The Local 150 v. Algonquin Township Road District Decision in Which Andrew Gasser Was Not Held in Contempt of Court

I read the 160-pqge transcript in the following https://edgarcountywatchdogs.com/2019/01/algonquin-township-road-district-vs-union-150-court-transcript-the-truth/ and wondered what the court order said.

You can read it below:

To me, the transcript began to get interesting d end the proceedingsfirst at page 122, when Andrew Gasser attorney Robert Hanlon tells the judge that his order was not specific enough to know what should be done when.

On page 140 Hanlon states that the court hearing is about whether Gasser “was willfully and contumaciously violating your order.”

At this point the Judge admits he’d “have to fashion something in the order, other than…more specific than I fashioned in the September 20th order, obviously.”

That being the case, Hanlon said, “then he couldn’t have willfully violated your order to begin with.”

On page 143 Hanlon argues that if the Judge were to amend his court order, “certainly then he cannot beheld in contempt, and then the order would be ripe for appeal as well, because it would end the proceedings.”

The following exchange made me smile:

Judge: Can IO amend my order sua sponte to that effect?

Hanlon: You’re the judge.

Judge: That doesn’t mean as much as you think.

On page 150, the Judge notes, “There’s nothing punitive bout indirect civil contempt. It’s all coercive. Sp, there’s no penalty, it’s simply a coercive tool of the Court.”

Local 150 attorney Paszata suggests ordering Gasser sequentially to strike members from the eight suggested arbitration panels.

Gasser then testified that his twenty years experience in the Armed Forces taught him how to follow orders.

“Never in this entire process have I willfully or gone out of my way to say I’m not going to comply with something legally. It’s something I fought for fro twenty years.”

The Judge stated, “I don’t find your conduct to be contumacious or disrespectful to the Court.

“So for these reasons, I’m not going to — I’m denying the Petition for Indirect Contempt of Court.”

He then went on to describe what he wanted in the new order.

Below is the article that Illinois Leaks, including the court transcript, can be found below:

Algonquin Township Road District vs. Union 150 – Court Transcript- the truth

McHenry Co. (ECWd) –As promised, the transcript of the recent Union 150 case against the Algonquin Township Road district has arrived and available for download at this link or viewed below.

Most telling is the fact it does not contain many of the allegations we heard locals spreading on social media.

There are several very interesting points made of which we point out a few below.  We urge everyone to read it to get the truth as to what went on in court rather than listening to a bunch of gossip on social media.

  • Local 150 filed three motions seeking money, specifically:

1) Motion for Sanctions $159,095.00  (Denied)

2) Motion for Attorney Fees under the Open Meetings Act  $161,106.50 (Denied)

3) Motion for Attorney Fees under the Freedom of Information Act (One Count) $52,095 (Awarded  $31,850.)

  • Local 150 also filed a motion to hold Andrew Gasser in Contempt. (Denied)
  • Local 150 asked for costs totaling $1,756 and was awarded costs of $451. (25%)

Out of claims totaling $374,308, the Road District was ordered to pay $32,301, or only 8.6% of the money Local 150 demanded.

Does Local 150 have any order that allows the Union to have an employee restored to employment?

No, contrary to claims from the social media warriors reporting otherwise.

What is the focus of NWH reporting, – Rob Hanlon is late and Andrew Gasser has 21 days to pick an arbitration panel.

What would the NWH headline be if the court awarded all of Local 150’s fee demands?

Hanlon caused $400,000 in more legal fees……

While the entire transcript is very interesting reading, two things jumped out at us.

  • Union 150 – “We think that there’s no way that they could have been terminated for just cause”

They think?  How interesting that they did not say they “know”. 

  • The Judge– “I do look at the September 20 order, and it is not as precise or specific as in retrospect it should have been, in my opinion. And so I’ve listened to your testimony under direct and cross-examination as well as your statement. I don’t find your conduct to be contumacious or disrespectful to the Court. So for those reasons, I am not going to — I’m denying the Petition for Indirect Civil Contempt.”

So it was the judge’s order on September 20 that was not precise, rather than Andrew Gasser ignoring the courts as has been claimed.

Go figure, truth prevails once again.


Comments

The Local 150 v. Algonquin Township Road District Decision in Which Andrew Gasser Was Not Held in Contempt of Court — 17 Comments

  1. Ignoring 4 and most importantly 6 are very telling of the Dog’s and Cal.

    Arbitration will move forward which means reinstating the fired, back pay, and some other minor points.

  2. Not mentioned:

    Had Bob Miller not (apparently) colluded with Local 150 and started the unionization process prior to Gasser taking office, the taxpayers of Algonquin Township would not be incurring these legal fees and increased labor costs.

    Had Bob Miller simply fired his spouse and not had all those questionable expenses approved by the Board, he might still be in office!

    Don’t attack Gasser and certainly not Hanlon – remember the root cause of all of these shenanigans.

    Had Springfield not screwed around with Township Law and made the position of Highway Commissioner a dictatorship, we would likely be discussing some of the real problems in this country!

    BTW I would interpret Cal’s post being relative to ‘contempt’ charges and not about “4 and most importantly 6”.

    Both the NWH and the more local Independent have proven they have descended into the abyss.

  3. Nob: by stating that since arbitration will move forwards, it means reinstating the fired, back pay, and some other things, you inadvertently acknowledge that arbitration is a flawed process that (by default) rules in favor of the union.

    If that tends to be the case, maybe Illinois needs to prohibit arbitration in public sector union cases and leave it up to a Court.

