Illinois Leaks Predicts More Cost from Failure of Algonquin Township Board to Settle FOIA Suit with Algonquin Township Road District by Township Board

Reprinted with permission from Illinois Leaks:

Algonquin Township – The Circus Tent just collapsed

McHenry Co. (ECWd) –About the time you think the last circus act has performed, surprise, the show must go on!
The Township board has once again established, by clear and convincing evidence, they have never read the statutes that affect them, and if they have, they either don’t understand them or refuse to follow them.
This opinion is based on the events that led up to and took place during the October 19th, 2018 Special Meeting.
While one trustee now claims to be the Watchdog for Algonquin with interesting quotes in the local paper, we find once again the paper failed to do the deep dive to expose the circus act being played.
The board’s actions, past and present, have once again caused more legal action to be triggered for them to defend and it would appear this is just the beginning.
The Township Board was served papers after last [Wednesday] night’s meeting pertaining to their actions on the budget of another public body, the Road District.The paper failed to disclose that information.

By the Board’s own actions of trying to control matters outside their authority, they have once again generated more billable hours for their attorney, James Kelly.

Is this by Kelly’s design?

Rachael Lawrence

Of interest in the reporting of last night’s meeting were quotes from trustee Rachael Lawrence that defy truth.

“Commissioner Gasser was well aware of his self-imposed and board-approved budget at the time this proposed settlement was drafted,” 

Self-imposed?  

The board overstepped their authority and stripped $100,000 from his budget and the very trustee claiming the Road Districts budget was self-imposed, voted NO on that action.

Oh the irony! LOL

“This agreement that was entered into is not a court order.”

No, it is not a court order, and they all knew that well in advance.

Nor does it have to be a court order, but rest assured, their interference in the matter will, in fact, lead to a court order and they will once again have to take care of this matter.

“We were under the impression that we needed to approve this within five days because it was court-ordered,” 

Really? 

Had she read the Settlement Agreement she had in her possession prior to the October 10th, 2018 meeting, she would have known there was no such time restraint as described and she would have also known it was not a court order.

I guess it’s easier to blame others for spreading misinformation than reading it for herself.

The board’s prior failure to take care of this at the regular meeting did put them on a 10-day window to take care of it to avoid further costs.

Their actions blew that timeline and triggered more expense for the taxpayers.

“Because the settlement was not ordered by a court, the settlement payment is not an unforeseen or necessary expenditure, Lawrence said, urging the board to vote against the transfer of funds to pay the settlement.”

Are we to understand Trustee Lawrence is of the opinion that only court-ordered settlements qualify as unforeseen or necessary expenditures?

Clerk Karen Lukasik

The Road District, that by statute can sue and be sued, ended up getting sued and because of the Clerk’s failures have an unforeseen matter that involves a settlement to avoid further legal expenditures, which clearly makes

those a necessary and justified expenditure.

Regardless, since when does the Township have any authority to determine what is or is not foreseen and necessary?

While the board refused to provide an $8,000.00 appropriation amendment to the Road District budget, it was reported that they did approve $25,000 to be transferred from other Township Funds to cover the Clerk’s legal budget.

Once again, oh the irony!

LOL

Melissa victor

The McHenry County Blog reported a quote from Melissa Victor that also defies logic in the grand scheme of things.

“Victor insisted on waiting for a court order, noting also that Gasser “doesn’t have the money to pay for it.”

Yes, he does have the money to pay for it!  

It was in his original budget that the board improperly cut and refuse to replenish.

So to say he does not have the money is simply not true.

The real irony in this is the insistence that a court order changes anything.

Well, I guess it does change one thing.

Waiting on a court order has locked in another $5,000.00 expense at a minimum.

At the pace we see cases move in McHenry County, we suspect it will be several months before the court order is issued, thus resulting in several more $5,000 penalties for refusing to replenish the budget of the Road District.

What they don’t realize is those $5,000 penalties appear to be a future obligation of the Township because of their actions.

More on that in another article.

The last bit of irony from last night’s meeting is a comment quoted in the MCB from Trustee Chapman.

“Dave Chapman asked all involved to “start being human to each other…to end these lawsuits.”

Uh, that is what we tried to do by settling our case with the Road District? 

How ironic is it that one trustee wants to end the lawsuits but then votes to ensure the legal bills continue?

Yep, real smart people under this big top!
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Comments

Illinois Leaks Predicts More Cost from Failure of Algonquin Township Board to Settle FOIA Suit with Algonquin Township Road District by Township Board — 7 Comments

  1. OMG, if this doesn’t fit the definition of piling on by the Dog’s for political gain, what does?

    IN THE CIRCUIT COURT OF THE 22ND JUDICIAL CIRCUIT MCHENRY COUNTY, ILLINOIS
    KIRK ALLEN, JOHN KRAFT, AND EDGAR COUNTY WATCHDOGS INC. Plaintiffs,
    V. Case No. 18 CH 000238
    ALGONQUIN TOWNSHIP AND ALGONQUIN TOWNSHIP ROAD DISTRICT, Defendants.
    LIST OF DOCUMENTS REQUESTED BY PLAINTIFF

    There are 98 FOIA requested, maybe Cal would display them all?

    I realize this is allot to copy and paste Cal, but it’s significantly less work then the Clerk would have to do to filling the requests!

    Maybe a list of all your FOIA request to Alg twh also Cal, Fair and Balanced piling on like the Dog’s A?

  2. “Uh, that is what we tried to do by settling our case with the Road District?”

    Such benevolence from OUR watchdog and an obvious money grab.

    Everyone running this township are obviously idiots but who is the crook in this scenario?

    How does this lawsuit benefit anyone but the Edgar County Watchdogs.

    Mr. Allen you saw an opportunity and acted now through the incompetence of Algonquin township it will cost us money.

    Sorry but you are not a man of any integrity either.

  3. Maybe if the taxpayers get tired of paying the ‘Edgar County Watchdogs’ they will pay more attention to who they are voting for.

    – maybe we will get more candidates with a functioning brain instead of the brain dead pool we now seem to draw from

    – or maybe the voters will continue their current down-slide and base their votes on the lies spread by the MSM and in anonymous ‘mailers’ sent to denigrate good candidates.

    Do your own research before you vote – call the candidates and get answers to any questions you may have.

    Don’t trust the MSM and for certain do not trust what you get in the mail or a lying robo-call.

  4. Seriously, I don’t begrudge Kirk for making some coin off these Algonquin f’wits.

    He didn’t steal it.

  5. “11) From a November 13, 2017 FOIA request A copy of the board meeting minutes and agenda for the meeting held in Springfield at the Chesapeake Seafood Restaurant on 8/8/2008. (Claimed no records).”

    That date was the Fall TOI Education meeting attended by most of the township elected at that time.

    No meeting at the restaurant, so no need for minutes or agenda, the meal was on our dime.

    Kirk seems to be suggesting that there was a meeting while they ate, of course that would violate the law if they talked about township business other than what happened at the TOI meeting while eating.

  6. C’mon Kirk give us an ethical justification for what you are doing.

    What are the damages you claim for a 40K and growing, settlement?

    You can drop the Watchdog from your group, Instead just switch it to Opportunist.

  7. Our work is funded entirely thru donations and we
    ask that you consider donating at the below link.

    Yea, I don’t think so.

    You forgot to mention frivolous and opportunistic lawsuits.

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