McHenry County Blog


Archive for the ‘Betty Zirk’

Grafton Township Edifice Complex Alive and Well

March 18, 2010 By: Cal Skinner Category: Barbara Murphy, Betty Zirk, Edifice Complex, Gerry McMahon, Grafton Township, Grafton Township Hall, Grafton Township Meeting, Pam Fender, Robert LaPorta, Township Administrator

Building whose purchase by Grafton Township could be authorized by a vote of those attending the Annual Town Meeting on April 13th at the Huntley High School.

At last Thursday night’s meeting of the Grafton Township Board, Township Administrator Pam Fender presented a real estate listing for the old R & R Metal Craft Building at 11012 N. Blakley Street in Huntley. (Near the library and village hall, for those of you not from Huntley.)

When I asked her later if anyone had encouraged her to look for potential office space, she told me it was her idea.

Last November 9th it was listed for $1.15 million.  Fender told me it could be re-modeled for township use for about a half a million dollars.

Grafton Township Hall on which a November referendum is scheduled.

So, something over $ 2 million, plus any interest on borrowed money.

And today, wrapping up the suit successfully filed to stop the $5 million (including interest) building of a new township hall on Haligus Road, the township’s attorney was very concerned that Judge Michael Caldwell include a line in the permanent injunction would allow the Township to pursue the issue of a new building at the forthcoming meeting of Township Electors on April 13.

The township trustees apparently are not willing to let the voters decide at the fall election whether they shall have new offices.

They want to allow only those who show up at the Annual Town Meeting to make the decision.

Grafton Township Trustees Gerry McMahon, Betty Zirk, Rob LaPorta and Barb Murphy at last Thursday's township meeting.

So, expect a vote to buy a building to serve as a new township hall a month from now at the Huntley High School Auditorium.  Whether it will be the Blakley Street building or another one remains to be seen.

A floor plan of the building can be found below:

Main floor layout of the empty building Township Administrator Pam Fender found.

Offices in the building's messanine.

Gus Philpott’s Excellent Question

March 16, 2010 By: Cal Skinner Category: Ancel Glink, Barbara Murphy, Betty Zirk, Gerry McMahon, Grafton Township, Gus Philpott, Keri-Lyn Krafthefer, Open Meetings Act, Robert LaPorta, Woodstock Advocate

In an article on his Woodstock Advocate entitled,

When did Trustees decide to sue Supervisor?

Philpott’s opening paragraphs are just intriguing:

In an update to this morning’s article about the Grafton Township’s Trustees’ filing a lawsuit against Township Supervisor Linda Moore, this morning I telephoned the Grafton Township Supervisor at her telephone number as published on the Township’s website.

Township Administrator Pam Fender answered the telephone number listed under the Supervisor’s name and told me that she did not know when the Trustees had decided on the lawsuit. Now, how does the Administrator not know the answer to what I would consider a fairly simple and direct question?

Grafton Township Trustees, from left to right, Gerry McMahon, Betty Zirk, Rob LaPorta and Barb Murphy, meeting in open session last Thursday night.

I stayed until the end of the meeting and discussion of the Separation of Powers suit filed by Supervisor Linda Moore by Ancel Glink partner Rob Bush was not even behind closed doors.

There certainly was no motion to sue anyone while the township trustees were in session, let alone the passage of a motion.

So, all you legal eagles reading this, let me know whether you think the decision to file the suit was a violation of the Open Meetings Act.

= = = = =
Incidentally, I called Township Administrator Pam Fender this morning asking for a copy of the suit, but have not received it as of 5 PM. She said she didn’t have one, but would contact Township Attorney Keri-Lyn Krafthefer.  If it ever comes, it will be interesting to see what the township is billed for sending it.

