McHenry County Blog

What would happen if a candidate ran for township office pledging to abolish the government for which he or she seeks office?

Mike Walkup

Attorney and future McHenry County Board member Mike Walkup considered the question and came up with the following:

Can this be done?

Many people are under the impression that townships can no longer be abolished one at a time.

This is due to legislation that was passed amending the Township Code when former McHenry County State Representative Ann Hughes chaired a special committee that had been formed following the unsuccessful attempt by Bob Anderson to abolish all of the townships in McHenry County in 1994. I will refer to this as the “Hughes Act.”

The issue at the time was that in a county like McHenry, where some townships have much larger populations than others and are also mostly incorporated into municipalities, a referendum to abolish all townships in the county could be carried by those more populous townships where the residents didn’t feel that they needed township services, notwithstanding the desires of the more rural township residents to retain that form of government.

I represented Bob Anderson at the time and helped him get the question on the ballot. It scared the heck out of the townships at the time.

The Hughes Act is as follows:

ARTICLE 25. DISCONTINUANCE OF TOWNSHIP ORGANIZATION

(60 ILCS 1/25-5)

“Sec. 25-5 Petition and referendum to discontinue township organization. Upon the petition of at least 10% of the registered voters of each township of a county, as determined by the date registration closed before the regular election next preceding the last day on which the petition may be filed, that has adopted township organization, the county board shall certify and cause to be submitted to the voters of the county, at the next general election, the question of continuance of township organization. ” {a lot of stuff next about how the signatures all have to be collected 90 days before the last day for filing the petition and how to establish that on each petition sheet}.

“Sec. 25-10. Cessation of township organization. If it appears by the returns of the election that a majority of the votes in at least three-fourths of the townships, containing at least of majority of the population in the county, cast on the question of the continuance of township organization are against the continuance of township organization, then township organization shall cease in the county as soon as a county board is elected and qualified.”

This referendum can only be presented at a general election at which members of the General Assembly are elected, so it cannot be done in connection with a Consolidated Election, which is the one next year.

The entire County Board is then replaced by 3 County Commissioners!!

Many legal experts have been advising township boards that this is now the only way to abolish townships.

This is incorrect.

The power to abolish townships by referendum created by citizen petition is derived from the 1970 Illinois Constitution. Section 5 of Article VII thereof states as follows:

” SECTION 5. TOWNSHIPS

The General Assembly shall provide by law for the formation of townships in any county when approved by county-wide referendum. Townships may be consolidated or merged, and one or more townships may be dissolved or divided, when approved by a referendum in each township affected. All townships in a county may be dissolved when approved by a referendum in the total area in which township officers are elected.” (emphasis supplied).

The State Constitution supersedes any legislative enactments which are inconsistent with it.

Bob Anderson formed a group known as “S.T.O.P.”, (Send Township Officials Packing), which I also represented, and which challenged the Hughes Act in DuPage County on the grounds that the second paragraph, which required a super majority, violated the “one person one vote” rule.

We lost at the county level and decided not to appeal.

Bob subsequently filed to abolish McHenry Township separately.

He did not have enough valid signatures and tried a second time.

This time McHenry Township Supervisor Donna Schaefer decided not to file an objection and it made it to the ballot, where it lost.

No further attempts have been made.

Therefore, I am of the opinion that you can get a binding referendum on the ballot to abolish an individual township, notwithstanding the Hughes Act provisions, which I believe apply only where someone is attempting to abolish all of the townships in a county at one time.

How many signatures would then be required and at what elections could it be presented?

The Hughes Act requires ten percent of the registered voters. However, it does not address the requirements for single township abolition.

I believe these would therefore be determined by the Election Code.

This would fall under Section 28, Submitting Public Questions.

It provides as follows:

“The method of initiating the submission of a public question shall be as provided by the statute authorizing such public question, or as provided by the Constitution. …..

If such statute does not specify any of the foregoing petition requirements, the corresponding petition requirements of Section 28-6 shall govern such petition.

“Sec. 28-6. Petitions; filing.

