Algonquin Township Road Commissioner Andrew Gasser’s Amended Complaint Against Local 150

Here is the motion filed by Attorney Robert Hanlon on behalf of Algonquin Township Road Commissioner Andrew Gasser:

AMENDED COUNTER-CLAIM FOR PRELIMINARY INJUNCTION, PERMANENT INJUNCTION ENJOINING LOCAL 150 FROM UNDERTAKING ANY STEPS TO ENFORCE THE PURPORTED COLLECTIVE BARGAINING AGREEMENT AND DECLARATORY RELIEF DECLARING PURPORTED UNION COLLECTIVE BARGAINING AGREEMENT VOID

NOW COME Defendant/Counter-Plaintiffs, ANDREW GASSER THE ALGONQUIN TOWNSHIP HIGHWAY COMMISSIONER AND ALGONQUIN TOWNSHIP ROAD DISTRICT, by and through their counsel, LAW OFFICES OF ROBERT T. HANLON & ASSOCIATES, P.C., with their Amended Verified Counter-Complaint seeking preliminary and permanent injunctive and declaratory relief against Plaintiff/Counter-Defendant, INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 150 (hereinafter “Local 150”), and in support of said claims state as follows:

PARTIES VENUE AND JURISDICTION

1. Counter-Plaintiff Andrew Gasser (hereinafter “Andrew Gasser”) is a resident of McHenry County, Illinois, and is the duly elected Algonquin Township Highway Commissioner. He brings this action in his official capacity as Highway Commissioner of Algonquin Township, County of McHenry.

2. Algonquin Township Road District is named by Local 150 as the employer in the purported Collective Bargaining Agreement. Said purported Collective Bargaining Agreement is attached hereto and incorporated herein as Exhibit A.

3. Local 150 is a labor organization having its principal business office in Countryside, Illinois.

4. This Court has jurisdiction over the disputes and controversies alleged herein under the Illinois Declaratory Judgment Act, 735 ILCS 5/2-701, temporary injunctions under 735 ILCS 5/11-101 et seq., 710 ILCS 5/2, the Illinois Uniform Arbitration Act, and the common law of the State of Illinois.

FACTUAL ALLEGATIONS IN SUPPORT OF ALL COUNTS IN THIS
COUNTER-CLAIM

5. On May 15, 2017 Andrew Gasser commenced his term of office as the Algonquin Township Highway Commissioner. Prior to his election, Robert Miller held the position for approximately 24 years. Prior to Robert Miller serving as Highway Commissioner, his father served as Highway commissioner. Prior to Robert Miller’s father serving as highway commissioner, Robert Miller’s grandfather was the highway commissioner.

6. The former Highway Commissioner, Robert Miller, upon termination of his term of office represented to Andrew Gasser that he turned over all of the records of the Algonquin Township Highway Commissioner’s office to Andrew Gasser.

7. On May 15, 2017 Andrew Gasser began reviewing the physical and electronic records of the Algonquin Township Road District.

8. The Algonquin Township Highway Commissioner’s office has absolutely no records related to any demand for bargaining from Local 150.

9. No records exist with respect to bargaining with local 150. However, upon information and belief,  Robert Miller allowed Derek Lee (a licensed attorney) and his daughter Rebecca Lee (another licensed attorney) to draft and direct the final form of the labor agreement.

10. Algonquin Township has no records of any demand for bargaining related to any labor agreement with Local 150.

11. A review of all Township Board of Trustee agendas for the period of January 1, 2017 to the present do not reveal the appointment of any person to negotiate a Collective Bargaining Agreement on behalf of Algonquin Township or any of its entities.

12. The Algonquin Township Board of Trustees has not approved any person to be its representative as it relates to any contract with Local 150.

13. The enumerated powers of a Highway Commissioner do not include collective bargaining.

14. 60 ILCS 1/73-5 states that “[t]he Highway Commissioner of each road district comprised of a single township shall have powers and duties as provided in Article 6 of the Illinois Highway Code.” The Illinois Highway Code, 605 ILCS 5/6-201, states “[t]he Highway Commissioner of each road district shall perform the functions stated in the following Sections preceding Section 6-202.” These functions do not include entering into collective bargaining agreements. See 605 ILCS 5/6-201.1-.22. Collective Bargaining is not necessary to the enumerated powers of the Highway Commissioner.

