While it was not explained what legal action is included in case 17CH435, the Algonquin Township Board voted to hand off its defense to Rockford Attorney John Nelson.

Nelson was Grafton Township Supervisor Linda Moore’s attorney as she successfully fought off the attempt by Township Trustees to usurp her statutory duties.

Nelson will be paid $250 per hour and is expected to “attempt to reach a broad settlement,” according to Trustee Dave Chapman…””putting an end to litigation in this case,” added Trustee Rachael Lawrence.

Dan Shea, the senior Trustee chairing the three-person meeting, said with the appointment the Board was “trying to stem these tremendous legal expenses.”

The second order of business was the appointment of a Deputy Supervisor.

The expectation, driving by a story in Northwest Herald, was that Township Assessor Richard Alexander would fulfill ministerial duties in addition to his own.

Then, Illinois Leaks published an article pointing out that state law prohibited those already employed by a township to assume that post.

Township Attorney Jim Kelly explained there was “a temporary vacancy” and the question was whether “to start the clock running without
knowing who we’re going to appoint.”

Shea interjected that he had heard that hospitalized Supervicor Chuck Lutzow “could still sign checks.”

Lawrence moved to postpone the decision.

Shea said what was needed was a breakdown of the various options and ramifications.”

Lawrence agreed, adding she didn’t “think there should be a rush to judgment.”d

“I think someone needs to find out what his condition is,” Kelly interjected.

Chapman said he would call Lutzow’s wife and ask for something in writing.

Discussion will continue at next Wednesday’s meeting,

Moving onto to the lost property tax protest suits, Lawrence moved to “approve ad ratify the settlements” in the cases in which there were allegations of excessive accumulations of funds,” whichwere “discussed in closed session.”

“In Executive Session, all independently had all directed and advised our attorney to work toward a specific outcome.

“And, now we are approving it [in public].”

Chapman asked what had been done to prevent a recurrence.

Kelly pointed to a new law which gives townships permission to accumulate up to two and one-half times annual expenditures, plus money for designated capital projects.

In one unidentified fund, there seems to be an accumulation greater than that allowed by the new law.

Kelly suggested “levy what you need, but apply for an abatement.”

Kelly said that the tax protests were new for McHenry County in thelast five years.

[I remember during the late 1960’s when I was County Treasurer ten percent of the bills and ten percent of taxes were paid under protest.]

Chapman said he thought it was “a fair settlement.”

The subject of appointing a new Freedom of Information Officer then arose.

“I’m not sure we have one,” Shea said.

Kelly added that one would be needed “in the next week.”