With Township Supervisor Linda Moore in Texas for her daughter’s college graduation and Rob LaPorta also absent, the meeting was relatively short and peaceful.

No one raised his voice or went off on a rant. Trustee Gerry McMahon even sat facing the audience.

Unlike the outgoing McHenry County College Board, the old Township Board, chaired Thursday by Barbara Murphy, spent much of the meeting deferring to their successors, referring several times to newly-elected Independent Supervisor Jim Kearns, who was sitting in the back row.

The Road District’s budget, for example, was not passed, even though that was the wish of outgoing Road Commissioner Jack Freund.

“The new Board comes in on the 20th,” Trustee Betty Zirk, the only member of the Board to seek and win re-election.

When it came time for to consider the bills, Zirk had a list of those to exclude. They included

• $2,644.68 charged to a BMO Harris credit card (postage, telephone, equipment maintenance, travel expenses, etc.)
• $864.20 for J.A. Jetchmark, Ltd.
• $475 for McHenry County Council of Governments dues
• $295.60 for printing to Total Point of Video, Inc.
• $24,162.50 billed for legal fees by Moore attorney John Nelson
• $39,007.89 billed for legal services from March, 2012, through March, 2013, by Moore attorney Ottosen Britz Kelly Cooper Gilbert & DiNilf

The Trustees’ law firm, Ancel Glink, however, was paid $5,747.48.

“In order to meet the payroll next week, I don’t think we can pay any bills,” Zirk said.

Zirk also mentioned that Township Road Commissioner was owed $7,161.20 to cover health insurance for his wife.

“He could get it cheaper by getting it through his wife’s than through the Township,” she explained.

The motion approving the bills noted that they would be paid when money was available.

As outgoing Township Assessor Bill Ottley was leaving after the bills were approved, he was thanked for his service for the last four years. The sparse audience applauded.

Ottley reminded them that he would be around through December, when his term expires.

“And you, too, Jack,” one of the Trustees added.

Zirk then talked about how audit expenses should be allocated. She suggested Public Assistance pay 5% and the Road District 35%.

Freund objected to the number she suggested, saying, “I’ll pay 25% like I’ve always been paying.”

Trustee Gerry McMahon suggest a compromised of 28%. Freund did not agree.

After some discussion, Zirk suggested asking the auditor how much time he spent on the Road District budget and the matter was deferred.

As the meeting was drawing to a close, Murphy said,

“There’s a part of me that is worry for the way things ended up. I regret that.”

A letter from the forensic auditor was read in which he detailed Moore’s refusal to sign the engagement letter and a payment until ordered by Judge

He also said he was unable to obtain original copies of the warrant lists.

Township Clerk Harriot Ford pointed out the documents were on the web site.

“I look forward to things moving on a real positive way,” she said shortly before the meeting adjourned.

Also in the audience was newly-elected Township Assessor Al Zielinski.

A press release from Linda Moore:

Grafton Township Clerk Harriet Ford Fails to Include Supervisor’s Agenda Item to Propose Tax Cutting Resolution

At the December meeting of the Grafton Township Board, Supervisor Linda Moore proposed keeping taxes constant, but Trustees LaPorta, Murphy and Zirk voted in the maximum taxes without a public hearing.

In order for a local government to collect about the same as last year, its levy must be pretty close to the amount collected last year. That figure is called the “extension.”

Because there is some growth, a tax district could actually raise its levy a (the county assessor says about one-quarter of one percent for the county as a whole) tiny bit without raising bills on last year’s taxpayers.

Last year the extension for the combination of the Grafton Town Fund and the General Assistance Fund was $1,070,637.

The levy passed in December for this coming year was $1,102,142.00.

So, unless something is done quickly, Grafton Township taxpayers will have to come up with an extra $31,505 more.

Now, the Grafton Township Board of Trustees has been denied a second chance as a result of the Clerk Harriet Ford.

Supervisor Linda Moore requested the following item on Thursday’s agenda posted by the Clerk:

Resolution to authorize the Supervisor to amend the Levy to last year’s extension.

As I understand the process, there is a short window of opportunity after the County Clerk’s Office decides what the tax rate will be and how much taxes will be extracted from taxpayers’ pockets.

In that perhaps less than a week’s time frame, a district may make a last minute change.

