this regard, MCBOT Gottenmoller and Walk-up (along with the rest of MCBOT) have failed the taxpayers of McHenry County and that is why each is unqualified to be Chairman. Both Gottenmoller and Walkup will get my vote; that is to say A VOTE OF NO CONFIDENCE as I intend to the leave this portion of my ballot empty.

  10. Given Walkup’s personal dedication to the Democrat Party, and his refusal to back Republicans except when he personally profits, it is Walkup that should be withdrawing from the race on ethical grounds.

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