15. The Algonquin Township Board of Trustees has never taken a vote regarding any labor agreement with Local 150.

16. No notice was ever provided to the public that Algonquin Township had entered into discussions with Local 150 for a labor agreement.

17. The Algonquin Township Board of Trustees has entered no rulings or engaged in any proceedings considering any purported agreement for either the Algonquin Township Road District or Algonquin Township.

18. There have been no public hearings, no public meetings, no private meeting, and no decisions of the Algonquin Township Board of Trustees to consider any purported labor agreement with Local 150.

19. At no time has the Algonquin Township Board of Trustees authorized anyone to negotiate a labor agreement with Local 150.

20. At no time has any authority been bestowed upon anyone to negotiate and/or sign a Collective Bargaining Agreement binding the Algonquin Township or the Algonquin Township Road District, including any agreement for a term beyond any Township office holder’s term of office.

21. The Algonquin Township Board of Trustees never authorized the signing of the purported Collective Bargaining Agreement.

22. The Algonquin Township Board of Trustees and the former Highway Commissioner, Robert J. Miller, lack the power to strip the authority of the office of the Highway Commissioner by way of a purported Collective Bargaining Agreement with Local 150.

23. Prior to taking office Andrew Gasser made inquiry of Robert Miller as to the existence of any labor agreements, to which Robert Miller represented to Andrew Gasser that there were no labor agreements with Local 150.

24. Robert Miller provided no labor agreements to Andrew Gasser prior to Mr. Gasser taking office.

25. On May 15, 2017, Andrew Gasser terminated three (3) employees of the Algonquin Township Road District. Two of the employees were relatives of Robert Miller, Derek Lee and Andrew Rosencrans. The third (a known political opponent of Andrew Gasser) was hired contemporaneous with the purported execution of the purported Collective Bargaining agreement.

26. On or about May 15, 2017 Local 150 began asserting a right to invoke a grievance procedure pursuant to a purported Collective Bargaining Agreement.

27. Local 150 has demanded arbitration pursuant to the terms of a purported Collective Bargaining Agreement with the Algonquin Township Road District.

28. Prior to taking office and then again after taking office, Andrew Gasser articulated to Local 150 and others that he would repudiate any purported labor agreement extending into his term of office.

29. Before and after taking office Andrew Gasser repudiated any purported agreement with Loca1 150. Specifically, prior to taking office and prior to the purported execution of the labor agreement Andrew Gasser sent to Local 150 a letter in which he objected to Local 150 entering into a contract impacting his term of office without bargaining with Andrew Gasser.

30. Local 150 has alleged that Algonquin Township Road District has committed an unfair labor practice by repudiating a purported labor agreement.

31. The purported labor agreement violates the Illinois Open Meetings Act. No notice to the public of any meeting concerning any purported labor agreement ever took place. No meeting of the members of the Algonquin Township Board occurred to discuss any purportedCollective Bargaining Agreement.

32. Counter-Plaintiffs will incur irreparable harm in their duties as public officials unless this Court enjoins Local 150 from enforcing any Collective Bargaining Agreement.

33. Counter-Plaintiffs have an inadequate remedy at law and are likely to succeed on the merits of their Complaint against Defendant.

34. The public interest requires that elected officials be empowered to engage all the functions of their offices and not be bound by unauthorized practices or agreements for which they have no knowledge and for which their predecessor lacked the power to execute.

35. Andrew Gasser campaigned for office on a platform of anti-nepotism and to cleanup government waste at Algonquin Township Road District. In particular, there were significant campaigning concerning the conduct of Robert Miller in hiring many of his family membersincluding Anna May Miller (Robert Miller’s Wife), Derek Lee (Robert Miller’s Son-in-law) and Andrew Rosencrans (Robert Miller’s Son-in-law).

36. During the Campaign, Andrew Gasser posted video material showing misuse ofgovernment property at the hands of the Miller family relatives. One such video documented the firing of firearms on Township Property into a passenger vehicle in which hundreds of rounds were discharged in the presence of Derek Lee and Township Road District equipment was used to then crush the vehicle. Commentary could be heard on the video regarding disposing of the bullet riddled passenger vehicle in its mutilated condition onto US Highway 14 in front of the Algonquin Township Offices.