“(a) On a written petition signed by a number of voters equal to at least 8% of the total votes cast for candidates for Governor in the preceding gubernatorial election by the registered voters of the municipality, township, county or school district, it shall be the duty of the proper election officers to submit any question of public policy so petitioned for, to the electors of such political subdivision at any regular election named in the petition at which an election is scheduled to be held throughout such political subdivision under Article 2A.”

Therefore, I believe that only 8% of those who voted in the 2010 gubernatorial election (combining vote totals for all Governor candidates) within the township is needed and that it can be placed on the ballot at any upcoming election, including either the Consolidated Election in April or any primary election prior thereto.

There you have it.

The rest, if anything, is up to you.

The deadline for filing for the general consolidated election is December 24th. I believe for a primary there is an earlier date.

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Those wishing to file for township office must do so from November 19-26.

Happy Thanksging.

McHenry Township Donna Schaefer has decided to appoint Johnsburg resident Doug Carlile to the vacancy on her Township Board.

He replaces Kathy Kuchta.

State Treasurer Dan Rutherford appeared at a fund raiser at 1776 this morning and then attended two “Cash Dashes” in McHenry County for people looking for unclaimed assets that may be in the custody of the State Treasurer’s Office.

Algonquin Village Trustee Debby Sosine poses with State Treasurer Dan Rutherford at Algonquin's Village Hall.

Such an event was held at the Algonquin Village Hall from 9-11

City Clerk Nick Kachiroubas City Clerk, State Rep Mike Tryon, State Treasurer Dan Rutherford, Mayor Aaron Shepley and Gary Di Renzo in the Crystal Lake City Council Chambers..

There was one in Crystal Lake from 2:30-4:30.

State Treasurer Dan Rutherford and McHenry Township Supervisor Donna Schaefer.

Wednesday he was in Johnsburg at the McHenry Township Hall for another Cash Dash. This one even included dinner for area senior

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hotos from the State Treasurer’s Twitter account.

Sally Wiggins walked the Johnsburg Memorial Day Parade route. Playing to the hometown crowd, she reminds people that she graduated from the local high school in 1981.

The woman who wants to run for McHenry County Judge as an Independent, Sally Wiggins, was in hometown of Johnsburg on Memorial Day parading and soliciting signatures.

Sally Wiggins greeted those along the sidelines. Do you think this man is the father of one of her high school classmates?

She was kind enough to send some photos, which I am pleased to share with you. (Take note other candidates seeking similar coverage.)

Korean War Veterans were in the Johnsburg parade.

Of course, veterans were in the parade.  It was for them and the ones they left behind.

Here are McHenry Township officials in a 1957 Chevy. Donna Schaefer, Kathy Kuchta and Marsha Nelson. You will note that they are all riding in the same car. In the car behind, I see McHenry County Board member John Hammerand and his wife Cheryl, a Wonder Lake Fire Protection District Trustee.

But, so were other politicians.  Above you can see McHenry Township officials.  There’s Supervisor Donna Schaefer and Trustees Kathy Kuchta and Marsha Nelson. McHenry County Board member John Hammerand and his wife Cheryl, a Wonder Lake Fire Protection District Trustee, are in the next car.

People lined that part of the parade route that went across the Fox River bridge.

The parade route went across the Fox River Bridge.

The strains of "Amazing Grace" floated over the Fox River and echoed off the bridge.

Under the bridge on a pier two bag pipers played “Amazing Grace.”

There were prayers at the Memorial Day ceremonies.

But back to the source of these photos.

Candidates with enough volunteers have a banner so people can see who the candidate is.

Notice how Wiggins makes sure people know that her maiden name is “Oeffling?”

Candidates with enough money give away candy. Having kids do it is most endearing.

If she gets enough signatures and they muster an inevitable petition challenge by Republicans, she will face off against Associate Judge Gordon Graham of Crystal Lake.  No Democrat has filed for the office.

It was supposed to be on the morning of the second day of the Grafton Township separation of powers trial last week.

8 AM.

The subpoena from McHenry County Board Chairman and Chairman of something called the McHenry County Public Aid Committee Ken Koehler.

