Algonquin Township Road Salt Subpoena Reported by Northwest Herald

You can read the article here.

On October 17, 2018, Algonquin Township Road Commissioner Andrew Gasser issued the following press release:

Each year the Algonquin Township Road District has been purchasing salt to ensure the roads of the District are safe.

Each year the Road District uses at least 2,000 tons of salt.

The Village of Oakwood Hills has agreed to purchase excess salt form the Road District because the District has the facilities to store salt without it being subject to waste.

Algonquin Township salt dome.

Presently, there is a shortage of salt and the Road District has secured the necessary supplies for this next winter.

However, due to an oversight, this year’s purchase was not put out for bid.

To remedy this situation, the Road District is considering several options and has conferred with its counsel.

Until there is a remedy to the situation, the Road District will not disburse any payment to any supplier until all such actions comply with state law.

Illinois Leaks beat me to the punch in posting the information I received late yesterday afternoon.

Here is its story:

Algonquin Township Road District – Good governance comes with ownership

McHenry Co. (ECWd) –Over the last 6 years, we have found very few public officials that actually take ownership of their operation…….when they screw up.Last week we recieved multiple tips regarding a recent salt deliver to the Algonquin Township Road District.  One of interest was from the actual Highway Commissioner, Andrew Gasser.“I’m sorry, I screwed up”

The communication was welcoming to us as normally when public officials “screw up” they take steps to cover up rather than simply owning the mistake and fixing it.

In this case, the winter supply of salt was ordered and delivered however there were no requests for bid, thus no bids received.

Recognizing the mistake Gasser sought counsel from his attorney and the matter is being addressed.  Of interest is the press release issued relating to this matter.

“Until there is a remedy to the situation, the Road District will not disburse any payment to any supplier until all such actions comply with state law.”

Actions always speak louder than words and in this case, the actions of Andrew Gasser appear to be of ownership for his mistake and seeking a correction before any taxpayer money is expended.

The Highway Code requires bidding for certain matters when the cost is greater than $20,000.00.  Those requirements can be viewed at this link.  Salt would fall into this requirement.

According to Gasser, the salt was not bid out last year either which could be problematic for the seller if a taxpayer wished to seek recovery of funds used to pay for that salt.  It is the obligation of the seller to ensure the sale meets the required obligations under the law.

Void ab initio: Contracts entered into in violation of law, statute, or local rules are void from the beginning. “Further, a party contracting with a city is presumed to 291*291 know whether the city is prohibited from making a contract, and a contract made in violation of section 8-1-7 is void ab initio and cannot be enforced by estoppel or ratification.” Ligenza v. Vill. of Round Lake Beach, 478 NE 2d 1187 – Ill: Appellate Court, 2nd Dist. 1985. —AND — “The general rule, however, is that when an employee of a municipal corporation purports to bind the corporation by contract without prior approval, in violation of an applicable statute, such a contract is utterly void.” DC CONSULTING ENG., INC. v. Batavia Park Dist., 492 NE 2d 1000 – Ill: Appellate Court, 2nd Dist. 1986. 

In short, any such sale is void and funds could be recovered from the vendor who recieved the funds in a civil action.

By all indications, Gasser has recognized the mistake and taken correct steps to ensure this issue is dealt with and that our laws are followed.  We understand mistakes happen and while some will choose to make this into a mountain, it clearly is a bump in the road to good governance.

Thank you, Mr. Gasser, for recognizing you screwed up and taking corrective measures to ensure this does not happen again.

= = = = =
A couple of days after Gasser’s press release, the Township Board refused to pay the $40,000 that had been negotiated with the Edgar County Watchdogs (now up to $55,000 because of the delay by the Township Board).

At the end of that meeting Trustee Rachael Lawrence announced she was turning the salt purchase “over to law enforcement.”


Comments

Algonquin Township Road Salt Subpoena Reported by Northwest Herald — 26 Comments

  1. Thank you Mr. Allen for telling us what is appropriate and what is not.

    I guess we “need” you for that, because nobody but you are able to make up our own minds about what we should think.

    Kirk said it, the big pink idiot gets a pass on this one.

  2. cal, we remember the kirk/gasser trying to put lipstick on a pig-of-a-situation.

    Still a pig anyway gasser and kirk spin it.

