Should Township Pay Road District for Things Former Road Commissioner Bob Miller Apparently Incorrectly Took from the Road District?

From Illinois Leaks, republished with permission:

Algonquin Township – Trustee Lawrence wants the township taxpayers to pay, rather than Bob Miller

BY KIRK ALLEN ON JUNE 23, 2019 • ( 1 COMMENT )

McHenry Co. (ECWd) –

***Updated to fix broken link to 4th Amended Complaint.

Rachael Lawrence

Just when you think you have seen it all, a new rabbit is pulled from that hat and this one is a doozy.

Trustee Lawrence made a motion at Saturday’s special meeting to permit the new attorney to negotiate a settlement in the Bob Miller civil case against the Road District, not to exceed $65,000.

In case some people missed it, the Township is not a defendant in this case. 

A recent motion by Kelly to intervene in the case was done as a mechanism to try to use Township funds to settle the claims against Bob Miller. 

They believe since they are paying the optional legal bills for Miller, that would give them standing to intervene and have taxpayers pay the bill rather than Bob Miller.

Let this sink in. 

Bob Miller

Miller is being sued by the Algonquin Township Road District, a separate public body from the Township, for FOR BREACH OF FIDUCIARY DUTY, CONVERSION, CONSTRUCTIVE FRAUD, AND AN ACCOUNTING as outlined in the 4th amended complaint and rather than having the Miller’s have to possibly pay back the Road District, the Township wants to use taxpayer funds to make it all go away.

It would do people well to read that complaint to better understand what is happening in this case. 

The McHenry County State’s Attorney made it clear that his refusal to prosecute Bob Miller and others was in part because there were civil remedies for recovery of the inappropriate spending. 

Jim Kelly

That is exactly what is happening, but rather than allowing the process to move through the courts and making those responsible foot the bill, the current Township Trustees have permitted James Kelly to intervene in the case in an attempt to create a mechanism for the Township to pay rather than the Millers.

We do not believe the Township has standing considering they were not a party to this case, nor are they obligated to pay Miller’s legal bills. 

We also believe it was inappropriate for Kelly to intervene on behalf of the Township considering Kelly was the legal counsel for Miller both during his time with the Road District and in his capacity as President of one of his private associations. 

Couple that with the fact the board has not voted on authorizing such action by Kelly, it would seem his actions could be invalidated fairly easily.  

Kelly has a record of doing things without board approval as this is not much different than recent action taken by Kelly without board authority to settle two tax objection cases for more than the initial settlement offer. 

Only after exposing that fact did the board take action to “ratify” the improper action of Kelly.

While the trustees attempt to make the taxpayers pay for Miller’s actions, we pray the Road District refuses to participate in what is sure to be yet another legal mess created by this board. 

If township funds are used to pay for a civil action brought by another public body against the Millers, there very well could be lawsuits by taxpayers to recover those Township funds.

The people of Algonquin Township did not pay their taxes to settle civil cases of another public body.  

We do not believe there is any legal authority to allow this type of action and have been told by multiple attorneys such an action is not legal, but then again, this is Algonquin Township.

Our prediction:

  • The Road District will not participate in an activity that allows the very person being sued to simply walk away by making the taxpayers foot the bill on his behalf.
  • The Miller’s will face discovery and depositions and the truth will finally come out.
  • The Miller’s will lose this civil action and be required to pay the Road District a whole lot more than $65,000.00

We understand there is a hearing scheduled for this case in July.  We will update accordingly.


Comments

Should Township Pay Road District for Things Former Road Commissioner Bob Miller Apparently Incorrectly Took from the Road District? — 16 Comments

  1. The bigger question is why does Gasser want the tax payers to pay hunderds of thousands in hope of getting a judgment for tens of thousa ds?

    Its known he hates Miller but how does this suit benefit anybody even if he wins everything he wants?

    Just him.

    Taxes paying for a grudge is what it looks like.

  2. Christopher, this case is about far more than tens of thousands.

    It’s actually in the 6 figures that Miller could be forced to pay.

  3. Ok. But its sounds like one big gamble.

    Even if the judges say Miller should pay 6figures doesn’t it wipe itself out if they are all paying that much just in order to get that far?

    I wouldn’t spend 5k to sue some one for 500 bucks even if it was a sure thing.