37. The focus of Mr. Gasser’s Campaign was to bring accountability and transparency to the Road District and an end to the nepotism that permeated the Road District.

38. Prior to taking office Andrew Gasser submitted a FOIA request to Robert Miller seeking copies of any and all contracts Robert Miller executed with Local 150. Mr. Miller responded that he had not signed any such agreement.

39. On May 15, 2017, Andrew Gasser took office as the Algonquin Township Highway Commissioner under the laws of the State of Illinois.

40. One of the first actions Andrew Gasser undertook was the termination of Derek Lee, Andrew Rosencrans and Nick Chirikos.

COUNT I
DECLARATORY RELIEF INVALIDATING PURPORTED CBA
(Contract in Excess of $20,000)

41. Paragraphs 1-40 are incorporated herein as if set out fully herein.

42. The Illinois Township code requires that any contract to be entered into with the Road District having an expense in excess of $20,000 must be approved by the Township Board. See Illinois 60 ILCS 1/85-30 requirements for contracts exceeding $20,000.

43. The purported Collective Bargaining Agreement has expenditures in excess of $20,000. To wit, the following expenditures are set forth in the purported Collective Bargaining Agreement:

A) Wages for Randy Voss are $33.00/hr (FN1)
*40hrs/week * 52 weeks/year * 5 years =$343,200;

B) Wages for Dan Neuman are $33.00/hr (FN2)
*40hrs/week * 52 weeks/yr * 5 yrs =$343,200;

C) Wages for Derek Lee (Son-in-law of Robert Miller) are $35.00/hr (FN3)
*40hrs/week * 52 weeks/yr *5yrs =$364,000;

D) Wages for Brian Doubek are $30.00/hr (FN4)
*40hrs/week * 52 weeks/yr * 5 yrs =$312,000;

E) Wages for Andrew Rosencrans (Son-in-law of Robert Miller) are $29/hr (FN5)
*40hrs/week * 52 weeks/yr * 5 yrs =$301,600;

F) Wages for Dylan Stern are $27/hr (FN6)
*40hrs/week * 52 weeks/yr * 5 yrs =$280,800;

G) Wages for Ryan Greene are $26/hr (FN7)
*40hrs/week * 52 weeks/yr * 5 yrs =$270,400;

H) Wages for Kevin Fitzgerald are $23/hr (FN8)
*40hrs/week * 52 weeks/yr * 5 yrs =$239,200;

I) Wages for Dan Morrison are $22/hr (FN9)
*40hrs/week * 52 weeks/yr * 5 yrs =$228,800; and

J) Wages for Chirikos are $22/hr10 *40hrs/week (FN10)
52 weeks/yr * 5 yrs =$228,800.

44. The sum total of all base wages under the purported Collective Bargaining Agreement totals $2,912,000.00, not including annual escalations to wage rates.

45. The Cellular Phone Stipend contained within the purported Collective Bargaining Agreement is $50.00 per month per employee. At $50.00 per month * 12 months * five years * 10 employees totals $30,000 under the terms of the purported Collective Bargaining Agreement.

= = = = =
FN1 – See wage addendum.
FN 2 – See wage addendum to purported Collective Bargaining Agreement.
FN 3 – See wage addendum to purported Collective Bargaining Agreement.
FN 4 – See wage addendum to purported Collective Bargaining Agreement.
FN 5 – See wage addendum to purported Collective Bargaining Agreement.
FN 6 – See wage addendum to purported Collective Bargaining Agreement.
FN 7 – See wage addendum to purported Collective Bargaining Agreement.
FN 8 – See wage addendum to purported Collective Bargaining Agreement.
FN 9-  See wage addendum to purported Collective Bargaining Agreement.
FN 10 -See wage addendum to purported Collective Bargaining Agreement.
= = = = =

46. Under the purported Collective Bargaining Agreement, the Algonquin Township Road District is to provide life insurance which upon information and belief has an expense of $2,080 per person per year. In total, upon information and belief the total expense for the Life insurance component of the purported collective bargaining agreement is $104,000.

47. Under the purported Collective Bargaining Agreement, the Algonquin Township Road District is to provide medical insurance which upon information and belief has an expense for all members of the bargaining unit of $178,420.74 per year. In total, upon information and belief the total expense for the Medical insurance component of the purported collective bargaining agreement is 892,103.70. See also CBA at page 28.