  4. Nob-They only fixate on the points that support their narrative.

    You know that.

    Union 150 – “We think that there’s no way that they could have been terminated for just cause”

    Come on Kirk, What do you know?

    You claim more knowledge than what you report.

    What would that due cause be on the first day Gasser took over.

    Did he have time to evaluate his crews? I

    t was political pay back.

    Spin it how you want.

    “No, contrary to claims from the social media warriors reporting otherwise.”

    Ambiguous statement.

    I follow this pretty close.

    I have not seen this.

    Blatant shot at anyone who has the audacity to disagree with you.

    Kirk, What are the odds that Arbitration will side with the defendant.

    My bet would be on Labor.

    “What would the NWH headline be if the court awarded all of Local 150’s fee demands?
    Hanlon caused $400,000 in more legal fees……” N

    o just another $32,000.plus any additional billable hours.

    But what the hell it isn’t his money or Gassers.

    So no harm done.

    We the taxpayers just keep forking over the cash.

    Kirk, why is it that you expect everyone to follow the letter of the law but yet excuse Gasser?

    Yes, the “BS” Salt issue.

    You still have not answered that simple question.

    This could have been avoided had Gasser not been playing his game of political payback and just did his job. But no feathers for you.

    Just more blind loyalty to the big pink idiot.

  5. “Out of claims totaling $374,308, the Road District was ordered to pay $32,301, or only 8.6% of the money Local 150 demanded.”

    And you claim this as a win?

    So instead of getting totally beat up and pummeled, we just got beat up a little bit.

    Still took a beating.

    You know as well as I that lawyers always throw in extra like chum hoping to get a bite on something.

    Well they got their bite.

    Hooray for our side.

  6. Pokorny, “Fixate on points that support narrative?” you would have more credibility if you didnt ignore the fact that the Unionization took place on Millers last 60 days on the way out of office.

    Not the 20 years before.

    Have you lost your curiosity?

    No coincidence?

    No political payback?

    But Gasser is playing political payback?

    Really???

    Blind loyalty to Miller indeed.

  7. “Elect Stephen to Algonquin Township!

    He knows all, but dispute anything he says and be ready to be called names like some 5th grader would do on the schoolyard.

    Yep, the size of the things that upset a man tells you a lot.”

    Yep, I have a low tolerance for BS.

    I like this a lot, made my day. Makes me think I hit some nerves.

    Kirk you still won’t or can’t defend your positions with logical reasoning.

    Yep, you can tell a lot about a man that can’t and won’t defend his position.

  8. Out of towner, I agree had his wife not worked there ever, it would of made a difference politically, same with the Son-in-laws.

    I also agree the legislation coming out of Springfield has been negative at times, way to many times.

    Almost all the other gov agencies that do road work, public works have unionized already, it’s kind of amazing the three big townships weren’t already 10 years ago.

    Conversations about unionization didn’t just start with that primary lose, it just pushed it along because the new dude’s anti township political stand.

    Drain the swamp mentality down to the legally hired regular employees is over the top, and unionization was the tool to stop that.

    All the present legal fees and how poorly the whole union deal has been handled falls directly on Gasser and Hanlon.

    Walking in and firing dudes without cause in pro union IL, come on.

    Gasser should of put a complaint in with the state labor board first, then and only once the union was declared illegal, then do your political weeding.

    Suiting Miller after he was already out of office and no longer has access to the records, that makes sense?

    My original point was that the Dog’s and Cal are waltzing away from the truly important info from that legal document,t hey are what they whine about from the NWH, they are producing Fake News by their own definitions.

    It’s sad, there seems to be no reliable form of local media that isn’t filled with nonsense

  9. And I asked you previously to tell readers what was the “truly important info from the legal document” left out.

    Still waiting for you to share that with readers.

    If it is in the court order, that document is posted.

  10. The big problem here is that Gasser is going to have to go to arbitration, which means that he will have to reinstate the Miller Family members to the payroll, or offer them a buy out.

    It would be untenable for him to have to have them working at the Road District as they will sabotage everything he tries to do.

    He may have to resign and move to Alabama.

  11. Froggy-You obviously don’t read much of what I post.

    No loyalty to the Millers what so ever.

    The Millers were a sham.

    I understand why they signed that contract.

    To protect the sons in law’s jobs.

    I get it.

    The contract was signed and most likely binding.

    I voted for Gasser because of my distrust for the Millers.

    I have argued with nob for years about them.

    Gasser played this wrong by firing them the first day.

    This is what has been the opening salvo in a war that is only costing the taxpayers a lot of money.

    Kirk likes to talk about the wins but never about the cost or the collateral damage.

    I generally take an opposing view that what he tells us isn’t all rosy and right.

    Sorry if you don’t like it but I will continue to call him out on his logic and let people know there is always another side.

    I am not on the side of the township board, the Millers or the road commission.

    I am just trying to speak for the taxpayers of Algonquin Township.

    Who looks out for them certianly not the watchdogs as they claim.

  12. Known – they would be wise to take the money.

    It would be a hoot though to see them reinstated.

    As for sabotage that would actually give Gasser the right to fire them.

  13. Why exactly was Kelly billing the Township on this case?

    He isn’t representing anyone that has an interest in the outcome.

    Would you pay a lawyer to do nothing on a case you are not a party?

  14. Kirk you still won’t or can’t defend your positions with logical reasoning.

    Attack me all you want.

    I will call out your BS.

    Yep, you can tell a lot about the man that can’t and won’t defend his position.

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