Must All Algonquin Township Board Votes Now Be Unanimous?

From Illinois Leaks, reprinted with permission:

Algonquin Township Appointment of Temporary Deputy Supervisor Invalid –

BY JMKRAFT ON JUNE 19, 2019 • ( LEAVE A COMMENT )

Algonquin Township (ECWd) – Three members of the Algonquin Township Board held a meeting this evening, where one of the agenda items was to appoint a Temporary Deputy Supervisor since the elected supervisor’s health necessitates his temporary absence.

With the resignation of one Trustee, and temporary vacancy of the Supervisor, that leaves three members of this Township’s 5-member board to attend to meetings and vote on actions.

With a roll-call vote on the appointment of a temporary deputy supervisor, Trustee Lawrence voted “no” and Trustees Shae and Chapman voted “yes,” with Trustee Shae declaring the appointment passed on a 2-1 vote. 

He is wrong.

According to the Open Meetings Act, Section 1.02“for a 5-member body, 3 members of the body constitute a quorum and the affirmative vote of 3 members is necessary to adopt any motion, resolution, or ordinance, unless a greater number is otherwise required”

As it stands today, Algonquin Township must approve ALL motions, resolutions, or ordinances with a unanimous vote, unless and until either a Trustee is appointed, or the elected Supervisor Lutzow signs a sworn statement saying he is well enough to act as Supervisor again.

You would think, for the money they spend on Attorney James Kelly and his alleged vast experience in township laws, that he could at least advise them on how many votes it takes to pass a Motion or to make an Appointment as clearly explained in the Open Meetings Act.

You can view the meeting here.

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Comments

Must All Algonquin Township Board Votes Now Be Unanimous? — 13 Comments

  1. Ooh, that Township Attorney is so on top of things!

    If Kelly was there, I bet he sat there and said nothing.

    Just let them screw up so he could bill for the fight that’s sure to follow.

    Oh well it’s time to bill!

    Does anyone know if Kelly was there or not?

  2. Kelly has been milking the township for many years.

    The law never seems to be followed when he’s around.

    And why should it be?

    Algonquin Township under the Millers was a law unto itself, the ‘Chicago Way’ imported here by the Millers long ago.

    Smash the Miller dynasty, I say.

    The trustees are all Miller plants.

    Yes, even little Miss Lawrence.

  3. Cal, your reading of the statute may be open to interpretation.

    In the first paragraph of Section 1.02 “meeting” is defined as “…a majority of a quorum of the members…”.

    Normally, the quorum would be 3, a majority of 5.

    In this instance however, the quorum present was three.

    The majority then, would be two.

    Nowhere in the statute is a situation addressed where a lesser number of members (due to sickness, etc) would require the majority of a quorum to remain fixed.

  4. Chirikos is a Miller stooge who was forced out of a nap-time job.

    Anything he says is suspect.

    These crooks are already trying to stage an electoral return of the corrupt Millers.

    NO WAY, JOSE!

  5. Nick Chirikos:

    Obviously you missed the part of the statute that reads “for a 5-member body, 3 members of the body constitute a quorum and the affirmative vote of 3 members is necessary to adopt any motion, resolution, or ordinance, unless a greater number is otherwise required”

    Clearly it takes 3 affirmative votes of a 5-member board (all townships are 5-member boards) to approve any action taken by the board, even if only three are attending the meeting.

    There is no alternative interpretation available.

    The clear and plain language of the statute is precise.

  6. No case law to back up your claim, John?

    Then it’s not so clear and plain after all.

  7. https://www.nwherald.com/2019/06/20/algonquin-township-board-to-take-second-vote-on-supervisor-appointment/aqj3ann/

    “When contacted Thursday, however, an attorney with the Illinois Attorney General’s Public Access Counselor said that “[The Open Meetings Act] doesn’t tell you how many board members you have.”

    “It is up to the bylaws of the township on how votes should proceed after Trustee Melissa Victor resigned her post, leaving three voting members of the board.”

    There ya go, more for your hobby.

    You’re welcome. lol

  8. Whoever told him it’s up to the bylaws doesn’t know what they are talking about. I doubt the AG’s office said that part since it was not in quotes like the OMA quote is.

    Can’t believe “the nob” posts fake news…

  9. Why not, Cal and almost everyone else does also.

    Mr Rodger’s neighborhood.

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