For these reasons, Supervisor Linda Moore has posted a separate agenda. This agenda will give Trustees Zirk, LaPorta, McMahon and Murphy another opportunity to adopt last year’s taxes to match the amount received last year.

If a resolution authorizes the Township Supervisor Moore to lower the levy to last year’s extension (pretty much the amount collected), Grafton Township taxpayers could actually have seen a small tax cut because the amount to be collected would be shared by not only the taxpayers of last year, but the new taxpayers of this year.

The meeting will start at 7:30 pm at the Huntley Park District.

It is my understanding every tax district could make such last minute changes.

= = = = =

The story about what Dianne Klemm is doing can be found here.

In a completely scripted performance lasting just ten minutes,

•  petition challenger Wrayburn Krohn’s attorney, Judith Svensen, withdrew her client’s objection,
• the Grafton Township Electoral Board accepted the withdrawal and
• ruled unanimously that Pam J. “Pam” Fender would appear on the Republican primary ballot on February 26, 2013

The objection had been based primarily on Fender’s have put two names in the box where the candidate’s name appeared, plus having noted the election was on Feb. 26, 2012, rather than 2013.

Electoral Board Chairwoman Barbara Murphy got over the first problem by announcing Fender’s name would read, Pamela J ‘Pam’ Fender.”

The incorrect date was ignored since the objection was withdrawn.

Fender sat next to her attorney Jim Kelly, whom she announced soon after declaring her candidacy would be running on her “peace” slate for township trustee.  Kelly did not file for that office.

Besides Murphy, the other members of the Electoral Board were Clerk Harriet Ford and Trustee Betty Zirk.  Both Murphy and Zirk voted to install Fender as Township Administrator without advertising the opening.

Watching the proceedings were primary opponents Martin Waitzman and Linda Moore.

Attorney for the Electoral Board was Adam Lasker of Ancel Glink.

A letter sent by Attorney Robert Hanlon to the Grafton Township Trustees:

August 2, 2012
Grafton Township Offices
Messrs. LaPorta, McMahon, Moore, Murphy, Zirk,
Unit B
10109 Vine Street
Huntley, IL 60142

Via Personal Delivery at Grafton Township Offices

Re: Termination of Prior Offer of Free Mediation

Last month I made an offer to attempt to mediate the issues between the Grafton Township Trustees and the Grafton Township Supervisor.

The offer was made as a result of what I believe to be a complete waste of judicial and taxpayer resourses arising from the disputes in Grafton Township government by individuals with no direct pecuniary stake in the litigation.

When I extended my offer, I truly believed there was legitimate interest on all parties to pursue the avenue of mediation.

Initially, based on what I had heard about these disputes I was concerned about a lack of good faith by the respective parties.

Because of that I had asked Mrs. Moore for a simple concession demonstrating her good faith.

That concession was granted.

I came to the Grafton Township offices[Thursday night] with two letters, one congratulating you all for your willingness to mediate. Of course the other letter is before you.

The personal animus which I perceive still exists and is eroding the very concept of governance by consent in Grafton Township.

As of right now, Mrs. Moore and Mr. Ottley via their counsel are the only ones to have accepted my offer of mediation.

I had been in contact with some of the trustees and in particular Mr. McMahon, Mrs. Zirk and Mrs. Murphy.

Both Mrs. Zirk and Mrs. Murphy expressed an interest in the mediation process.

Approximately two weeks ago I provided dates to Mrs. Zirk so that in the event the trustees were interested in mediation a special meeting could be called.

The dates I provided her were 7/30 and 7/31.

The Trustees did not call a special meeting.

I understand from Mrs. Zirk that she was under the impression that Mrs. Moore was going to schedule a special meeting of the Grafton Township Board.

I also understand that the trustees were not willing to make a decision on my offer to mediate in the absence of their counsel.

Nevertheless, at this time I have no acceptance from the trustees and I doubt very much given Mr. LaPorta’s statement to the press and Mr. McMahon’s statements expressing concerns about success in mediation that such an approval will be forthcoming.

As such, my offer to mediate for free between the Trustees and the Supervisor is now withdrawn.

The offer of mediation accepted by Mrs. Moore and Mr. Ottley will proceed unless terminated for other reasons.

Hopefully that process between Mrs. Moore and Mr. Ottley will result in a positive result for the parties and the people who are paying for the ongoing litigation.

