Yesterday, all but one of the counts in Algonquin Township Andrew Gasser’s latest filing against Bob and Anna May Miller, plus Karen Lukasik was presented.
This is the case that Gasser attorney Robert Hanlon is handling without cost to Algonquin Township taxpayers.
Today we look at what amounts to a summary of the case under Count 9, entitled, “Accounting.”
All of the following is copied directly from the end of the court filing.
“Plaintiffs restate and re-allege the allegations of Counts I-V sounding in a breach of fiduciary duty in this count.
“In furtherance of his statutory duties, GASSER seeks to account for the assets of the Road District.
“The Road District has a need for discovery not only as it relates to the breach of fiduciary duty referenced in Counts I-V, but also as it relates to the misappropriation of funds and bid rigging that plaintiffs believe occurred with respect to a Street Sweeper acquisition.
- On 3/15/2017 Kevin Watts of RNow solicited Bob Miller for a Street sweeper providing a brochure.
- On 3/20/2017 Richard Bakken of Standard Equipment delivered specs to Bob Miller on an Elgin Crosswind Machine.
- On 4/04/2017 Richard Bakken revises the Specs and delivers the revised specifications to Bob Miller at Bob’s direction.
- On 4/07/2017 Bob Miller orders for publication in the Northwest Herald/Shaw Media an advertisement to appear on 4/10/2017.
- On 4/10/2017 Northwest Herald Publishes Notice of Invitation for Bids using the language from the Richard Bakken list.
- On 4/10/2017 Richard Bakken delivers to Bob Miller a revised spec sheet that is thereafter used as the official bid package spec sheet.
- On 4/17/2017 Richard Bakken seeks an “Official Bid Package” and the Official Bid Package is delivered to him using his exact same document as what Richard Bakken prepared – all the way down to the font used.
- On 4/26/2017 Richard Bakken sent an e-mail to Bob Miller with his “official bid” signed and indicating that he will bring an original bid sheet to the meeting for opening the bids later that evening.
- On 4/26/2017 the bids were opened, with the following bids:
- Wm Nobbe Co. Regenerative Sweeper $253,700.00
- Standard Equipment, Elgin Sweeper $307,719.25 (Richard Bakken’s Company)
- RNOW, Schwartz $267,622.00
“The Road District seeks to account and recover from Defendant Bob unlawful payments made by the Road District while Miller was the Highway Commissioner.
“Article VIII, section l(a), of the Illinois Constitution, provides that “Public funds, property or credit shall be used only for public purposes.” See People v Howard, 888 N.E.2d 85, 228 Il1.2d 428 (2008).
“Payment of government money for admission to Disneyland serves absolutely no legitimate lawful public purpose in connection with the function of Road District.
“Payment of government money for purchases of cashmere sweaters serves absolutely no legitimate lawful public purpose in connection with the function of Road District.
“Use of private e-mail to conduct the business of Algonquin Township serves absolutely no legitimate purpose and only serves to prevent the public from having access to records that are clearly within the realm of public inquiry.
“It is the duty of all persons in government to preserve records of the public body.
“Gasser is further responsible for accounting for all of the assets of the office of the Highway Commissioner and the Road District. Obtaining records related to the use of Road District money will allow Gasser to account for all assets of the Road District.
“WHEREFORE, Plaintiffs pray that this Honorable Court grant the following relief:
- Grant an accounting to allow the Plaintiff to account for all of the records and assets of the Road District.
- Order Defendants Robert Miller and Anna May Miller to turn over the emails contained on each of their email accounts used while employed by the Algonquin Township to Plaintiff and to the clerk of Algonquin Township.
- Issue an injunction preventing the destruction of records of the Road District.
- Order the Algonquin Township Clerk to allow Andrew Gasser access to the Records of the Road District in furtherance of this accounting action.
- For such other and further relief as this Court deems just and equitable