Linda Moore

Delivered just the night before the Tuesday trial date, the subpoena “commanded” Linda Moore to

“bring the Complainant’s (name withheld) case file including any and all individualized documents or notices generated or received with regard to the applicant, the original application, all correspondence, referrals, and written notations to the McHenry County Public Aid Committee.”

The Wednesday meeting was scheduled in Koehler’s office, but Moore told me the meeting was canceled because the client withdrew her appeal.

Besides Koehler, all the other committee members are township supervisors. They are Preston Rea, Roger Naylor, Donna Schaefer, Diane Klemm and Bob Pierce

The day after the subpoena was delivered, Township Administrator Pam Fender was questioned about posting on Huntley Neighbors apparently about the woman in question. Fender insisted she did not violate confidentiality rules.

Lack of inter-connectivity has always been the problem in delivering bus service to the suburbs.  To get from one town to the next, you had to be able to get from your home to the bus stop.

During the 1974 RTA referendum, proponents promised,

“Public transportation, when and where you need it, throughout the region.”

“Right,” I thought then. “Not in my lifetime.”

Now local officials have forged an agreement to allow those living in Crystal Lake (the city, not the zip codes 60012 and 60014) to get to and from home and McHenry and/or Woodstock or anywhere in Dorr Township, plus all combinations thereof.

Here is the county’s press release on the ribbon cutting:

PACE Ribbon Cutting

WOODSTOCK, IL – A ribbon cutting ceremony was held this morning to commemorate the launch of a program to expand Pace Dial-a-Ride services in McHenry County.

The Program, which officially went into service last Saturday, enables registered users to arrange transit trips between the cities of Crystal Lake, McHenry, and Woodstock, and for seniors and people with disabilities the area also includes all of McHenry Township and unincorporated Dorr Township.

McHenry County Board Chairman speaks at a ceremony announcing the expansion of PACE bus service between Crystal Lake, McHenry and Woodstock.

Near the Vietnam War Memorial at the County Administration building, County Board Chairman Ken Koehler provided a few words for the occasion:

“It would be an understatement to say it’s been a very long journey from planning stage to implementation of these services… This project, funded by the Senior Services Grant Commission and the County Transit Grant Program will have immediate impacts to many with limited mobility in the County and will, in the long-term, create positive social and economic impacts.”

The seeds for this service were first planted in 2005, when the County Board approved a Transit Plan calling for the coordination of transit services.

Pace Board Chairman Richard Kwasneski heralded the new service as an example of the kind of coordination that will be necessary for successful transit systems in the future.

Sandra Salgado, McHenry County Board member and Chair of the County’s Senior Services Grant Commission, expressed how happy the Commission members are to see this service provide new transportation options for McHenry County’s seniors.  In late 2007, the Senior Services Grant Commission awarded funds to the McHenry County Division of Transportation to begin a program of coordinated transit services.

Anna May Miller, also a Board member and Chair of the County’s Transportation Committee, shared her enthusiasm for this first step in coordinated, expanded transit services.  The Transportation Committee authorized a Transit Grant Program that provided funding for the service in 2009 using the County’s RTA Sales Tax.

County Chairman Koehler, Pace Chairman Kwasneski, County Board Member Salgado, County Board Member Miller, and McHenry Township Supervisor Donna Schaefer cut the red ribbon over the door of the Pace bus, officially declaring the service up and running.

Sandra Salgado, Anna May Miller, Donna Schaefer, Ken Koehler, Rick Kwasneski cutting the ribbon.

Other attendees at this event included: County Board members Lyn Orphal, Mary Donner, and Mary McCann; Bob Pierce, Dorr Township Supervisor; Don Kopsell, Nunda Township Road District Commissioner; Mayor Susan Low, City of McHenry; Mayor Brian Sager, City of Woodstock; Pace Executive Director T. J. Ross; McHenry County Engineer/Director of Transportation Joseph Korpalski, Jr.; and Pioneer Center President and CEO Lorraine Kopczynski.

We looked at the salaries in the third largest township—Nunda—Friday.