Grafton Township Separation of Powers Case Goes to Court

March 10, 2010 By: Cal Skinner Category: 2nd Appellate Court, Ancel Glick, Barbara Murphy, Betty Zirk, Gerry McMahon, Grafton Township, Grafton Township Administrator, Grafton Township Hall, Grafton Township Supervisor, Grafton Township Trustee, Harlem Township, John M. Nelson, Keri-Lyn Krafthefer, Linda Moore, Maureen McIntyre, Pam Fender, Robert LaPorta, Townshiip Supervisor, Township, Township Administrator, Township Attorney, Township Government, Township Hall, Township Supervisor

Grafton Township Supervisor Linda Moore took her dispute with Township Trustees Betty Zirk, Gerald McMahon, Rob LaPorta and Barbara Murphy to court Wednesday.

She’s in civil court seeking injunctive relief to regain her role as chief executive of the township. She hoped for immediate relief, but Judge Maureen McIntyre “found there was no emergency,” Moore attorney John Nelson said. A court date will be set Monday.

“The Grafton Township Board of Trustees has, without legal authority, engaged in a broad course of conduct designed to eliminate Supervisor Moore from conducting any Grafton Township business,” the suit says.

Grafton Township Supervisor Linda Moore and her attorney John Nelson leave the McHenry County Courthouse after filing a suit to reclaim the power that township trustees have taken from her. The sun was radiating enough heat to bring the temperature to 57 degrees.

As readers know, the township board, still smarting from its judicial loss of the new $5 million township hall on Haligus road and election of nemesis Moore as township supervisor, decided to strip Moore of all the executive functions that their attorney, Keri-Lyn Krafthefer  advised was possible.

Trustee Betty Zirk explains benefits of a new township hall approved by the trustees with adequate public notice, but defeated on a tie vote by township electors.

“I am sure my client’s (being a plaintiff in the suit and having) engineered the end of the $5 million palace they wanted to build has nothing to do with the board’s concerns…I say that with tongue firmly in cheek,” Nelson said after setting next Monday’s court date to set a court date for a hearing on the merits of Moore’s suit.

“I would encourage anyone who is interested in the case to watch the YouTube video of the last meeting.”

Moore not only seeks the return of her powers, but also, confirmation of the legitimacy of her firing of Ancil Glick partner Keri-Lyn Krafthefer and Township Administrator Pam Fender.

Nelson spoke of two court cases upon which he based his motion.

One says that the township supervisor is in charge of hiring and firing employees, as long as there are not more than five paid by the Town Fund. Excluded from the employee count are employees of the assessor and road commissioner, as well as those paid by the General Assistance Fund.

Grafton Township has three bus drivers who fit that category.

“Three are smaller than five,” Nelson said.

Another case rebuked Cicero Town officials for banishing its township collector to a closet and firing the two employees.

Moore’s new office is the township clerk’s old one, one without a window.

Trustees continually point out that the township attorney, selected by Moore, but later dismissed by Moore, “wrote the book.”

Nelson said he was a member of the Illinois Township Attorney’s Association.

“Our association is composed of real lawyers. We don’t write books about township law; we revise township laws.”

Apparently two criminal complaints have been made to the McHenry County State’s Attorney’s Office by Moore’s antagonists.

One is said to concern manipulation of the private bank accounts of township employees.

“I would categorically deny such accusation,” Nelson said.

The other, more recent, is that financial information has disappeared from township computers.

“The township computers are under the sole custody and control of the township supervisor,” Nelson said.

“They have no right, legal authority or interest in these computers. They are a legislative body.”

“That is an allegation without substance and without meaning. The elected supervisor is the sole custodian of the financial records. It’s really not their complaint to make.

“If the records have disappeared, it’s because of the illegally hired employee (Township Administrator Pam Fender),” Nelson continued.

“It’s a felony to threaten a criminal case to obtain a civil judgment or right,” Nelson pointed out.

Nelson outlined the duties of township trustees:

  • They review the bills, audit the bills
  • They approve the budget which has to provide adequate space for the assessor, supervisor and town collector to do his or her job.
  • They can provide for salaries.
  • They can provide conditions, if over five employees.

Township trustees are limited to what the law says.

Grafton Township Board at its March 2nd meeting, which you can see on YouTube. From left to right are Trustees Gerry McMahon, Betty Zirk, Rob LaPorta and Barb Murphy. Supervisor Linda Moore is seen standing.

“These township trustees have stepped way over those bounds,” Nelson charged.

