McHenry County Blog

Robert Bush

Robert Bush was in Judge Michael Caldwell’s courtroom today representing the Grafton Township Trustees. None of the Trustees were present.

Supervisor Linda Moore was accompanied by her attorney, John Nelson.

Before the judge came in, there was some exchanging of paperwork, which I misunderstood.

I thought Bush was withdrawing from the case, but, no, it was Nelson who was had agreed to withdraw the petition that was on the docket.

“It makes it easy for me,” Bush observed.

“This case is over except for the appeal, some of which is OK, some of which isn’t”

When informed of the change in plans, which freed up two hours in Judge Caldwell’s schedule, he said, “OK.”

And out the door the attorneys and Moore went.

Moore’s attorney Nelson provided the following commentary:

John Nelson

“They did pay the auditor’s bill and I’m going to consider that an olive branch and see if I can work with attorney Bush to see if we can resolve the issued that have boiled over during this term.

“Supervisor Moore is willing to make one last attempt to resolve matters short of all-out litigation.”

When asked if mediator Rob Hanlon would be assisting, the answer was, “No.”

“I’m going to try to work directly with attorney Bush. He was instrumental in getting the auditor’s bill [paid] for the first year.

“If efforts at reconciliation are unsuccessful, we still have plenty of time to litigate matters enforcing the court order before Judge Caldwell.

“My client would like to see an end to the lawyers’ never ending legal bills in this case.

“We are putting the ball into the Trustees court on that matter.”

As I was leaving volunteer mediator Rob Hanlon was conferring with Nelson to find three dates that could be offered to Township Assessor Bill Ottley’s attorney Mike Poper at one of which a compromise between Ottley and Moore would be sought.

In the next section of Grafton Township Attorney Ancel Glink’s bill we get to the juicy parts.

This part, totaling just over $18,000 is entitled, “Linda Moore v. Grafton Township.” This concerns the Township Trustees’ reaction to Supervisor Moore’s Separation of Powers lawsuit.

This is the bill for the day Linda Moore filed her suit against the Township Trustees, plus the day and a half later. Click to enlarge.

The counter move to the Trustees having stripped Moore of most of her duties and office was filed Wednesday, March 10, 2010, and not surprisingly, the first work done by Ancel Glink appears that day—12 and three quarters hours worth.

Five lawyers were involved:

• Daniel J. Bolin
• Robert K. Bush
• Jeffrey R. Jurgens
• Keri-Lyn Krafthefer
• Scott A. Puma

Linda Moore had single practitioner John Nelson prepare her suit.

So, what did Ancel Glink do the first day?

The words “review” and “research” appear a lot. One of the cases reviewed involved Worth Township, which I believe is the one that says the Supervisor hires all employees, if there are less than five. There are less than five in Grafton Township under the Town Fund. Jurgens is researching the powers of township trustees and “retention powers of board.”

Krafthefer advises “clients of victory.” The judge did not issue a Temporary Restraining Order as Moore requested. She also begins preparing a response and counterclaim.

Thursday, March 11th saw Associate Jason T. Olsen added to the team. He worked on creating the “Pleadings section of file regarding search,” plus reviewed the TRO filing.

More research took place regarding case law about the “day-o-day management of township employees.” Two hours by Partner Rob Bush.

Meanwhile, Krafthefer was working on “research regarding forensic computer technology company to recreate missing Township records” and drafting a response to Moore’s suit, plus preparing “correspondence to (Township Administrator Pam) Fender regarding items needed for lawsuit.”

“Only” 5.75 hours billed Thursday.

Friday, March 12th billing entries on page 1 of the Moore lawsuit shows 8.5 hours. (4.5 more show up on page 2 of this section of Ancel Glink’s invoice.)

Thomas G. DiCianni, a litigator with the firm, spent an half an hour reviewing the paperwork.

Jurgens continued researching “disputes between trustees and supervisor.
Krafthefer was researching, too, and talking with Township Trustee Betty Zirk, Fender and Moore’s attorney. 4.75 hours getting ready for court.

She spent another hour and a quarter preparing an “opinion requested by Supervisor regarding Trustee’s ability to direct employees to assist with their statutory functions.”

The Township Trustees’ law firm, Ancel Glink, has sent a bill for over $36,000 for the month of March.

Ancel Glink Partners Keri-Lyn Krafthefer and Rob Bush before the April 13, 2010, Grafton Township Annual Town Meeting.

That doesn’t count the time spent preparing all the resolutions that weren’t voted upon at the Annual Town Meeting and the giving of additional advice in April or the price of having two Ancel Glink partners—Keri-Lyn Krafthefer and Rob Bush—at the meeting.

The bill’s format makes it easy to write a story. It’s divided by purpose:

• Corporate (including, I would guess getting newly-hired Township Administrator Pam Fender squared away – $8,678
• Linda Moore v. Grafton Township (the separation of powers suit by the Township Supervisor against the Township Trustees resulting from the Trustees’ attempt to strip Moore of her non-statutory duties) – $18,501
• Daniel G. Ziller, Jr., et al v. Gerry McMahon, et al (the suit that stopped the Trustees and former Township Supervisor John Rossi’s plan to build a new township hall, costing $5 million when interest is included, without asking permission of the voters) – $926
• Annual Town Meeting the meeting was held April 13th) – $8,328

I read this and conclude that the real purpose of Grafton Township government must be to provide lawyers with money.

As the Bible in Luke 12:34 (King James version) says,

“For where your treasure is, there will your heart be also.”

Perhaps not coincidentally, it follows a verse (New American Standard) that states in part,

“Sell your possessions and give to charity…”

Providing welfare actually is a function of township government.

Grafton Township budgeted $79,671 for General and Emergency Assistance in this year.

$51,963 was spent.

$18,056 went to assist down-on-their-luck township residents.

$33,900 went for the employee which dispenses it.

Here it is, right on the official Grafton Township web site:

Announcement about excluding the non-voting public from the Grafton Township Annual Meeting, as of 12:45 PM on Friday, March 12th. Click to enlarge.

“Only registered voters may attend (and press), you will need to show some form of ID and your name will be matched to our County voters registration roles.”  (Emphasis added.)

Ancel Glick attorney Robert Bush

Guess whoever made the decision to put that up on the web site didn’t have an adequate understanding of the requirements of the Open Meetings Act.

Last night at the regular Grafton Township Board meeting, Ancel Glick partner Rob Bush disabused the trustees of any notion that they might be able to keep the non-registered public out:

“It is a public meeting so anyone who wants to come can come.”

Guess it’s time to change the web site.

Maybe it will be changed by the time you read this.