    Interesting how you join the spin spending your post on a months old press release put out by the tag team and high paid attorneys.

    gasser either continues to shine his job related ignorance or he believes he above the laws of governance.

    now if one was of the kirk ilk one could come up with all kinds of near truth statements and conspiracy theories regarding gasser’s “transparent mistake”.

    Perhaps kick backs, or other criminal activities even if the States Attorney says it was a mistake or no evidence of malpractice could be found on the this matter.

    One may then turn of the States Attorney.

    Naw, this would be too antiAmerican-even for kirk. ha ha.

    this post just illustrates why cal should never be considered media or even media when he begs for special seating at public meeting or entrance to the free buffet.

  3. Let me get this straight squeally-Kennealy is going after Gasser on this salt deal, but doing nothing about the Miller Clan’s Disneyland trips/Amazon luxury purse purchases or the $250K in missing $100 gift cards????!!!!

  4. To be fair, I think you have to chalk this one up to inexperience.

    You replaced a corrupt crime family with an honest but inexperienced guy who is probably not even going to run for re-election.

    Its a small price to pay.

  5. You will notice that the NWH also quoted Gasser’s press release.

  6. Yeah it’s not Gasser’s fault that he is a moron who doesn’t know what the hell he’s doing.

    Cut him some slack!

    He’s one us!

    He admitted he’s clueless and in over his head so all good!

  7. Big Term – pretty sure the State’s Attorney issued subpoenas in the Miller investigation and turned everything over to an outside agency.

    Seems to me he’s doing (at least so far) the same thing here?

    How has he differed in treating Gasser and Miller?

    Shouldn’t you expect consistency?

    Or do you want to see political opponents locked up and prosecuted and political allies off without a proper investigation?

    I think I know your answer.

  8. Fasten your seatbelt!

    This creation of the subpoena is but one more step in the arsenal of the NWH, and the ‘old guard’ of McHenry County political circles to move attention away from what appears is a major screw-up by the LIAR in allowing his name to be mentioned relative to the Illinois Integrity Fund.

    I expect we will see more of the same.

  9. Let’s be clear.

    A mistake was made.

    The mistake was fixed.

    The result is the same- Road District has salt and gets it at the same price.

    What the hell has Lawrence’s undies in a bunch?

    Did Lawrence approve the audit on the prior Salt purchase?

    (Yes)

    Who actually writes the checks for the Road District?

    (Chuck).

    Who is in charge of releasing money from the Road District?

    (Chuck).

    Who signes the paper work to release the money and didn’t (Gasser).

    So Gasser has the presence of mind to fix the problem.

    And people making comments here are at liberty to call him inept.

    Gasser timely submitted a levy.

    Victor and Shea didn’t like it so they rejected it.

    (Must be Gasser’s fault)

    After the board realizes it’s FUBAR because of Victor BS, it has an extra meeting to fix it with Lawrence acting to cover it up.

    (Must be Gasser’s fault, and never mind the board’s (Victor and Shea) mistake.

    Shush!

    And if anyone wants to hold the board accountable, it’s Gasser’s fault.

    Shame on you Gasser.

    When NWH reports on the special meeting, Ed Komenda spoon fed by Lawrence neglects to mention Victor and Shea screwing up the levy in the first place.

    Shush!

    When Lawrence resigns from the GOP she burns every bridge that exists because she is infallible.

    I’m sure that’s Gasser’s fault too.

    What’s Lawrence’s motive in walking a picket line with Local 150?

    That’s right, it’s Gasser’s fault and has nothing to do with Lawrence best bud and 150 member/neighbor working at the Road District.

    Lawrence lives in the glass house and is out there tossing stones.

    So far her stone throwing has eliminated almost every relationship she has.

    Off to make new friends.

  10. Listening, helps to tell all the facts which you didn’t.

    Gasser did finally bid out the salt and it came in at the price he originally agreed to pay for, but that is $25 to $30 more than other local gov agencies are paying.

    That is not a positive deal from your hero.

    Gradually Rachael has learned who Andrew really is and represents and she’s not akin to screwing tax payers like Gasser is.

    Yup, I’ve also heard she talks to a taxpayer neighbor who also works for the road district.

    Wow, hearing a different side is a problem now?

    Come on!

  11. Nob, you ignorant slut! Lol.

    Actually you are not funny.

    There is no way every fact could be discussed here.

    You want to talk price- why didn’t you bid at 90 and go get salt at $20/ton less.

    You missed the profit had you bid but you didn’t!

    Why?