“This is a separation of powers case that involved the fundamental right of people to elect their own political leaders.

“The core issue is that the voters of Grafton Township voted my client in as Grafton Township Supervisor. Their wisdom or lack thereof is no longer at issue.”

Nelson serves as Winnebago County’s Harlem Township Attorney.   That township, north of Rockford, has a population comparable to Grafton’s.

And, who will pay Nelson’s bill?

“I represent her in her official capacity,” he said.

Read this section of the case:

“Supervisor Moore is entitled to legal counsel in her capacity as Grafton Township Supervisor as she is in legal conflict with defendants, and this litigation is necessary to settle the rights, obligations and duties of the parties.  The necessity of payment for legal counsel paid for by Grafton Township is well-settled under the law.  In Wayne Township Board of Auditors, DuPage County v. Ludwig, 154 Ill.App.3d 899, 507 N. E. 2d 199, 204, 107 Ill. Dec. 535, 540 (2nd Dist., 1987) the court held that where an actual conflict exists between a Town Board and one of the town’s officers the town officer is entitled to be represented by independent counsel.  The court went on to say that independent counsel is entitled to a reasonable fee for same.”

McHenry County lies within the 2nd Appellate Court District.

What if Moore wins the case and the trustees won’t follow the judge’s order?

“I would be seeking jail time for contempt,” Nelson said.  If it reaches that stage, it will not be the first time the four trustees have displeased a judge by not obeying a court order.  It happened in the new township hall case, too.

Keri-Lyn Krafthefe

Moore’s seeking judicial approval of her termination of the legal services of Keri-Lyn Krafthefer.

Nelson court document points out that Moore appointed her and says,

“Logic would dictate that Keri-Lyn Krafthefer serves at the pleasure of the Supervisor of Grafton Township.  However, it appears that this is an issue of first impression.”

A link to the full court document can be found here.

Reader Censured Comments on the Daily Herald Grafton Township Police Call Story

February 25, 2010 By: Cal Skinner Category: Betty Zirk, Cadman, Daily Herald, Grafton Township, Grafton Township Administrator, Grafton Township Supervisor, Huntley Neighbors, Linda Moore, Pam Fender

Linda Moore

Pam Fender

First up with the story about Huntley Village Trustee Pam Fender’s calling the police over Linda Moore’s efforts to keep her from invading her office was the Daily Herald’s Jameel Naqvi.

I looked at the 53 comments yesterday about 10 AM and found many had been voted hidden by readers of the comments.

Reading them below, you might find a common thread:

Tell us what you see in the comment section.

cadman :: Tue Feb 23, 2010 12:23 PM

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Gerry McMahon

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This is all a distraction to what the bickering is all about. As mcmahon ( no capitals, they show respect) said at last nights meeting Trustee Gerry McMahon became so incensed at their questions he shouted,

“I don’t represent you.

I don’t care to.”

“Until my term expires we’re never going to be done with the building,” he said.

There is the problem. no $5,000,000 building.

esther :: Tue Feb 23, 2010 1:01 PM

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Sounds like this Fender lady has a problem and what is she trying to hide?

cadman :: Tue Feb 23, 2010 1:09 PM

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http://www.firstelectricnewspaper.com/

More Grafton Township Fireworks

This is the link and story title with regard to my post of 12:23 today.

Cassandra the Good :: Tue Feb 23, 2010 1:13 PM

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Last week Huntley Village Trustee Pam Fender made an uncontested pitch for a second taxpayer-financed job.

Setting aside the personal “stuff”, how does the Township Board select a person to hire (I don’t know if it was advertised to the public – don’t think so) at a cost of $35 thousand plus benefits (? another $15 thousand?) without a job description?Was/Is this new person neutral or a Board supporter?

Is Huntley the only part of the Township where residents live?

This reminds me how things are run in Chicago, I suppose I could be wrong…..

Larry Snow :: Tue Feb 23, 2010 1:32 PM

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Article on last night’s township meeting at McHenryCountyblog.com

Pam Fender advising Township Trustee Betty Zirk during the budget hearing Tuesday night.