Saturday, McHenry County Blog published the salary schedule for Algonquin Township, which now has about 100,000 population.

They, plus McHenry, Grafton and Dorr Townships have decided to hold primary elections, rather than caucuses to select Republican candidates to stand for the April general election.

I have laid out the reasons why people want to run for public office.

One of them is money.

With that in mind, salaries next year in McHenry Township are presented below:

• Supervisor – $68,677
• Highway Commissioner – $76,179
• Assessor – $67,677
• Clerk – $13,009
• Trustees – $100 per meeting

Salaries for all but the trustees will increase 2% in 2010, 2.25% in 2011 and 2.5% in 2012.

In addition, the supervisor, highway commissioner and assessor receive the

“same health insurance, life insurance, IMFR retirement fund, etc. as all other full time employees (including employee paid premiums),”

the resolution that Township Supervisor Donna Schaefer sent me says.

We looked at the salaries in the third largest township—Nunda—Friday.

Saturday, McHenry County Blog published the salary schedule for Algonquin Township, which now has about 100,000 population.

They, plus McHenry, Grafton and Dorr Townships have decided to hold primary elections, rather than caucuses to select Republican candidates to stand for the April general election.

I have laid out the reasons why people want to run for public office.

One of them is money.

With that in mind, salaries next year in McHenry Township are presented below:

• Supervisor – $68,677
• Highway Commissioner – $76,179
• Assessor – $67,677
• Clerk – $13,009
• Trustees – $100 per meeting

Salaries for all but the trustees will increase 2% in 2010, 2.25% in 2011 and 2.5% in 2012.

In addition, the supervisor, highway commissioner and assessor receive the

“same health insurance, life insurance, IMFR retirement fund, etc. as all other full time employees (including employee paid premiums),”

the resolution that Township Supervisor Donna Schaefer sent me says.

This is the third article about the entries of Democratic and Republican Party in McHenry’s Fiesta Days Parade. The first concentrated on the Democrats.

What I have been concentrating on is Algonquin’s Founders Day Committee’s attempt to maintain what it considers the parade’s non-political nature.

Which of the entries in the McHenry parade would be allowed in Algonquin’s and which would be prohibited?

The pictures were provided by John O’Neill, who was one of the recruiters of the 244 Republican participants. O’Neill is also a Republican precinct committeeman and member of the District 15 Elementary School Board.

Floating their own boat float, McHenry Township Supervisor Donna Schaefer and her crew. There is no indication on the float that all township officials are on the ballot next spring, so they would pass muster down in Algonquin Township.

Beside Schaefer, you can see Township Trustee Kathy Kuchta, who is also heads the McHenry Township Central Committee. In the second row are Township Assessor Carol Perschke, Township Trustee Jim Condon. In the third row are Trustee Marsha Nelson and Highway Commissioner Leon VanEvery. In the last row is Township Clerk Bruce Novak.

McHenry County’s Young Republicans apparently came next. First you see a banner.

Then, a tractor with the sign,

The signs I see being carried by walkers seem to make the cut. At least, they don’t say, “Elect” so and so. John Hammerand’s just says, “COUNTY BOARD,” underneath.

Oh, no!

There’s a sign next to the tractor for 8th congressional district Republican challenger Steve Greenberg. He’s not an incumbent.

Think Algonquin parade monitors would catch that?

Doesn’t really matter since the 8th congressional district doesn’t cover Algonquin.

But, surely someone would notice that Steve Greenberg is not a congressman yet. The banner, I fear, would alert the authorities.

But, Greenberg had influential supporters. The Godmother of the pro-life movement in McHenry County, Irene Napier, is holding up one of his signs. Sue Serdar, head of the Pro-Life Victory PAC is standing behind her.

And, here’s the candidate himself. His wife Kristine, too. A non-incumbent walking, instead of riding. His wife, too.

Besides the Young Republicans, there was this delightful

banner being carried by John O’Neil’s son Johnny.

Supporters of the GOP candidate for state senate, Dan Duffy, probably would get in trouble, too. Not enough name identification to be an incumbent.