Respectfully,

ROBERT T. HANLON

Here’s what the Grafton Township Trustee’s law firm Ancel Glink had to say about the Thursday night meeting about mediating legal disputes:

Statement From Trustees through their Attorney.

<Requested to be Read Into the Minutes and to the Public by The Grafton Township Clerk>

August 2, 2012 1: 55PM

It is with disappointment that the Grafton Trustees are not be able to attend this evening’s special meeting as called by Supervisor Moore for the purpose of exploring a mediation solution.

While the Trustees are open-minded to engaging in mediation, neither they nor their attorneys were contacted about their availability for a meeting tonight by Ms. Moore, and this meeting was noticed without consideration of their unavailability.

Our attorney attempted to schedule a conference call with the mediator and John Nelson yesterday to select a date when all parties could participate, which is the usual process for scheduling a mediation session, but Mr. Nelson never returned her phone call.

She attempted to contact Mr. Nelson and themediator again today to establish a mutual date for mediation, but Mr. Nelson never returned her call and the mediator was unavailable.

However, she did notify both of their offices that she and the trustees were not available for tonight’s meeting.

We will continue to try to select a elate when all parties are available for mediation and will be happy to participate at that time.

Woodstock attorney Robert T. Hanlon was in courthouse this past Wednesday to offer his services pro bono to mediate differences between the Township Trustees and the Supervisor.

There were court appearances in

• the Separation of Powers case that Supervisor Moore brought against the Trustees when they tried to usurp her office’s Executive powers (which the Trustees are appealing),
• the case brought by Highway Commissioner Jack Freund to get Moore to pay bills including one for his wife’s health insurance and
• the suit by Assessor Bill Ottley against Moore for her refusal to pay re-modeling bills.

That’s what the story written by the First Electric Newspaper’s Pete Gonigam said.

Apparently Moore has agreed to try that approach, but when I asked the apparent leader of the Trustees, Rob LaPorta, if it were true that mediation had been agreed to by the Trustees, I received the following email:

“This is not true.

“Neither Moore nor Trustees have agreed.

“This event will not occur.”

When I sent LaPorta’s response to Hanlon for his reaction, he sent me the following reply:

“After making the offer to mediate, the Township Trustees’ attorney indicated verbally that she would recommend it to the trustees.

“Additionally, Mrs. Zirk and Mrs. Murphy appeared willing to embrace mediation.

“Attorney Nelson, who represents Mrs. Moore agreed to the mediation.

“To test Mrs. Moore’s good faith, I asked for a small concession on Mrs. Moore’s part.

“That concession was granted. (The subject of the concession is not for public comment.)

“It is my belief that Grafton Township is in a complete and total state of dysfunction as a result of personal animus arising from prior events.

“As indicated in the E-mail below [above here], it appears that the trustees are not willing to mediate.

“Unless and until the trustees agree to a good faith mediation, there is nothing I can or will do.

“If a special meeting of the Township board is called to address the mediation process, I will attend and then and there present to the trustees and supervisor a proposal outlining the mediation process.

“If approved and later I determine that a particular party is not acting in good faith I will immediately end the mediation.

“My time is too valuable to play games.

A press release from Grafton Supervisor Linda Moore:

GRAFTON TOWNSHIP TRUSTEES ADDICTED TO LEGAL FEES

Supervisor Linda Moore said today that the Grafton Township Trustees,

• Rob LaPorta
• Betty Zirk
• Barbara Murphy
• Gerald McMahon

appear to be addicted to spending taxpayer monies for legal fees.

Supervisor Moore clarified there is only one lawsuit pending between her and the trustees.

That lawsuit started when Moore was unlawfully evicted from her township office while the township board tried to usurp her duties by the unlawful appointment of a town administrator, Pam Fender.

Those problems were aggravated by the failure of Attorney Keri Lynn Krafthefer to leave when Supervisor Moore fired her.

Judge Michael Caldwell ruled in Moore’s favor on all of those issues.

The total cost of the litigation to date is $400,426.00.

Of that amount, $347,194.28 was paid to the trustees’ attorneys and $53,231.72 was paid to Supervisor Moore’s attorney.

“Why are they appealing every order Judge Caldwell entered against them?” Supervisor Moore asked.

The attorneys’ fees on appeal will be astronomical.