Last night apparently Fender as a Huntley Village trustee feels she is entitled to boss someone around and tell them where to sit at a public meeting when she is only a member in the audience at a Grafton Township meeting.

Which Grafton trustee couldn’t see Fender was going to be confrontational in the office? Or was that one of her “professional” qualifications they were looking for? Is it a coincidence the trustees hired Fender without bothering with a job descritpion or asking for a resume?

AJM :: Tue Feb 23, 2010 2:47 PM

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Pam Fender explaining her needs, including two telephones, to townshp trustees

Article on last night’s township meeting at McHenryCountyblog.com

Last night apparently Fender as a Huntley Village trustee feels she is entitled to boss someone around and tell them where to sit at a public meeting when she is only a member in the audience at a Grafton Township meeting.

Which Grafton trustee couldn’t see Fender was going to be confrontational in the office? Or was that one of her “professional” qualifications they were looking for? Is it a coincidence the trustees hired Fender without bothering with a job descritpion or asking for a resume?

Larry, I agree with your comment about the qualifications the trustees were looking for when they hired Ms Fender. Seems to me the trustees don’t like to get their hand slapped each time they reach into the cookie jar (Tax payers money).

cadman :: Tue Feb 23, 2010 3:01 PM

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Grafton Township Hall that would have cost about $5 million, including interest.

I find it very interesting that not one of you people can see the reasoning behind all of this. Could it be that you people have so much money to throw away that you want to enrich a few with a $5,000.000 building? Looks like Linda Moore is keeping a lot of money out of a few peoples pockets and you people want to fill those pockets. Look to see who benefits from the building and you will see who is causeing all of the problems.

Who is doing the steering of the trustees? Do you people really believe this is over a copier? The coffee is brewed, wakeup and smell it.

AJM :: Tue Feb 23, 2010 3:39 PM

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Cadman, you are absolutely correct. Linda Moore is doing what she is elected to do and that is to be fiscally responsible to the taxpayers. Either a lot of the folks on this board have money to burn or they are all family members of the trustees. I for one am not in favor of the 5M dollar building nor am I in favor of paying Ms Fender’s 35K salary.

cadman :: Tue Feb 23, 2010 4:28 PM

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How much of the $35,000 salary is alotted for posting time on the Huntley Neighbors site?

cadman :: Tue Feb 23, 2010 8:08 PM

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suncityhawk, apparently you are not familiar with the proper way to run a government entity. If you were you would see these are people that are trying to do the right thing for all concerned, unlike your fellow sun cityite.It may be hard for you to do but look at both sides of the stories.



Pam Fender’s First Day at Work

February 17, 2010 By: Cal Skinner Category: Betty Zirk, Double Dipper, Grafton Township, Grafton Township Supervisor, Pam Fender, Townshiip Supervisor, Township Administrator

Pam Fender making her pitch for the $35,000 (plus about $15,000 in family health benefits) patronage plum of "Grafton Township Administrator last Thursday night."

I wasn’t there when Grafton Township Trustee Betty Zirk and double-dipping Huntley Village Trustee Pam Fender, the new $35,000 (plus about $15,000 in health benefits) “Township Administrator” hired to supplant the-woman-blamed-for-stopping-the-$5-million-new-township-hall, elected Township Supervisor Linda Moore, walked into Moore’s office, but apparently The First Electric Newspaper’s Pete Gonigam was.

(Go ahead, diagram that sentence!)

See the picture he took and read his story here.

Fender was hired without resume or job description or the opportunity for others to apply for the job.

Hard to believe the number of comments on the article about the Thursday night meeting.

A Request that “Cadman” Email Some Information

February 15, 2010 By: Cal Skinner Category: Barbara Murphy, Betty Zirk, Cadman, Gerry McMahon, Grafton Township, Grafton Township Hall, Keri-Lyn Krafterfer, Robert LaPorta

The Grafton Township Board listening to the pre-selected Huntley Village Trustee Pam Fender for the new $35,000 (plus about $15,000 in family health benefits) post of Township Administrator. From left to right are Supervisor Linda Moore, Township Attorney Keri-Lyn Krafterfer and Trustees Barbara Murphy, Rob LaPorta, Betty Zirk and Gerry McMahon.