48. Under the purported Collective Bargaining Agreement, the Algonquin Township Road District is to provide vision insurance which upon information and belief has an expense of $2,080 per person per year. In total, upon information and belief the total expense for the Life insurance component of the purported collective bargaining agreement is $104,000.

49. Under the purported Collective Bargaining Agreement, in total, upon information and belief the total expense for purported Collective Bargaining Agreement exceeds 4,042,103.70.00

Wherefore, Defendants-counter-plaintiffs pray that this honorable court:

A) declare the purported collective bargaining agreement null and void; and

B) enjoin Local 150 from enforcing the purported Collective Bargaining Agreement;

C) For such other and further and other relief this court deems just and equitable.

Count II – DECLARATORY RELIEF INVALIDATING PURPORTED CBA
(Agreement Unlawfully Strips Highway Commissioner of Statutory Powers)

50. Paragraphs 1-40 are incorporated herein as if set out fully herein in this Count II. The powers of the office of Highway Commissioner are statutory.

51. Specifically amongst the powers and duties of the Highway Commissioner authorized by Statute are the following powers and duties:

a. Determines and Prepares the Budget and Appropriation Ordinance

b. Determines Tax Levy

c. Obtains Necessary Approval of the Use of Money.

d. Determines the Lease or Purchase of Equipment and sale of idle equipment with elector approval.

e. Maintains an Inventory of All Tools and Equipment

f. Maintains and constructs roads and bridges.

g. Plows snow.

h. Maintains streets in approved subdivisions.

i. Cares for and maintains township tools and equipment.

j. Hires employees.

k. Determines wages and fringe benefits for employees.

l. Reports workers’ compensation, when necessary.

52. The powers of the Highway Commissioner are set by statute and no person has the power to change the powers of office other than the Legislature. No public official has the power to transfer the powers and obligations of his office to a third party not elected by the people. Nor can any elected official transfer rights of his office beyond his or her term of office.

53. The purported Collective Bargaining Agreement restricts the power of the Highway Commissioner in the following ways:

A) Cannot hire and fire employees

B) Electors Cannot sell or dispose of equipment if Local 150 believes it will impact the number of people on payroll. This restriction is a restriction on the electors (people that live in the Township have a vote at the annual meeting).

C) The purported CBA sets forth policy considerations beyond the term of Robert Miller.

D) Requires payment of benefits that have no public purpose in violation of the constitution of the State of Illinois.

E) Places limitation on the amount of a levy because if it maintains the level of employment and wages and thereby restricts the ability to lower the levy of the Road District.

F) Sets forth a seniority system thereby forcing the Highway Commissioner to make decisions to protect Robert Miller’s family that happen to be at the longer end of the purported seniority structure.

G) limits the power of the Highway commissioner to respond to the needs of the community and address the demands of the voters.

54. The process and procedures for entering into agreements binding on Algonquin Township and the Algonquin Township Road District include public notice, meetings, the levy of taxes to pay for services or equipment to be obtained, and the affirmative vote of the Algonquin Township Board of Trustees.

55. The execution of the purported collective bargaining agreement served no public purpose, but was rather executed to protect and continue a system of conferring economic benefits to members of the Miller family.

Wherefore, Defendants- counter-plaintiffs pray that this honorable court:

A) declare the purported collective bargaining agreement null and void; and

B) enjoin Local 150 from enforcing the purported Collective Bargaining Agreement;

C) For such other and further and other relief this court deems just and equitable.

Count III – DECLARATORY RELIEF INVALIDATING PURPORTED CBA
(Violation of the Illinois Open Meetings Act)

56. Paragraphs 1-40 are incorporated herein as if set out fully herein in this Count III. No meeting of the Algonquin Township Board of Trustees considered notice by the Township Highway Department that it had an obligation to bargain with a labor organization.

57. The Algonquin Township Board of Trustees has not appointed any persons as agents to enter into any negotiations to bargain with a labor organization.

58. The Algonquin Township Board of Trustees received no reports of anynegotiations by any employee of Algonquin Township regarding negotiations with any labor organization.

59. The Algonquin Township Board of Trustees has not received notice of a labor agreement entered with a labor organization.

60. The Algonquin Township Board of Trustees has not had placed on its agenda any consideration of any agreement with a labor organization.

