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.

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.

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.

Township Attorney Keri-Lyn Krafterfer on the left, Township Administrator Pam Fender on the right.

She replied in the affirmative to which Moore asked her to

“Please put that in writing.”

On the offensive again, Moore asked newly-appointed Township Administrator Pam Fender,

“Do you intend to force your way into my office again?”

Discussion then went to the trustees desire to have internet “live access” to the Quick Books accounting program for themselves and Fender.

“A kid in high school can handle Quick Books,” Trustee Rob LaPorta observed. He added that he would exclude records about public assistance.

Then, back to the newly-designated Township Supervisor’s office again.

Gerry McMahon

“You want me to served General Assistance clients in a room without windows?”

“It has a window,” Gerry McMahon said, but was corrected.

“As long was we’re in the majority, we’re in control,”

said McMahon.

“Do you see any errors we’re making here,” LaPorta asked the attorney.

“No,” was the reply.

Rob LaPorta

Linda Moore

“She’s going to hired another attorney to block this thing,” LaPorta said.

“You’re directing an employee to give orders to an elected officials,” Moore said as the township trustees delegated the switching of offices to Fender.

“Motion for Pam to quarterback the move,” LaPorta said.

“Coordinate moving the offices,” McMahon suggested.

“Pam will direct and manage,” LaPorta offered.

That’s when we learned that he was in television at one time. He starting talking about reading the “script.”

“Take 2.

“…for the Grafton Township Administrator to coordinate the three office move that the Grafton Township Board voted upon tonight until completion.”

‘If you’re talking about Pam doing the directing…”

The motion passed, as others previously 4-1.

Then it was budget time.

Proposed Grafton Township Hall

“I messed up last week,” Trustee Betty Zirk admitted.

“All of the trustees did,” LaPorta agreed.

Then they started talking about the $3.5 million budgeted for the new township hall and how they had incorrectly added in about $600,000 that is sitting in the bank from the sale of the township hall to the township road district.

That’s when I took a break in the hall that lasted until the meeting was adjourned mercifully close to 9 o’clock.

= = = = =

Here is Part 1.

Here is Part 2.

The Grafton Township Board meeting started relatively calmly.

“If you want to remove me from office, do it officially,”

Grafton Township Supervisor Linda Moore challenged her board of trustees is where our story about Tuesday’s Grafton Township meeting begins.  (Here is Part 1.)

Grafton Township Trustee Rob LaPorta makes three points to Supervisor Linda Moore.

“You’ve proven yourself incompetent,” Trustee Rob LaPorta asserted.

“We never talked about that,” Gerry McMahon added.

“You are being a micro-manager,” Moore inserted.

“You should resign. Face it,” LaPorta said.

After Ancel Glick attorney Keri-Lyn Krafterfer spoke again without recognition, my notes say LaPorta said, “You have no rights.”

“You do not have a right to an office,” McMahon echoed.

Moore brought up again her attorney’s suggestion that they sit down with the township attorney and a trustee and try to work things out.

“Who would want to talk to you, Linda?” McMahon asked bombastically. “It’s bad enough we have to talk to you.”

“If you move me from my the offices, then you will be impeding my duties,” Moore added.

“Then sue us,” LaPorta said.

Grafton Township Attorney Keri-Lyn Krafthefer

“The actions of these trustees will lead the township into litigation,” Moore relied.

The township attorney again took the offensive:

“The supervisor is not entitled to an office.”

“You have received poor legal advice,” Moore told the trustees.

The subject jumped to emails, which have been requested under the Freedom of Information Act.

“I don’t have any emails,” Trustee Barb Murphy said.

A Linda Moore supporter wore this tee shirt to the township meeting.

“You’ve been withholding them from me,” Moore said to the trustees.

At this point LaPorta said,

“It’s a comedy.

“The Grafton Township Reality Show.”

Raising his voice again, McMahon interjected,

“I keep telling you. It’s four against one and you lose.”

= = = = =
More tomorrow.

$5 million (including interest) Grafton Township Hall that Grafton Township Linda Moore helped stifle before and after wining election last spring.

But, unlike the previous meetings, the real reason for the conflict—Grafton Township Supervisor Linda Moore’s decisive role in killing the $5 million (including interest) new township hall—didn’t come up except in revising the budget as the meeting was winding down.

The township board decided to move Moore out of her two-office complex into a windowless office heretofore occupied by the very part-time township clerk.

To the conference room will go Moore’s assistant, right next to the public bathroom.

While Township Trustee Rob LaPorta thought “none of (the instructions ordered by the board the week before had been carried out) but the (provision) of a stapler has been accomplished,” Township Administrator Pam Fender answers repeatedly indicated they had.

Moore went on the offensive, telling the board members she had talked to Assistant Illinois Attorney General Paul Gaynor about criminal violations concerning taking, hiding or destroying public records.

The cover of this month's magazine for township officials: "Supervisor is... manager, coordinator, administrator of township"

“Trustees should not cross over from governance to management,” Moore stated as she
passed out the cover of the latest edition of the township officials’ magazine. On the cover of Township Perspective is this headline:

Supervisor is…
manager, coordinator,
administrator of township

Later Moore accused the trustees of micromanaging township affairs.