In the soon-to-disappear Northwest Herald comments on its story about the Grafton Township Trustees’ hiring Huntley Village Trustee Pam Fender to basically do all the work that Supervisor Linda Moore is charged with performing now, a gentleman calling himself “Cadman” wrote the following:

“As I have stated before, find which of the trustees and their friends stand to gain from building the memorial and you will know who is causing all the problems.”

I ask that Cadman email me (address on the upper left hand of this page) something a bit more specific.

You can find McHenry County Blog’s story on the Thursday meeting here.

Applications for $10,000 Part-Time Grafton Township Post with Full Family Health Benefits Being Taken

February 15, 2010 By: Cal Skinner Category: Betty Zirk, Dina Frigo, Grafton Township Clerk, Pam Fender, Township Clerk

Pam Fender makes her presentation to the Grafton Township Board of Trustees with her supporters sitting behind her.

Pam Fender makes her presentation to the Grafton Township Board of Trustees with her male supporters sitting behind her.

In contrast to the

“let’s give Pam Fender a $35,000 job without asking if anyone else might want it or be more qualified”

approach last Thursday night (lots of comments; no deadline as in the Northwest Herald) by the Grafton Township Board, public notice will be given through newspapers that the board is seeking applicants to replace just resigned Township Clerk Dina Frigo.

Those interested in the position, which provides the same full family health benefits worth about $15,000 per year that Fender, as “Township Administrator,” will receive on top of her $35,000 salary, should send a letter and resume to the

Deputy Grafton Township Clerk
10109 Vine Street
Huntley, IL 60142

It should be noted that Fender did not hand the trustees a resume.

There’s a March 1st deadline.

If you are interested, do it soonest.

The township clerk is a partisan position. Only those who are Republicans are eligible for appointment because Frigo won election running as a Republican.

The duties are light and the pay is good.

Take minutes, post notices, file forms. That’s about it and you’ll have a highly paid lawyer to help you.

The benefits are obviously outstanding…even outrageous.

Of course, the board could have already selected someone and be just playing charades with the public on this appointment.

On one web site, someone indicated that Fender herself wanted the position.

Appointing her could solve the problem of what office to give Fender.

Trustee Betty Zirk mentioned that Fender could be in the same office as Township Supervisor Linda Moore, apparently forgetting that Moore needs a private office to interview people seeking General Assistance.

If Fender were appointed township clerk as well as township administrator, the board could either up her gross pay to $45,000 or, considering she has already said she will do the job for $35,000, cut her pay for township administrator to $25,000. Giving her both jobs would also save $15,000 or so in health benefits, assuming that the person appointed clerk would want his or her family covered.

Grafton Township Board Battles Escalate with Hiring of $35,000 Administrator to Replace Township Supervisor Linda Moore

February 12, 2010 By: Cal Skinner Category: Ancel Glick, Barbara Murphy, Betty Zirk, Dan Ziller Jr., Dan Ziller Sr., Grafton Township, Grafton Township Hall, Keri-Lyn Krafterfer, Linda Moore, Pam Fender, Robert LaPorta, Townshiip Supervisor, Township Trustee

With a wish fulfillment that newly-elected Grafton Township Supervisor Linda Moore would go poof and disappear in the night in the Huntley Park District meeting room last night being unattainable, the other four members of the township board decided to do the next best thing.

Watercolor of $3.5 million Grafton Township Hall the majority of the township board tried to build without adequate notice to the taxapyers. Linda Moore was party to the suit that stopped expenditures before she became township supervisor, basing her campaign on opposition to the proposal.

To punish the person they blame for derailing their new $3.5 million township hall, they voted to hire a township administrator, a post unheard of in McHenry County, but apparently common in patronage-ridden Cook County Townships seeking ways to justify their existence.

The trustees’ minds were obviously made up before the meeting began.

As Trustee Gerry McMahon pointed out to Moore after LaPorta had taken the high road by vowing the township was going to “follow best practices,”

“There are going to be a lot of changes. Get used to it!”