61. The Algonquin Township Board of Trustees has not voted on any matter dealing with a labor agreement with a labor organization.

62. No grounds exist to establish Counter-Plaintiffs entered into a labor agreement with Local 150.

63. Robert Miller was obligated to file within four (4) months from taking office, any amendments to work rules of his employees. Robert Miller served as the Highway Commissioner for a period of not less than twenty-three (23) years. In his prior capacity as Algonquin Township Highway Commissioner, Robert Miller did not provide to the Township Clerk on or before their effective date of the purported Collective Bargaining Agreement any notice to the Township Clerk of any amendments to any work rules. Thus the agreement conflicts with the established protocall for establishing work rules.

64 The powers of the Highway Commissioner are set by statute and no person has the power to change the powers of office other than the Legislature. No public official has the power to transfer the powers and obligations of his office to a third party not elected by the people.

65. Plaintiffs have no adequate remedy at law.

66. The power of Robert Miller to enter into contracts in the exercise of his office in the absence of statutory provision is void. Moreover, Robert Miller could not make a contract extending beyond his own term. The purported Collective Bargaining Agreement extending beyond Robert Miller’s term of office is invalid because the purported Collective Bargaining Agreement limits and diminishes the efficiency of Andrew Gasser’s role in the elected Office of Highway Commissioner and usurps the power which was clearly intended by statute to be given to Andrew Gasser, by way of his election.

67. The purported Collective Bargaining Agreement made by Robert Miller is against public policy and unenforceable because it interferes with the unbiased discharge of his successor’s duty to the public in the exercise of the office of Highway Commissioner. It is further unenforceable because it places Andrew Gasser in a position inconsistent with his duty as a trustee for the public. Moreover, the purported Collective Bargaining Agreement has a tendency to induce the Highway Commissioner to violate his statutory duties.

68. Any agreement which controls or restricts, or tends to or is calculated to control or restrict, the free exercise of a discretion for the public good vested in a public official is illegal and reprobated by the courts. The purported Collective Bargaining Agreement is by its design an attempt to strip the power of the Highway Commissioner and transfer it to Local ISO, not only for the term of Robert Miller, but also the term of his successor, and into the term of office after Andrew Gasser’s term expires.

69. To the extent that the purported Collective Bargaining Agreement is enforceable, the enforcement of the agreement would violate the public trust and strip Andrew Gasser of the power of his office.

WHEREFORE, Defendant/Counter-Plaintiffs, ANDREW GASSER THE ALGONQUIN TOWNSHIP HIGHWAY COMMISSIONER AND ALGONQUIN TOWNSHIP ROAD DISTRICT, pray as follows:

A. For issuance of a preliminary and permanent mandatory injunction ordering Counter-Defendant, Local 150, not to assert and enforce any purported labor agreement involving Algonquin Township, Andrew Gasser, the Algonquin Township Highway Commissioner, Highway Department, and/or the Algonquin Township Road District in a grievance or before any arbitrator or group of arbitrators.

B. For issuance of a preliminary and permanent injunction prohibiting the Defendant Local 150 from meeting or carrying out any business involving the enforcement of any agreement with any agent Algonquin Township andlor theAlgonquin Township Road District until such time as the Algonquin Township Board of Trustees votes to do so.

C. For a declaratory judgment that:

1. The purported labor agreement dated May 1, 2017, is null and void.

2. Any meetings with persons employed by Algonquin Township in connection with the purported collective bargaining agreement were improper and all actions taken at such non-public meetings are null and void.

3. That the failure of the Algonquin Township board of Trustees to meet, consider, and approve all business of the Township regarding the purported Collective Bargaining Agreement constitutes a failure of the statutory process under the Illinois Open Meetings law for confirming contractual obligations of the Township.

4. That all actions and agreements taken by any person acting as an agent of Board of Trustees, Andrew Gasser, the Algonquin Township Highway Department and/or the Algonquin Township Road District regarding any and all purported agreements with Defendant Local 150 are null and void.