  4. @Christopher, clearly you have a grudge against gasser.

    That’s your beef, you are smart enough to know that civil suits are intended to fill the gap where there is lack of action from the likes of our states attorney either due to lack of political will, incompetence etc….

    this suit will ultimately save the taxpayers when the politically connected pay for their abuse of power which is what is essentially being charged here.

    Miller went from head of townships association, even running a for profit company out of a public office to potentially being on the hook for 100’s of thousands.

    This will straighten up some folks, won’t solve it but the boss hog types will be on notice.

    Gasser campaigned on cleaning up this mess and the swamp and it’s supporters (board, McHenry attorneys (states and private) you?) who have been suckling off the taxpayers for generations are fighting and obstructing the best they can.

    Sunlight is the ultimate antiseptic, the settlement fiasco, charade proves gasser is right to pursue.

    God speed gasser!

  5. Township is not required to pay millers legal bill.

    They chose to pay it so they are the ones driving up the cost.

    I believe that this case was done pro bono for Gasser but not 100% sure of that.

  6. No grudge.

    I was thinking about ROI.

    Return on investment.

    Ill just not ask questions because people just attack.

  7. If the township would mind their own business and stay out of it the result is a possible big win for the road district.

    If the lose, Miller got away with all he did.

  8. Christopher. . . Froggy hit the nail on the head.

    Criminal Justice is not intended to be a for profit endeavor, it’s to right a wrong and punish the offenders regardless of the cost of prosecution.

    Right OR wrong, the state’s attorney chose not to prosecute.

    Burden of proof in Gasser’s suit is much less than in a criminal case so if there’s a way to hold Miller accountable, this is it.

    In the meantime, what Algonquin Twp appears to be doing in this instance with the settlement, etc. is simply unbelievable.

    Remember the line from Judy Collins’ song, “Send in the Clowns”?

    I’ll remind you: “Don’t bother, they’re here!”

  9. Leave it to our conservative tax fighters on this blog to advocate spending 100’s of thousands on a lawsuit with the slight chance for a win against the Miller’s.

    It’s all about ego now.

    Republicans are doomed.

  10. Re: ” what Algonquin Twp appears to be doing in this instance with the settlement, etc. is simply unbelievable. ”

    Not unbelievable. It reflects what happens when voters vote they way they do and we have a lack of ‘good’ candidates for office.

    The voters kept the Millers in office for years and until Andy came along, no had the cajones to attempt to eliminate their little fiefdom.

    We lack ‘good’ candidates for office because of people such as Jack Franks who appears to work with the local NWH and local 150 (or whoever owns the blow up rats) to intimidate GOOD elected officials.

    You think the attacks on Tirio are not being orchestrated by Franks?

    Instead of a ‘good’ County Board member such as Rein, we now have Acosta.

  11. Froggy the taxpayer: “even running a for profit company out of a public office”

    What company is that?

  12. @Christopher, my apologies if my response
    Felt as an attack.

    It was not personal though I could understand if you felt it was.

    To me the purpose of this suit is clear and the cost will be high but this falls on the shenanigans and lack of testicular fortitude of the people’s attorneys.

    Gasser is right to pursue.

    I constantly see Miller supporters using this angle, much like blaming a harassment victim for wearing a tight outfit.

    Justice pursued is the right thing and it’s the political class costing us.

    Not Gasser who had the testicular fortitude to take this on.

    @Nob. The McHenry Township Advisor Association had funds dispersed that I have yet to see explained.

    This was run by miller out of township offices.

    Kirk Allen exposed this and.

    Have found no resolution so I consider it for profit, until the dispersed monies are explained

  13. Apparently joking right
    Lake Jullian Dorothy Robert Dave Anna 🇨🇦
    Check there storage sheds
    And The Kreklows basement

  14. Froggy the taxpayer: Just to clear your point:

    McHenry County Highway Commissioners Association is the correct name.

    That org is not for profit legal organization that actually saves tax dollars by townships working together.

    Stop believing without checking everything the Dog’s say as being truthful facts.

    They play political games just like everyone else.

  15. Wrong again, the nob, the name of it is McHenry County Township Highway Commissioners Association.

    Stop believing without checking everything your gooch says as being truthful facts.

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