At the annual Grafton Township meeting, Huntley Village Trustee Pam Fender was standing to the left of the trustees (in the photo, a bit to the right of the 20 MPH sign) voting with them to approve a new $3.5 million ($5 milion with interest) township hall. (Click to enlarge.)

The perfunctory discussion of the need for such an employee to effectively replace the township supervisor and the presence of the person being hired—political ally and Huntley Village Trustee Pam Fender—in the audience is evidence of the choreographed nature of the meeting.

In the next to the back row, Huntley Village Trustee Pam Fender waited to be hired as Grafton Township Administrator, akin to a city manager, with her male supporters beside and behind her.

The cost of the action to taxpayers taken by the four Grafton Township Trustees will be in the $50,000 range once family health benefits are added to the $35,000 salary.

LaPorta pointed out that the compensation “was about half what other townships pay their administrators.”

Linda Moore’s reaction:

“It’s another waste of taxpayers’ dollars. No township of similar size or in McHenry County has seen a need to spend money for this purposed.”

Led by Rob LaPorta, he, Barb Murphy, Betty Zirk and Gerry McMahon voted as a bloc to hire the Fender, who told McHenry County Blog she is a decorator and contractor as well as village trustee.

When asked, she said she considered this a full-time job.

Asked whether she would run for township supervisor, a rumor about town, Fender replied, “I have no idea at all.”

Ancel Glick attorney Keri-LynKrafterfer offers explanation of other townships, none in McHenry County, that have hired adminstrators.

No job description was available and there was not evidence that anyone else had been considered for the position.

LaPorta turned to Ancel Glick attorney Keri-Lyn Krafterfer for help in explaining what a township administrator would do and other townships who had them.

“Counselor, explain what other townships do,”

LaPorta asked.

“They serve the equivalent function of a city manager,” Krafterfer replied. She then added that an administrator could

  • order the thank you plaque for the just-resigned Township Clerk Dina Frigo,
  • get bids for surety bonds for trustees whom the board majority wants to countersign all checks and issue them, if Moore refuses to do so within a specified time,
  • “do whatever,
  • recreation programs,
  • transportation services,
  • health,
  • youth,
  • day-to-day” management,
  • “assemble the board packets,
  • all the things that go into the day-to-day running of the township.”

When pressed for other townships that have administrators, Krafterfer cited

  • Palatine (112,740 population found here)
  • Orland (91,418)
  • Elk Grove (94,969)

“There’s dozens of others. It’s very common.”

Grafton Township had 45,427 people as of 2007.

After that brief description that most people would think contains the duties of a township supervisor, LaPorta said,

Dan Ziller, Sr., and Dan Ziller, Jr., leave Grafton Township meeting after the board selects Pam Fender to take over Supervisor Linda Moore's duties. Dan Ziller, Jr., was the lead plaintiff in the suit that stopped the building of the new township hall and required a referendum on the subject in November.

“I would like to nominate somebody this evening to provide the best services to the township… Pam Fender.”

She had “significant government and leadership background, has a proven history of getting things done for the community…in a timely fashion.”

Dan Ziller, Sr., and Jr., strong supporters of Moore began expressing their displeasure.

“If you can’t keep quiet, I’m going to ask you to leave,” LaPorta said.

After a few more words, the two walked out the door.

“We need to diminish your troublesome conduct,” McMahon next said to Moore. “You’re not doing a good job for the township. It’s as simple as that.”

Huntley Village Trustee Pam Fender makes presentation to the Grafton Township Board after Rob LaPorta made a motion to hire her for $35,000, plus health and other benefits, to become Township Administrator.

Fender then made a presentation including, “I would like to serve the whole of Grafton Township.”

Moore asked Fender,

“When the Village of Huntley hires someone do they hire a friend or the best qualified person?”

but received no satisfaction.

McMahon yet again aimed his ire at Moore by stating to 11-year resident Fender,

“We want you to be a good public relations person. You’re working for the board.”

Fender’s start date is Tuesday. Yet unsettled is where her office will be, but Trustee Zirk thought it ought to be near the front door in the same office as Moore.