D. For indemnification for their attorneys’ fees and costs in connection with this action.

E. For such further relief as the court may deem just.

Count IV – DECLARATORY RELIEF INVALIDATING PURPORTED CBA
(Direct Dealing-circumventing the collective bargaining process)

70. Paragraphs 1-40 and 43 are incorporated herein as if set out fully herein in this Count IV.

71. This count is plead on information and belief and each allegation hereafter is upon information and belief.

72. Robert Miller upon learning of his loss in the primary election initiated several actions to interfere with his successor’s abilities. Amongst them Robert Miller negotiated directly with Derek Lee and Rebecca Lee for terms and conditions of employment to be included in the purported collective bargaining agreement.

73. Robert Miller sought out and delivered to his son-in-laws a designed system to preserve the patronage system he created in his 24 years as Highway Commissioner by dealing directly with his son-in-laws and Rebecca Lee his daughter for the benefit of specific terms.

74. Robert Miller routinely used his position to grant economic benefits to various political affiliates and to facilitate a system of indirect economic benefits to the Miller Family.

75. Between losing in the primary election, Robert Miller, disposed of equipment and engaged in various schemes and artifices to secure economic benefits to his family. Amongst those schemes and artifices was the direct dealing with his family members outside of the purported collective union negotiation.

76. In reality Robert Miller and Derek Lee and Rebecca Lee designed the terms of the agreement not by negotiation with a public purpose in mind, but with the intent to procure long term benefits for Miller Family members.

77. Derek Lee and Rebecca Lee (Robert Miller’s Daughter) decided what was to be in the purported labor agreement.

78. The Direct dealing by Derek Lee and Rebecca Lee with Robert Miller on terms and conditions of employment was in degradation to the Union Representation.

79. The duty to bargain with the bargaining representative of Local 150 was violated in procuring the subject collective bargaining agreement. In this case, by direct dealing with Robert Miller’s family members on terms and conditions of employment.

80. The facilitation of Derek Lee’s and Rebecca Lees interest in a purported labor agreement by Robert Miller was designed to bypass the collective bargaining representative assigned by Local 150.

81. The purported negations between Local 150 and Robert Miller were a façade to cover up the fact that Robert Miller had already allowed Derek lee to determine the various provisions of the purported Collective bargaining agreement.

82. The activity of Robert Miller in conjunction with Derek lee and Rebecca Lee in crafting the terms and conditions of employment was unlawful and unprotected.

83. Local 150 was aware of the direct dealing between Robert miller and his other family members and participated in the fraudulent scheme and artifice to secure economic benefits and control over functions of the Road District.

WHEREFORE, Defendant/Counter-Plaintiffs, ANDREW GASSER THE ALGONQUIN TOWNSHIP HIGHWAY COMMISSIONER AND ALGONQUIN TOWNSHIP ROAD DISTRICT, pray as follows:

A. For issuance of a preliminary and permanent mandatory injunction ordering Counter-Defendant, Local 150, not to assert and enforce any purported labor agreement involving Algonquin Township, Andrew Gasser, the Algonquin Township Highway Commissioner, Highway Department, and/or the Algonquin Township Road District in a grievance or before any arbitrator or group of arbitrators.

B. For issuance of a preliminary and permanent injunction prohibiting the Defendant Local 150 from meeting or carrying out any business involving the enforcement of any agreement with any agent Algonquin Township andlor the Algonquin Township Road District until such time as the Algonquin Township Board of Trustees votes to do so.

C. A declaration that the purported Collective Bargaining Agreement is null and void.

Respectfully submitted;
/s/Robert T. Hanlon,
One of ANDREW GASSER, ALGONQUIN
TOWNSHIP HIGHWAY COMMISSIONER AND
THE ALGONQUIN TOWNSHIP ROAD
DISTRICT’s attorneys.

= = = = =
Apendices are not reprinted, but the agreement that Bob Miller signed can be found in the articles below:

= = = = =
Apendices are not reprinted, but the language of the agreement signed by Bob Miller can be found in the articles below:


Comments

Algonquin Township Road Commissioner Andrew Gasser’s Amended Complaint Against Local 150 — 21 Comments

  1. Wait til Nunda and McHenry Townships gets examined! Miller has a 115 IQ.

    The losers in the other townships have MUCH lower ones:

    Lee (‘Gottemoller’s ‘lil stoogie’) Jennings (Nunda Supe): 95
    Joe “I hired my kid’ Condom aka “The Hothead” (McH Roadie): 84
    Craig Adams (McH Supe.): 74
    Mike ‘Ironhead’ Lesperance (Nunda Roadie):66 He won’t pick up, but listen to his juvenile voicemail recording:
    Phone (815) 459-4410

    Eddie “Where’s My Money” Dvorak (Nunda trustee toadie) : 111 (if still alive)

    Nunda Township Christmas Party [Friday, Dec 15, 2017]:
    https://www.angliastudent.com/asset/Event/6013/Global-Alice-in-Wonderland.jpg

  2. If the township is eliminated all the township hwy workers will lose their jobs.

    And they’ll have Bob Miller to thank for his games and violations, poor judgement, and lack of ethics.!

