Illinois Leaks Says Contract Between Karen Lukasik & Jack Barrett Illegal

The following is posted with the permission of the Edgar County Watchdogs.

Algonquin Township Clerk Lukasik – Illegal contract disclosed

McHenry Co. (ECWd) –Today I received a response to my Freedom of Information Act request for key documents related to the illegal contracting of a person to work for the Algonquin Township Clerk which we covered in this article.In short, we hope whoever drafted the contract she provided is not a lawyer as first-year law students wouldn’t make these kinds of mistakes.We have confirmed that was no authority to enter into this contract, no board action, no agenda items, and no minutes reflecting proper action ever taken.

Karen Lukasik

With that in mind, these are issues we see with the contract the Clerk signed.

  • The law does not permit the Township Clerk to sign contracts for services.  We challenge the attorney that drafted this to prove otherwise. If it was not an attorney that drafted this, it shows. 
  • The Algonquin Township Clerk is not a unit of local government as claimed.
  • No approval by the Township Board, which is the unit of local government, to pay any set wage figure.
  • No termination date of contract set. Evergreen clauses are not legal with public bodies. 
  • Gives non-public employees unfettered access to public records.
  • Permits contact with Township attorney, who more than likely will bill for this unauthorized legal communication. Unauthorized because such an expenditure requires board approval.  
  • Only reports to the Township Clerk………who had no authority to contract with this person.
  • Comply with the Drug-Free Workplace Act. – LOL

Let’s look at the application of the Drug-Free Workplace Act, as whoever put this in the contract is a real piece of work.

Drug free workplace” means a site for the performance of work done in connection with a specific grant or contract of an entity whose employees are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in accordance with the requirements of this Act.

Since the Algonquin Township, Clerk’s office is not a site for the performance of work done in connection with a specific grant nor is this contract with an entity who has employees, the Act does not apply to this contracted kid, who we understand has ties to the law firm representing the Township.

According to the law as it relates to applicability of the Drug Free Workplace Act, 30 ILCS 580/2 (g) “Contractor” means a corporation, partnership, or other entity with 25 or more employees at the time of letting the contract, or a department, division, or unit thereof, directly responsible for the specific performance under a contract of $5,000 or more.

The kid that was hired does not meet the definition of a contractor for applicability to the Drug-Free Workplace.

And no, we are not endorsing the use of drugs while working there.

  • Nonemployees are not bound by public body policy, specifically a policy prohibiting sexual harassment.
  • All provisions of the Illinois Human Rights Act deal with employer and employee obligations.  This kid is neither and since he has no employees working for him, that law does not apply. 
  • Claims the contract can be terminated without cause –never mind there was no legal authority to enter into this contract in the first place.  Has anyone told them this contract is void ab-initio?  
  • The contract claims nothing within this agreement shall be construed as creating a relationship ofemployer and employee, or principal and agent, between the Township and the Contractor.  No kidding?  The reason is because this contract IS NOT between the Township and Contractor.  It is an illegal contract between the Township Clerk and a contractor, just as it says in the first paragraph.
  • Contractor cant speak to the press?  A gag order on his 1st Amendment?  Never mind that he can say all he wants to the person standing next to the reporter!

This is yet another example of how out of control some local elected officials are.  If this contract was done under the direction of an attorney, we suggest immediate termination of those legal services.  No matter how anyone wants to argue the content of this contract, the one thing we know without question, it is an illegal contract from the moment it was signed because the Clerk has no authority to enter into such a contract.

Once again, we urge the Township Clerk to Resign.  The abuse of power is crystal clear and should not be tolerated.

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Illinois Leaks Says Contract Between Karen Lukasik & Jack Barrett Illegal — 22 Comments

  1. The Township Clerk job is an 8 hour a month job; why would she need help?

  2. Why, how about to fill excessive FOIA requests by the Dogs, NWH, Cal, and Etc!
    To find or refile records that are missing since the “TEAM” rifled through the records.
    The past Clerk’s like Ludzow didn’t keep the filing of records up dated as they should have also.

  3. It’s how much time it takes to find the records Charles.
    4 year old, 8 year old?
    In the wrong order, wrong place?
    Ya that’s a big part of the problem.

  4. The records are a mess. 1987 was the last thorough update.
    No, not a close relative if at all.
    Miller is common name.

  5. I heard ECW filed suit against Algonquin Township because Karen couldn’t figure out how to copy records. The Millers will be so proud of her for even more legal fees. I’m sure there will be more tears to come. Btw who asked her to quit before she cried a river claiming she wouldn’t quit?

  6. And once again The Nob knows it all. Is there a competition of which nob knows the most?

  7. With just a tad of research from the AT website minutes:
    Aug: Clerk Lukasik informed the board that processes with the records inventorying were moving forward, thanking the board for the funds to help with the process.
    Sep: Clerk Lukasik informed the board that now that the scanner has been approved the plan is still moving forward and the cameras and computer will be in next week. She is still in the process to hire help and will be looking for help after all is set up.
    Of course all the minutes were approved by the board.
    The Contract was drawn up by Lawyer Kelly, our pal Kirk Allen is the know it all with a agenda.

  8. outwiththeold, keep your head out of your …. and research a tad, then we can compete on a level plain.

  9. Interesting that nob uses the AT board mtg. minutes as his point of research. Who records those minutes? That’s right, it’s the clerk. Anyone paying attention to the meetings knows that the inaccuracy of the minutes, is another example of the clerk’s failure to preform her duties.

  10. The board approves all minutes.
    Try a different rock to throw.
    Morning Cindy.

  11. Nob is pretty good at copy and paste too. He posts it everywhere possible.

  12. Nob: You act like you know it all! Do you know it all, really? Your qualifications to produce such knowledgeable opinions are limited only by your success as an unemployed bus driver. Ever been fired? Have you noticed that you commented 8 times in this single article. Of the 8 nob posts, how many are actually on point to the article? what is your source of your claims that former clerk didn’t keep up records? More Nob BS! How do you know that 1987 was the last year accurate records were kept? More Nob BS. you claim the contract was written by Attorney Kelly, how do you know that? More Nob BS. Have you ever had a successful business Nob? you don’t need to answer that. who is the TEAM you reference?

    Karen’s been at the job for nearly a year. based on your own nob blabber, she has had at least six months to get her act together.

  13. Cobbler, I never claimed to know it all, I’m not sorry facts get in your way.
    Now the Dog’s are suiting, more waste tax $$$$ from people who say they hate waste.

  14. Facts because you say so Nob? Your research consists of copying the newspaper links and spamming them all over here and other sites. Maybe you should run for office? You seem to think you have the answer for everything.

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