Although no job description was available at the meeting, the attorney said,

“We’ll get a job description.”

Neither Barb Murphy nor Zirk had questions for Fender.

Gerry McMahon

Linda Moore

The hiring came after a another bill of particulars of things Moore had done wrong leading up to a second censure resolution.

Displeasure over the roll Moore played in killing the township hall was evident periodically throughout the meeting.

“We’d have our own building…”

Rob LaPorta, the leader of the four trustees whose goal is to freeze Linda Moore out of township affairs.

Gerry McMahon said at the end of the meeting before being interrupted by Rob LaPorta, who said,

“Gerry don’t go there,”

as a lease requested by the Huntley Park District was discussed before being assigned to Fender for investigation.

Earlier McMahon strayed from the script by saying,

“We could have had our own building and been in it by now,”

adding, “That’s satire,” after Moore explained that the park district had expressed displeasure with the township board’s late meetings.  (This one ended after 11.)

The meeting was calmer than the one Moore posted, first on the township web site, then on her own after outraged township trustees order them removed.

I only watched the first part of the meeting, but it must have been a doozy because when Loretta Wuich complained about the way she was treated, LaPorta offered an apology for not acting the way he does in other circumstances.

All the officials are Republican.

More Funny Business in Grafton Township

January 22, 2010 By: Cal Skinner Category: Barbara Murphy, Betty Zirk, Gerry McMahon, Grafton Township, Grafton Township Meeting, Grafton Township Supervisor, Lnida Moore, Robert LaPorta

Grafton Township Home Page on Jan. 22, 2010. Note that the tab to click to the Supervisor's page above the Assessor's has been removed.

You gotta love the infighting among Republicans in Grafton Township.

Supervisor Linda Moore posted video of the last township meeting. My speakers are so poor I had a hard time hearing what people were saying in the first segment, but it as, shall I say, animated.

Now, someone has taken down the link from the main page of the web site to where one can see the videos.

Linda Moore's information page to which the link disappeared from the internet home page page Grafton Township

But here’s the link for those of you who would like to see what a real live, that is, lively meeting looks and sounds like.

State’s Attorney’s Office Says Trustees’ Boycott of Township Meeting Did Not Violate Open Meetings Act; Linda Moore Suggests Deeper Probe

January 08, 2010 By: Cal Skinner Category: Ancel Glick, Barbara Murphy, Betty Zirk, Boycott, Dina Frigo, First Electric Newspaper, Grafton Township, Keri-Lyn Krafterfer, McHenry County State's Attorney, Open Meetings Act, Pete Gonigam, Robert LaPorta

November 12, 2009, Grafton Township Meeting that the four trustes did not attend.

As reported by McHenry County Blog November 12th, the four Grafton Township Trustees who wanted to build a new township hall, but didn’t want to ask the public for permission in a referendum, boycotted a township meeting.

Township Supervisor Linda Moore, Township Clerk Dina Frigo, Road Commissioner Jack Freund and Assessor Bill Ottley attended the meeting.

Township Trustees Barbara Murphy, Robert LaPorta, Betty Zirk and Gerry McMahon weren’t there.

Here’s what the Assistant State’s Attorney Cynthia A. Schaupp said in a January 7th letter to Moore:

This investigation revealed the following:
Mr. LaPorta did contact the Grafton Township attorney to inquire whether he could boycott the November 12, 2009, meeting since the agenda did not contain items he requested to have placed on the agenda.The attorney informed him he can choose to not attend the meeting.

Mr. LaPorta then contacted by telephone Trustee Zire and Trustee Murphy, individually, to inform them that he would not be attending the meeting.

Mr. LaPorta, never told the Trustees that they should also miss the meeting.

Trustee Murphy was not able to go to the meeting due to a work conflict and did not miss the meeting due to the any other reason.

Trustee McMahon did not recall if Trustee LaPorta even contacted him prior to the November 12, 2009 meeting.

The facts presented do not indicate any designed plan or “chain” to violate the Open Meetings Act.