“The employee works for the official. The board may have no employee of their own,” she read, apparently from the magazine article.

“That wasn’t a reflection of law,” interjected Township Attorney Keri-Lyn Krafterfer of Ancel Glick, who often seemed to be in control of the meeting.

‘The Huntley Police say I have the right to have my office locked,” Moore continued.

From left to right, Grafton Township Trustees Gerry McMahon, Betty Zirk, Rob LaPorta and Barbara Murphy.

“Stop threatening us,”

Trustee Gerry McMahon shouted.

“Until we get a letter from the Huntley Police, (it means nothing),” LaPorta said calmly.

“How would she like being at home?”

McMahon thundered.

“We are moving out of her office and into her clerk’s office,” LaPorta continued.

Interrupting, McMahon said, “I’ve heard many townships don’t provide an office.”

= = = = =

Here is Part 2.”>Part 2.

Grafton Township Trustees revising the budget six weeks before the end of the fiscal year. $50,000 was transferred from a contingency line item.

I’d forgotten how boring budget committee mark-ups could be.

That was the first order of business at the Grafton Township meeting Monday night.

Held at the Huntley Park District headquarters (the old high school that local taxpayers have had the privilege of paying for twice because of Illinois’ multi-layered form of local government), the main order of business seemed to be to make sure there was enough money to pay newly-hired Township Administrator Pam Fender, who is also a Huntley Village Trustee.

Pam Fender advising Rob LaPorta during the meeting.

The budget discussion went on and on.

And in the reallocating of $50,000 in contingency funds, making sure Fender would get paid was the primary objective.

Consider these three separate comments from Trustee Rob LaPorta:

“We have to keep in mind we have to add Pam’s salary in this. Plus benefits.”

“…and Pam’s has to be factored in here, too.”

“Is there going to be enough for Pam?”

What the officials side of the room looked like.

Before the meeting started, Fender asked me not to take pictures from behind the row of desks where all but Trustee Gerry McMahon sat and not to sit on the counter as I had for a while during last week’s too long meeting.

I told her that there wasn’t room behind the desk and asked her why she cared whether I sat on the counter top.

She said I might fall off, get injured and sue the township, that I was “a litigious person.”

I told her I haven’t sued people, that she ought to get her facts straight before making such a charge.

Perhaps she was relying on the Northwest Herald’s account of its owner’s suit against me. If so, check out the court files. The paper sued me, not the opposite. My legal representation by Patrick Ouimet was outstanding, as was the result.

(Or maybe Fender is thinking about the days forty years ago when I sued about 2,500 people a year for non-payment of Personal Property Taxes when McHenry County Treasurer–a deliberate statewide strategy to get the General Assembly to abolish the tax that actually worked–but I doubt she’s been around long enough to remember that.)

In any event Fender was in a take charge mood, interrupting to say,

“Trustees, this isn’t going to go anywhere,”

when discussion veered to mistakes made by listening to various lawyers and bond counsel about how it was legal to borrow the $3.5 million from the Harris Bank.

Some of the audience at the meeting.

That made me wonder why the board has not looked at recovering the $600,000 plus dollars that the trustee side of the table accused the taxpayer side of the table of costing township taxpayers.

Surely the attorneys who gave advice that led to actions Judge Michael Caldwell and the 2nd Appellate Court ruled improper have legal malpractice insurance.

Grafton Township Administrator explaining what she needs to do her job.

But, there I go talking about potential lawsuits, helping make Fender’s point, I guess.

Later when the board was methodically, stripping Supervisor Linda Moore of every duty not specified by state law, the high speed copy machine, her files on other subjects, that is, leaving her with nothing to do but administer welfare relief and be treasurer of the township, Fended asked,

“Can I say something?”

Moore replied,

“The time for public comment is over.”

Fender’s comment was

“I’m an employee now.
“I’m an employee now.”

I’ve attended a good number of municipal meetings and, while city managers or village administrators sometimes interject themselves into the meeting without being asked, that is rare. Maybe Huntley’s village board meetings have a different dynamic.

Trustee McMahon was vociferous as usual.

Grafton Township Administrator advising Trustee Gerry MaMahon.

Joining trustees, Administrator Fender attempted to calm Trustee McMahon down when he got excited.

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.

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.

Grafton Township Clerk Dina Frigo makes a point at a township board meeting.

Confirmed by Grafton Township Trustee Rob LaPorta, Grafton Township Clerk Dina Frigo has resigned.

“Resignation of clerk confirmed. She is excited about a new full time job and will be putting full focus on that and her family.

“We thank her for her time with us and wish her much success.”

I assume Township Supervisor Linda Moore will nominate Frigo’s replacement.

Moore and Frigo have been at odds.

But any nomination would have to be confirmed by the township board on which LaPorta seems to be the leader.

It will be interesting to see if the two sides can agree upon some more or less neutral or non-involved person for the job.

Maybe selecting a professional secretary who cares not one wit for politics might be the answer.