A comment from Illinois Leaks’ Kirk Allen on the court decision in the Operating Engineers Local 150 case:
Kirk Allen of Illinois Leaks.
The clock on appeal has yet to begin as there was no FINAL ORDER. In fact, there are no less than 3 First Impression elements in this case.
While there appears to be a lot of people that think this case is over, we have yet to have anyone recognize some facts that are key in this case.
The judge, as we understand it,has his background in Collections.
All the McHnery County judges recused themselves as did half of the Lake County? judges before it was assigned to this judge who has little to no experience in this realm of law.
We also have yet to hear from anyone that believes a Road District is not a public body.
The judge hung his hat on that element in his reasoning.
We all know that is wrong.
It is an important part of this case as Public Body’s have certain obligations that Miller failed to comply with.
Several continue to chime in that Miller had every right to sign the contract.
We agree, but only under the constraints spelled out in law and case law.
Miller failed on that front and I am betting the Appellate Court will see that very clearly.
There will be no appeal until there is a final order which won’t happen until the FOIA suit that 150 brought against the road district is settled.
A case that no one wants to talk about.
While chiming about the lawyer bills, why is no one talking about 150 suing over access to gasser emails that are NOT public records?
I would appreciate seeing what legal authority you have for your reasoning.
The emails 150 is seeking are those prior to Gasser taking office.
Those are not public records.
FOIA applies to public records so who is costing the Road District legal bills on a losing case?
Actually, I believe that the L150 FOIA lawsuit covers emails from both before he took office and after, correct? And a big part of the argument is that Gasser used personal email to do Road District business, and they (L150) are attempting to get those emails from Gasser’s personal email address, right?
**so who is costing the Road District legal bills on a losing case?**
Also… don’t be obtuse. The FOIA lawsuit is hardly the driving force behind the Hanlon legal bills. And if it is, I’d like to see that breakdown of bills from Hanlon.
legal authority? Have you read the case law provided in support of this case?
So you are not talking about whether or not Miller had the authority to enter into a CBA with the union prior to his departure.
Allen is right.
The ham-handed, vengeful and defeated Miller did pull a fast one to wreck Algonquin Township. But that’s what childish township goons do as ‘pay back’ to the citizens who finally saw fit to end his dynastic crime empire.
This is a cat friendly sunshine blog; no watchdogs are welcome. Make way for the bluenami…stay tuned…tic, tock, tic, tock, tic, tock…
Exactly, Taxpayer.
Gasser was a private citizen and therefore his emails are not of public record re: township BEFORE he was elected.
This was never about Miller having a right to enter into a contract.
It was about the process used and how the contract bound the hands of future boards and there is a very specific law on that point.
The only way around that fact was for the judge to take the position the Road District was not a public body by definition, then he could say no hands were bound.
Working on getting the transcript so the real story can be told.
On behalf of our McHenry County sunshine blog and all sunshine commenters we want to extend our own Edgar County mangy watchdog the most heartfelt congratulations as we celebrate National Dog Day. Being a feline friendly blog, we intuitively despise any canine presence on this beacon of journalism and political commentary. However, given the significance of this holiday, we will make an exception and declare a 24 hour truce and cease fire on cat-dog hostilities. Stay tuned…tic, tock, tic, tock, tic, tock, meow, meow, meeeeeoooooowwwwwwwww…
I would still appreciate seeing statutory and case law citations to support your position that the proper process was not used.
Why can’t the libtards face it: Miller was an out and out crook!
He only wanted the best things for his family and lazy-as#ed self.
AT YOUR EXPENSE!
When he was finally defenestrated, after years of gorging and corruption, he tries to destroy the whole thing just like a suicide bomber at a subway station.
OK, finally got a copy of the actual FOIA complaint. As it relates to the FOIA, Gasser did not take office prior to May 16th, 2017. The request does ask for all emails to and from Gasser between April 15, 2017, to present, which was the day the FOIA was sent, June 12, 2017, and included personal emails where public business was conducted.
The emails to and from Gasser between April 15, 2017, and May 15, 2017, are not public records as he was not the Road District Highway Commissioner.
Emails between May 16, 2017, and June 12, 2017, would be the only applicable dates where records should have been provided, to include personal emails where public business was conducted.
Looking at the response, Gasser did not follow the proper steps to invoke an unduly burdensome denial. Not surprising for a newly elected official. Not sure when he took his FOIA training but if it came AFTER the denial I suspect all the court is going to do is make him produce the applicable records, which he should since key requirements were not followed.
I am suing for practically the same thing done by Lukasik.
Where it gets interesting is the FOIA complaint states they Road District is a Public Body. We agree, totally! So how can the Judge take the position they are not a public body for the 150 union case? By saying they are not in one case would appear to be a problem as claiming they are for an FOIA case would mean the judge has taken two different positions for the same Road District. Can’t have it both ways.
That is one of the key reasons I believe things will change on the 150 case at the appellate level. As stated before, I suspect 150 will drop this FOIA case as nothing can move to the appellate court since there has been no final ruling.
Exactly, RickeyRicardo.
Miller was Dangerous, costly, sophmoric!
**I am suing for practically the same thing done by Lukasik.**
LOL.
Yet you bashed L150 earlier in this thread for “costing the Road District legal bills on a losing case.”
Kirk: Thanks for the explanation but I still don’t see how this translates into a conclusion that Miller didn’t have the authority while he was still Road Commissioner to enter into a collective bargaining agreement with a union without going through the Township Board.
Could you give us your reasoning on that and any legal authority in support?
I said nothing about him having to go through the township board.
An elected official cant enter into contracts that bind the hands of the next elected official unless the law permits it.
Miller entered a contract that tied the hands of his successor, making an election meaningless.
There is plenty of case law on this point.
He could have done a shorter term contract but not one that carries clear through the next elected official’s term.