From Illinois Leaks, reprinted with permission:
Want Free Golf? Become a Cary Park District Commissioner
BY JMKRAFT ON APRIL 18, 2019 • ( LEAVE A COMMENT )
CARY, IL. (ECWd) – We will start this article with a challenge to newly elected Cary Park District Commissioner Melissa Victor (and the remaining Commissioners):
Please work to eliminate these unlawful benefits (compensation) provided to Commissioners and their family members when the Park District Code, Section 4, provides the specific prohibition on receipt of compensation.
We asked the Park Director for comment on the below benefits, and here is his response:
“Mr. Kraft. Thank you for the email follow up on your FOIA request and prior to your publishing of an article that may include the Cary Park District.
I’m confirming that your email with feedback and review of Cary Park District policy 1-010a is received.
As a long standing best practice, the Cary Park District Board of Commissioners reviews its policies on a regular basis.
I will pass along your email comments/questions to both the Board of Commissioners and the attorney for the Park District as input and feedback for consideration upon the next review.” Dan Jones.
What do Cary Park District Commissioners and their family members receive while acting as Commissioners in their uncompensated capacity?
It is spelled out on pages 37, 38, and 40, of their Board Policy:
- FREE Golf and Cart Fee (see rate schedule here) (Season Pass for a couple is $2,999.00)
- Discounts on guests with “NO FEE” Mon thru Thursday
- Range Fee – NO FEE
- 50% DISCOUNT on clubhouse purchases
- Merchandise is retail LESS 25%
- Programs: NO FEE
- Season Pass – spouses and dependent 5-day pass, 50% OFF RESIDENT RATE
- DISCOUNT Room Usage and 10% off food
- FREE Fitness Center pass ($579.00 for a family)
- FREE Aquatics/Pool Membership ($89.00 for a family of three)
The Cary Park District attempts to disguise these perks as being used to “evaluate” park services, but never require a formal written evaluation.
We believe this is merely a tactic to continue receiving free golf, fitness, and aquatics for themselves and their family members on the backs of the taxpayers (and in violation of state law).
If the intent is for Commissioners to legitimately “evaluate” park services, then the commissioner can simply pay the going rate, provide a legitimate written evaluation, and be reimbursed by the district for their expense in evaluating the program or service.
The Park District Code, as we have written about numerous times in the past, prohibits these benefits:
(70 ILCS 1205/4-1) (from Ch. 105, par. 4-1)
Sec. 4-1. Each member of the governing board of any park district before entering upon the duties of his office shall take and subscribe an oath to well and faithfully discharge his duties, which oath shall be filed with the secretary of said board. The members of such governing board shall constitute the corporate authority for such district and a majority of such members shall constitute a quorum for said board at any meeting thereof. The members of such governing boards shall act as such without compensation, and each member of the board shall be a legal voter of and reside within such district.
(Source: Laws 1951, p. 113.)
We read this prohibition to mean, as the Illinois Supreme Court has stated numerous times, and most recently in Harlan v. Sweet, that the term “salary” is synonymous with “compensation” and includes all types of benefits received by the elected official no matter what name is placed on the benefit (read this paper).
Additionally, the Illinois Code of Civil Procedure states that:
“Compensation, benefits or remuneration” includes regular compensation, overtime compensation, vacation compensation, deferred compensation, sick pay, disability pay, sick leave, disability leave, medical, dental, optical or other health benefits, pension or retirement benefits or any other pay, compensation, benefits, or any other remuneration.
This is a problem across the State of Illinois with Park Districts in particular.
Someone has convinced them they can reap benefits for their service, without calling it what it is: compensation.
We urge the Cary Park District to immediately discontinue these improper benefits.
If they are genuinely interested in Commissioners “evaluating” their services and programs, then reimburse the commissioner for expenses incurred, but only after providing a detailed written evaluation.
Our work is funded entirely thru donations and we
ask that you consider donating at the below link.
Ever notice how a Public Sector bureaucrat uses a Private Sector term like “best practice”, to give credibility to their drivel?
Fifty cent buzzwords, when ten cent words like “your being scammed” will do.
Reminds me of a song::
Cause the players gonna play, play, play, play, play
And the haters gonna hate, hate, hate, hate, hate, baby
I’m just gonna shake, shake, shake, shake, shake
Shake it off, I shake it off
She had better publicly and quickly squash these freebies immediately or she and the other trustees will have the Watchdogs on their asses and guess what?
It will include legal fees.
Do the right thing Melissa Victor!
Victor just left one very bad “Organization” (Algonuin Township Trustee) for another?
who knew the Cary Park District was so filled with this kind of special favor…
Phil Stanko, you’ve been on the Board for years, you come across as an all Nature loving do gooder Liberal, and yet allow this to occurr?