Moore clarified that her current petition and motion are filed in the existing lawsuit and are directed at further attempts by the trustees to do her job.

“Keep in mind,” Moore said, “…the trustees have filed these same kinds of motions against me in the case already.

“The fees in these straight forward requests will be much more reasonable than the trustee’s appeal,” Moore added.

“I am raising issues that the cancelling of a township credit card has no basis other than harassment,” Moore opined.

“You only need to watch one of our meetings online to get a flavor of the abuse I receive at the hands of the trustees.

“Why else do they refuse to pay for the Huntley Police to be there?” Moore asked.

“They say I am too tough and unbending,“ Moore said.

“My answer is that I stopped the waste of taxpayer’s monies of $5 million plus, for an unnecessary new town hall.

“If I was not this tough, Trustee Gerry McMahon’s screaming and the board’s monkey shines would have driven me from office long ago.

“I am not going anywhere.”

There were two cases involving Grafton Township Supervisor Linda Moore in Woodstock this morning.

Not much happened in either except setting new court appearance dates.

In one, Moore was seeking sanctions (a contempt of court ruling) against the four Trustees who lost their attempt to usurp the power of the Chief Executive Officer in a lengthy trial before Judge Michael Caldwell.  (See articles about the decision:  Part 1 & Part 2.)

John Nelson continues to represent Moore, while Ancel Glink’s Thomas DiCianni continues to represent Trustees Betty Zirk, Rob LaPorta, Barbara Murphy and Gerry McMahon.

Actions after that decision by the four from the Township’s legislative branch to limit Moore’s executive power led to attempt to gain punishment from the Court.

In Judge Thomas Meyer’s courtroom, Assessor Bill Ottley was suing Moore to get her to pay bills to remodel his office.  As I understand Moore’s position, she is arguing that Ottley is trying to string out various aspects of the project to avoid going out for bid.

The case was originally before Judge Caldwell, but Ottley attorney Mike Poper successfully moved for a change of venue, that is, another judge to hear the case.

Nelson represents Moore in the Assessor’s case.

Today Grafton Supervisor Linda Moore’s husband David Moore is in criminal court on October, 2010, battery charges.

Concurrently, Moore’s attorney John Nelson in the Separation of Powers case she won is asking for indirect criminal contempt findings against Trustees Rob LaPorta, Betty Zirk, Barb Murphy and Gerry McMahon.

Up to six months behind bars or a fine is requested, the paperwork says.

Here’s the part of Judge Michael Caldwell’s court order which Moore contends that the Trustees violated:

The issue is about the use of a Township credit card that was in existence prior to Moore’s taking office.

The Township Trustees voted not to pay bills incurred through use of the credit card and to cancel the card.

Also bought up was the Trustees’ voting for Moore to return a sound system bought for use at the Annual Town Meeting and at bi-monthly bingo games.

Read the text comparing Moore’s actions to the $53 million embezzlement in Dixon, Illinois:

“Deliberately and willfully violating the terms of this Court’s injunction” are the “red meat” words on the page.

That’s what this press release from Grafton Township Supervisor Linda Moore says:

Township Trustees to File 3rd Appeal

Township Trustees Gerry McMahon, Rob LaPorta, Betty Zirk, and Barbara Murphy voted at last week’s regular board meeting to take a third trip to the Appellate Court.

In 2009 they appealed the Ziller v. Rossi case injunction against building a new town hall and lost.

In 2011 they appealed a court order to appoint the township attorney and won.

Now, they are appealing the permanent injunction put in place last week by Judge Caldwell in the Moore v. Grafton Township court case.

The case was filed by the supervisor after the trustees illegally

• changed the locks on her office,
• prevented her from fulfilling her statutory duties and without authority,
• hired Village of Huntley Trustee Pam Fender to do the work of the township supervisor.

Caldwell also enjoined Attorney Krafthefer of Ancel-Glink from acting as the Township Attorney.

At the April 12, 2012 board meeting the trustees again refused to pay the bills from

• the township auditors, the CPA who prepares IRS filings
• a financial consultant
• a printing company
• the Huntley Police

Supervisor Moore said, “Because the money is in the budget and the bills are proper, it is their duty to pay these vendors.

“They cannot afford to waste the taxpayers’ money on more lawsuits so that these bills get paid.”