    Also, I believe your math doesn’t add up, just like Ed sensationalized it.

    Btw Gasser is not my hero.

    Unlike your hero, Miller, I know Gasser has not gone to Disneyland on the Road District dime.

    How funny would it be to submit to Victor (and the board critics)Disneyland tickets!

    Would she support that?

    Would Lawrence?

    Would chuck?

    Here is a question for the all knowing Nob: Exactly what are the consequences for Victor and Shea’s refusal to pay bills including the new truck?

    Please tell us all what is that Consequence?

  12. kirk, I am pretty sure Nob is correct.

    gasser send an after-the-fact of no bid purchase and they came back at the same price gasser overpaid.

    Once again, you try to confuse folks with your comments that rely on nitpicking.

    Face it, gasser acted both illegally and foolishly.

    Spin for your boy all you want, but them is the facts.

  13. Known, isn’t this the 2nd year he has bought salt.

    What did he do last winter?

    Couldn’t he have looked at past bills to get an idea about what salt cost?

    Any person with a sense of business would have done that.

    Yes probably a mistake but it just goes to show he is way out over his skis.

    Combine that with all the FOIA bs and the union lawsuits, which is just political payback, trucks we didn’t need, this guy is a total failure.

    Combine that with a board that hasn’t a clue and we a hemorrhaging money at an alarming rate.

    Everyone is looking to save face and we the citizens are paying for all this foolishness.

    The worst part for me is I voted for him because I always believed the Millers were a corrupt group, now I’ m not so sure they weren’ t the better option.

    They could have been caught red handed.

    Now we are stuck with ineptitude the like I have never seen.

    I’m not sure the Millers cost us as much as this guy.

  14. It can’t be said better than what Listening on stated so I won’t try.

    I agree with Listening on’s view.

  15. It’s so sad that our partisan Gasser hack Kirk Allen is waltzing the facts again.

    Cal provided a link to the NWH article, this paragraph is relative:

    “Gasser paid $91 a ton – about $30 more than what area highway departments spent through the Lake County Division of Transportation’s salt-buying program. Cary spent $62, Woodstock paid $62, Fox River Grove spent $63 and Crystal Lake paid $64.”

    Above I said $25 to $30 a ton difference over other local gov agencies, with Cary and Woodstock the difference is $29 a ton, FRG $28, and CL $27 a ton, my math was on the money and accurate.

    Kirk’s statement again shows how far he’s gone over to the dark side.

  16. Listening, why ask me when you don’t believe me anyway?

    Ask Kirk he’s the new resident law expert dude.

    Spend the time to read his stuff carefully though, bs is often a major part of his rant.

  17. Grafton paid $69.

    They are a local government agency but reporting that number changes the narrative being pushed.

    I agree, he overpaid compared to ALL the other prices exposed but cherry-picking those that support a narrative of about $30 more when is not fair either.

    More importantly, the first complaint was he didn’t bid.

    A great complaint, but now after bidding, that was not good enough either because he should have done it differently.

    What is not being reported, as I understand it, is that Lake County refused to allow participation in their joint purchase.

    So why compare an entity that would not allow participation?

    With the way things are being reported why not find salt prices in Utah and shows how much more Gasser spent than them?

  18. Gasser is paying 23% more because he blew it.

    Those are the facts.

  19. Miller(s) unlawfully spent taxpayer money.

    Taxpayers want him investigated.

    Taxpayers want justice and our money back from the Miller regime.

    Those are the facts.

  20. Based on the last brief filed, I don’t see how Miller is going to escape from paying back his $47,000.00 in sick pay he admittedly took improperly from the Road District.

    “Counts VII and VIII of the complaint seek redress for the receipt by Miller of $47,384 from the Road District for purportedly unpaid sick time when in fact, Miller acknowledges that the payment from the Road District was
    erroneous”

    How can one get away with keeping those funds when they have admitted in court documents that taking it from the Road District was erroneous?

  21. Kirk, what does this have to do with the price of salt in Utah?

    Does this now absolve Gasser from being incompetent?

  22. How is he getting away with it if there is pending litigation?

    Bob and weave, bob and weave.

    Deflection is the arguer’s last grasp.

  23. I simply responded to a comment about Miller’s spending.

    My information provided supporting information to the comment.

    As far as having anything to do with the price of salt in Utah, absolutely nothing.

    My comment had nothing to do with Gasser so why ask that question?

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