Take a look at Algonquin Township Road District Attorney Robert Hanlon’s replies to tax protest attorney Tim Dwyer’s suit.
Pay particular attention to the answer to question 23.
Answer to Exhibit A (summary of Tax Rate Objections Directed to Road District)
COUNT I – ALGONQUIN TOWNSHIP ROAD DISTRICT FAILURE TO ADOPT A VALID TAX LEVY
- The Algonquin Township Road District is a municipal entity formed under the Illinois Highway Code, as well as the Illinois Township Code.
Answer: Admit. - As an entity with the power to levy and collect ad volerem taxes, Algonquin Township Road District is subject to the Illinois Revenue Code, the Illinois Highway Code, the Illinois Township Code, the Property Tax Limitation and Extension Act (PTELL), as well as the
common law which has evolved under the aforesaid statutes. Answer: Admit. - Not being home-rule, both Algonquin Township and the Algonquin Road District are subject to Dillon’s Rule, which provides that the municipal entities can only do that which is authorized by statute.
Answer: Admit Algonquin Township adopted Robert’s Rules and operated within the construct of said rules during each of its meetings both before and after the dates set forth in this Complaint, but deny that Algonquin Township Road District has ever adopted said rules. Moreover, Algonquin Township Road District did not vote at the Township meetings referenced in the Complaint. - With respect to taxation, a municipal entity must follow the established statutes precisely, and the legislative grant of authority to tax is to be strictly construed against a taxing district.
Answer: Admit. - While the Algonquin Township Road District proposes a levy, it is the Township that votes on said levy.
Answer: Admit. - In November of 2018, the Township Road District promulgated a levy and submitted the same to the Township.
Answer: Admit. - The Township considered the Road District levy at its regularly scheduled meeting on December 12, 2018 and voted against the levy by a 2-1 vote.
Answer: Admit. - The Township denied the levy ordinance proposed and submitted by the Road District on December 12, 2018.
Answer: Admit. - The Algonquin Township Board has adopted Robert’s Rules of Order with respect to its parliamentary proceedings.
Answer: Admit. - With regard to a motion, ordinance or resolution which has been voted on and denied, in order to consider the matter again, a member of the Board voting in the majority must seek to reconsider the denial, according to Robert’s Rules of Order. Answer: Admit.
- Moreover, apart from its regularly scheduled meetings, a township board can only hold special meetings with two weeks’ notice. 60 ILCS 1-35-5.
Answer: Admit. - 60 ILCS 1-35-5 provides:
Special township meetings shall be held when the township board (or
at least 15 voters of the township) file in the office of the township
clerk a written statement that a special meeting is necessary for the
interests of the township. The statement also shall set forth the
objects of the meeting, which must be relevant to powers granted to
electors under this Code. The special township meeting shall be held
no less than 14 nor more than 45 days after the written request is
filed in the office of the township clerk. Special township meeting
may not begin before 6 p.m. Answer: Admit. - After the December 12, 2018 denial of the Township Road District levy, the Township published notice, on December 20,2018, of a special meeting purportedly to be held on December 22, 2018.
Answer: Admit. - This notice did not, and does not, conform to the aforesaid provision of the Illinois Township Code.
Answer: Admit. - At the December 22, 2018 meeting, the Township purported to adopt and otherwise approve the Township Road District levy.
Answer: Admit. - As a matter of law, the Township failed to approve the Road District levy at both December meetings.
Answer: Admit. - As an initial matter, the December 22, 2018 meeting was invalid under the Illinois Township Code.
Answer: Admit. - In addition, the Road District levy had been voted down on December 12, 2018, by the Township at a validly held regular meeting.
Answer: Admit. - In the event the Township wanted to reconsider its denial, and then move to adopt the levy submitted by the Township Road District, it needed to do so in conformance with Robert’s Rule of Order.
Answer: Admit. - At all times, the Township Road District levy ordinance was exactly the same. That is, the proposed ordinance that was denied on December 12, 2018 was exactly the same on Answer: Admit.
- The only thing that changed was the Board of Trustees’ vote on behalf of the Township Board.
Answer: Admit. - Here, the Board failed to conform with the law as it pertains to meeting notice, and parliamentary voting procedures.
Answer: Admit. - For these reasons, the entire Road District levy ordinance remains invalid as a matter of law, and those taxpayers listed on Exhibit B should be rebated the taxes paid to the Algonquin Township Road District.
Answer: Admit. - It remains a precept in Illinois law that a taxing body seeking to levy taxes can only act in accordance with the laws and procedures established by the Illinois General Assembly.
Answer: Admit. - As such, the illegal rate of .141705 should be rebated to those taxpayers listed within Exhibit B hereto.
Answer: Admit.
WHEREFORE, Intervenor, Algonquin Township Road District, respectfully prays that this Court adjudicate the claims made herein and overrule Plaintiffs’ tax rate objection and deny the relief sought in Count I of the Complaint.
Isn’t the lawyers last name Dwier?(s)
If Gasser/Hanlon think the levy is illegal, why is Gasser spending the tax $$$$s?
Why didn’t the dynamic duo call for a special meeting to clear up the legality?
So they just did nothing, just let it happen?
“The NOB” is a dirty rotten Millerite!
Maybe Bob ‘the Slob’ MILLER HIMSELF.
You are correct about my missing the attorney’s name.
The money in question has not yet been collected.
Levy was for April 2019 – March 2020 wasn’t it?
Nob, show us your brilliance.
When the spending takes place every month, which year of tax revenues are being spent?
If all the tax revenue goes into one bank account each year, how do you know which years taxes are being spent?
The tax $$$$$s are awarded twice a year after collection by the county, and reserves can only be so much legally.
Gasser was elected to run the dept, even with the board problems, he should of acted to correct the levy problem instead of doing nothing.
Your Waltzing is good as always Kirk, but watchdogs are suppose to protect taxpayers, not make excuses for Highway Commissioner who appears to be lazy and are trying to bankrupt the road dist.
Nob you just cant face the fact your words are meaningless. Please point out where we made any excuse on this matter.
You made an allegation.
Please provide the answers to the question.
If you cant, then your just running your mouth.
I did not ask who often the tax distribution is.
I know the limits of what can be kept, do you?
2.5 times the three year average of expense.
We helped get that law passed after we exposed Shelbyville Township keeping THOUSANDS times the expense.
Your comments make it sound like every penny is separated and identifiable.
He may have spent some of those tax funds and he may not have depending on the total of the funds on hand.
You don’t know but you imply he did something wrong.
The tax levy adoption was apparently screwed up by the Township board, not Gasser yet you want to blame him anyway?
Impressive waltz again.
You should get on Dancing with the Stars.