But, unlike all the Republican incumbents, but Sandra Salgado, shown in photos above, yesterday and the day before, Duffy is doing one-to-one campaigning. I remember when I was state representative it was a rare parade that I didn’t hand out candy myself.

In the email that accompanied the photos, John O’Neill provided this bit of color commentary:

“We did not hit 300, but we did hit 244!!

“I had some Dems harassing me while walking the parade.

“’Hey John, how’s your bribery campaign going, ha ha ha’

“Referring to our feeding the walkers after the parade.

“I tried to tie it in with candidates taking their own people out for lunch after parades but they wouldn’t listen so I told them, ‘…we take care of our people.’

“Another made comments to the tune of, ‘…200 in Crystal Lake? Yeah, and then you woke-up!’

“I wonder who is going to get kicked-out of the Algonquin parade for electioneering???”

The bottom photo is of O’Neill’s wife Basia and son Jimmy. In the background you can see Republicans troops being fed.

This is the third article about the entries of Democratic and Republican Party in McHenry’s Fiesta Days Parade. The first concentrated on the Democrats.

What I have been concentrating on is Algonquin’s Founders Day Committee’s attempt to maintain what it considers the parade’s non-political nature.

Which of the entries in the McHenry parade would be allowed in Algonquin’s and which would be prohibited?

The pictures were provided by John O’Neill, who was one of the recruiters of the 244 Republican participants. O’Neill is also a Republican precinct committeeman and member of the District 15 Elementary School Board.

Floating their own boat float, McHenry Township Supervisor Donna Schaefer and her crew. There is no indication on the float that all township officials are on the ballot next spring, so they would pass muster down in Algonquin Township.

Beside Schaefer, you can see Township Trustee Kathy Kuchta, who is also heads the McHenry Township Central Committee. In the second row are Township Assessor Carol Perschke, Township Trustee Jim Condon. In the third row are Trustee Marsha Nelson and Highway Commissioner Leon VanEvery. In the last row is Township Clerk Bruce Novak.

McHenry County’s Young Republicans apparently came next. First you see a banner.

Then, a tractor with the sign,

The signs I see being carried by walkers seem to make the cut. At least, they don’t say, “Elect” so and so. John Hammerand’s just says, “COUNTY BOARD,” underneath.

Oh, no!

There’s a sign next to the tractor for 8th congressional district Republican challenger Steve Greenberg. He’s not an incumbent.

Think Algonquin parade monitors would catch that?

Doesn’t really matter since the 8th congressional district doesn’t cover Algonquin.

But, surely someone would notice that Steve Greenberg is not a congressman yet. The banner, I fear, would alert the authorities.

But, Greenberg had influential supporters. The Godmother of the pro-life movement in McHenry County, Irene Napier, is holding up one of his signs. Sue Serdar, head of the Pro-Life Victory PAC is standing behind her.

And, here’s the candidate himself. His wife Kristine, too. A non-incumbent walking, instead of riding. His wife, too.

Besides the Young Republicans, there was this delightful

banner being carried by John O’Neil’s son Johnny.

Supporters of the GOP candidate for state senate, Dan Duffy, probably would get in trouble, too. Not enough name identification to be an incumbent.

But, unlike all the Republican incumbents, but Sandra Salgado, shown in photos above, yesterday and the day before, Duffy is doing one-to-one campaigning. I remember when I was state representative it was a rare parade that I didn’t hand out candy myself.

In the email that accompanied the photos, John O’Neill provided this bit of color commentary:

“We did not hit 300, but we did hit 244!!

“I had some Dems harassing me while walking the parade.

“’Hey John, how’s your bribery campaign going, ha ha ha’

“Referring to our feeding the walkers after the parade.

“I tried to tie it in with candidates taking their own people out for lunch after parades but they wouldn’t listen so I told them, ‘…we take care of our people.’

“Another made comments to the tune of, ‘…200 in Crystal Lake? Yeah, and then you woke-up!’

“I wonder who is going to get kicked-out of the Algonquin parade for electioneering???”

The bottom photo is of O’Neill’s wife Basia and son Jimmy. In the background you can see Republicans troops being fed.