    (I think you give him way too much credit for having an av IQ of 115.)

  3. Insulting Bob Miller’s intelligence probably means the commenter did not hear his defense of township government before the McHenry County Board’s Township Consolidation Task Force.

  4. Gooch’s reply: “Nuh-uh… did not!”

  5. Wait till Tin Can Mike is up for election again.

    Everyone wants to talk about videos that don’t matter anymore.

    Hey meat head moron mike!

    Remember that 16 yr plan?

    Your actions will not let that happen.

    All employees have camera phones now because you don’t provide a pager or two way radio to contact your “on call staff”.

    I also edit video so compiling your racist, sexist and unsafe acts will be easy.

  6. How do I post a picture cal?

    As Christmas nears I’m remembering my 44 dollar check I received just before the holiday and how hard it was shopping for my two daughters with that.

  7. Did anyone ever find out if Mike was given permission to tear that house down in Bayview beach?

    I know b3 was driving the over loaded tire smoking on the back deck truck and trailer while mikes personal machine was on it that’s waaaay to big to be on there.

    Or was that the day he broke township tools out of anger?

    Sooo many stories to share.

    Rumor has it he half drowned his kid for taking the row boat out.

    I heard that from two people that don’t know each other.

  8. Why is this official legal document filled so much Gasser campaign rhetoric?

    Are Algonquin Township taxpayers paying Hanlon over $200k to right campaign documents?

  9. this township has been taken advantage for last 3-4 decades, every one must be accountable, I

    think of the money saved in the future by gasser actions, not the cost for justice.

  10. This complaint is going to have to be re-pleaded.

    60 ILCS 1/85-30 applies to “purchases” of services.

    You don’t purchase services from employees, you hire them. It’s a linguistic stretch that I cannot imagine a judge would make.

    Count 1 is going to be dismissed with prejudice.

    The Open Meetings Act does not apply to collective bargaining agreement negotiations. 5 ILCS 315/24. Count 3 is going to be dismissed with prejudice.

    As salacious as it sounds, they have no proof for Count 4 (which is why it was pleaded “on information and belief”), so it is going to be dismissed with prejudice.

    Count 2 is going to need a miracle to be saved.

    The argument isn’t that Miller gave away the highway commissioner’s powers under statute (all CBAs do that, and unless they want to challenge the legality of all CBAs, it’s a loser).

    The correct argument is, as applied to townships, elected officials cannot tie the hands of their successors. See Grassini v. Du Page Township, 279 Ill.App.3d 614 (3d Dist. 1996).

    Here’s your nightmare scenario: suppose Gasser’s attorney does not move to amend Count 2 to include allegations that would support the Grassini analysis, and all four counts are dismissed with prejudice?

    He then would lose the right to re-plead the correct argument. What could have been a good thing turns into a crushing loss.

    Fingers crossed that he reads this and corrects his error before Local 150’s attorneys pounce.

    I also get a chuckle from the fact that a large section of the complaint was copied from an Illinois DOT pamphlet called “General Administrative Duties of the Township Highway Commissioner,” dated July 2013.

    When you pay hundreds of thousands of dollars for legal work, you’d hope that the attorney is relying on original sources of law, not pamphlets written by IDOT bureaucrats.

  11. Do you?

    Do you chuckle?

    Because that response makes me think you are oddly invested.

    Either way the MIllers have a wallop of Christmas presents this year and it isn’t Disney tickets for the Grandchildren.

  12. cleareyes — say what you want about your claims that Publius has some kind of vested interest, but Publius is right in his analysis.

    This complaint is garbage.

    The writing is garbage.

    The legal arguments are garbage.

    But hey, at least Hanlon is getting paid, I guess?

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