Based on the above facts available to me at this time, this office does not believe there was any violation of the Open Meetings Act and thus will take no further action. However, should any additional information become available, this office may review this decision.

After receiving the above letter Supervisor Moore, who filed an Open Meetings Act violation complaint, sent the following letter to the State’s Attorney’s Office:

Cythia Schaupp
Assistant State’s Attorney
January 8. 2010

Dear Attorney Schaupp,

I have received your letter regarding the boycotting of meetings by the Grafton Township Trustees.  Thank you for contacting the trustees, however, I am concerned that you have overlooked some evidence from reporter Pete Gonigam and new evidence has occurred.

Please review the quote by Trustee LaPorta made at the time that the boycotting occurred to reporter Pete Gonigam who wrote a story the next day on the subject,

“We as a group of trustees decided to do that.”

LaPorta said.  You do not refer to this evidence in your letter even though on November 18th I wrote a letter to you asking you to consider this evidence and contact Mr. Gonigam.

The word boycott defined means

“to join together in refusing to deal with, so as to punish or coerce.”

Source is Webster’s Dictionary and online Your Dictionary.

In your letter, dated January 7th you state that Mr. LaPorta asked the attorney to inquire whether he could boycott a meeting.  Your letter states, “The attorney informed him that he can choose not to attend the meeting.”

Ancel Glick partner Keri-Lyn Krafterfer advising Grafton Township Board.

On November 6, Krafthefer advises the trustees in a letter,

“Further, there is nothing to prevent the Township Trustees from boycotting the regular meeting with your proposed agenda,“

Attorney Krafthefer’s response is also documented in a letter to the trustees dated November 17th,

“There is nothing that prevents one trustee from calling another trustee, then hanging up and calling another trustee.  Such would not constitute a meeting under the Open Meetings Act.”

In other words, she has said there is no such thing as a “chain” call that would violate the Open Meetings Act.

In my opinion, Ms. Krafthefer has given the trustees inappropriate legal counsel in these statements.

Per the Open Meetings Act, “Meeting” means any gathering, whether in person, or by video or audio conference, telephone call, electronic means, or other means of contemporaneous interactive communication of a majority of a quorum of the members of a public body.

November 12, 2009, Grafton Township Meeting that the four trustes did not attend.

In other words, the definition of a meeting can be calls made one after another between more than two board members.  Mr. LaPorta may have told you that he did not tell the trustees to boycott the meeting, however he admits to doing just that when he is quoted by Pete Gonigam,

We as a group of trustees decided to do that (boycott the meeting.)”

Since my previous contact with you, the trustees have chosen not to attend four meetings in the month of November and as a result many items of township business are not addressed at this time.  In fact, the trustees did not attend meetings dated November 12, 16, 18 and 24th.

Clearly this was not a one time unplanned coincidental event.  It is reoccurring and intentional.

On January 4th Trustee McMahon was quoted by the Daily Herald reporter Jameel Naqvi as follows,

“I don’t want to go to a meeting called by Linda Moore…don’t care about anything she has on the agenda.”

McMahon said.

Is not this further evidence that the trustees plan to continue to violate the Open Meetings Act by joining together to refuse to deal with, so as to punish or coerce with the township attorney’s apparent permission as documented in your letter of January 7th?

In light of this additional information, you have offered to review this decision.

I am asking that you do reconsider the Open Meetings Violation Compliant that was made by myself and an unnamed McHenry County resident.

After receiving your letter I tried to contact you by telephone, but you were unavailable at that time.  For clarification purposes, I have sent you various documents at various times, but I was under the impression that the investigation was started at the request of another McHenry County resident.

I look forward to hearing from you.
Very Truly Yours,

Grafton Township Supervisor
Linda Moore

Attachments include:
Jan. 7 letter from Office of State Attorney
Nov. 17 letter, page 2 Ancel-Glick
Nov. 18 letter from Linda Moore
Jan. 4 Daily Herald article
Nov. 13 Pete Gonigam article
Nov. 6 Ancel Glick letter

When I asked the First Electric Newspaper’s Pete Gonigam if he had been interviewed by the State’s Attornedy’s Office, he said that he had not.

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