Even if you dont golf man, say it aint so…
Victor, you’re the newest Board member—
propose a change at once or watch your (rumored to be) future aspirations of Cary Mayor go up in smoke.
No special Perks just because someone gets elected—
a one time free pass for evaluation purposes should suffice–
no family, friends, etc nonsense.
Victor’s resignation to become a Cary Park District Commissioner makes perfect sense now that the freebies at Algonquin Township have dried up.
Dirty Bird Melissa Victor!
Board members don’t need free or discounted products and services to evaluate the park district.
There are many alternatives.
For example, prominently display:
– eval forms or a table or workstation with an eval form on it,
– the district’s Facebook page, email address, and phone number.
for those that want to complain or post a compliment.
The board members are free to roam the grounds, observe, and talk to staff and users to evaluate the district’s products and services
And of course the board members can pay full price to evaluate the product or service, in which case they may be more critical and attentive since it’s more money out of their wallet.
+++++++++
The board should modify the board policy to be more specific and eliminate the freebies and discounts.
Include something along the lines that Cary Park District board members and their family do not receive free or discounted products or services from the Cary Park District.
Such free or discounted products or services include include but not limited to:
– Free or discounted golf or carts
– Free or discounted range fee
– Free or discounted clubhouse purchases
– Free or discounted merchandise
– Free or discounted programs
– Free or discounted season passes of any type
– Free or discounted room usage.
– Free or discounted food.
– Free or discounted fitness center.
– Free or discounted aquatics.
+++++++++++++++
The free and discounted products and services are counter productive to the taxpayers because if a board member pays full price, they are more cost conscious and are more apt to work harder to lower the price for everyone.
+++++++
Some retired park district employees (not Cary specifically) and the Illinois Association of Park Districts (IAPD) retired Director receive some of the highest IMRF pensions.
One Illinois Pension Scam reform was HB 4259 signed into law as PA 99-0830 that prohibits all IAPD (an association not a unit of government) employees from enrolling in IMRF.
Those already enrolled, stay.
A previous law allowed some IAPD employees to enroll in IMRF.
The IAPD includes a lobbying arm that lobbies the ILGA.
The current members of the Cary Park District Board of Commissioners are Keith Frangiamore, Erin Hauck, Josh Howell, Michael Renner, and Philip Stanko.
Josh Howell did not seek re-election and his seat will go to Melissa Victor when she takes her oath of office.
Why do we have Park Districts?
All Park Districts should be a line item on a municipal budget, not a separate agency.
McSweeney concentrates on Townships and Counties (primarily to screw them up), how about Reick, Weber and Ugaste concentrate on Park Districts to have them become municipal responsibility only?
Phil Stanko, shame on you.
You’re supposedly a good Christian and you’re at church every weekend? D
o you not listen to the sermons?
If this is how you operate, I’m glad you’re not on the Governing Board!
Park Districts are like townships, a gravy train and pensions galore for very little work.
“It’s for the kids.” they cry, but it’s for themselves.
The Cary Park District was organized in 1971 and serves the villages of Cary, Oakwood Hills, and Trout Valley, and some unincorporated areas in McHenry County.
The Park District could be reorganized into the village of Cary and cover the villages of Oakwood Hills, Trout Valley, and the County through an intergovernmental agreement.
An analysis would be required to determine potential savings that might result from such a reorganization.
A few of the many items to consider when evaluating such a reorganization:
– How to equitably allocate responsibility of the Park District’s bond debt.
– Comparison of salaries and benefits between the village and park district employees.
Such an analysis would also include the taxpayer approval process for such a reorganization.
+++++++
Cary Park District employees are not covered by a union labor agreement (collective bargaining agreement aka cba).
The Village of Cary however has an union labor agreement with the Service Employees International Union Local 73 (SEIU Local 73) that covers the following Public Works positions:
– Chief Utility Operator
– Engineering Technician
– Maintenance and Utility Worker I
– Maintenance and Utility Worker II
– Mechanic.
Thus it is likely a reorganization would result in some former Park District employees falling under the village’s cba with SEIU Local 73.
OK, as we always say, read the statute governing the local government you are discussing.
It will prevent most of what is being discussed above.
There is no “merging” or “reorganizing” of a park district, it can only be “dissolved” as outlined in Section 13 of the Park District Code.
In the case of the Cary Park District, it is not wholly within the corporate limits of a municipality, and therefore would have to sell everything and/or give all the proceeds/property to the local school districts within the Park District boundaries.
http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=007012050HArt%2E+13&ActID=892&ChapterID=15&SeqStart=21400000&SeqEnd=-1
Should have known better.
Illinois has different reorganizing / dissolution / etc. rules for different types of property taxing districts.
Even if there was a way to fold a park district into a municipality, this scenario would be very difficult since the park district overlaps with multiple municipalities and the county.