McHenry County Blog

Grafton Township Road Commissioner Jack Freund sits next to his attorney Patrick Coen at the 2011 Annual Meeting of Grafton Township.

Everybody’s got lawyers in Grafton Township.

Supervisor Linda Moore has John Nelson.

The Trustees have an Ancel Glink Partner Thomas Dicianni, at least for their case involving Moore.

Assessor Bill Ottley has Mike Poper.

Road Commissioner Jack Freund has Patrick Coen.

If one looked at expenditures to determine what the purpose of Grafton Township is, one might be excused for thinking it was to enrich attorneys.

Having heard more evidence than he undoubtedly wanted to, for the most part Judge Michael Caldwell has ruled on Moore’s side of the case.

Now the Assessor’s and the Road Commissioner’s attorneys are seeking changes of venue.

Neither want Judge Caldwell to hear their cases.

The Road Commissioner’s attorney will be in court Tuesday, the Assessor’s lawyer will be there Friday.

Grafton Township Supervisor Linda Moore stands with arms crossed looking at Township Trustees the night of December 12, 2009, one of the nights the Trustees censured her.

It was the 30th day of the month of March where we left off looking at the Ancel Glink bill for defending the four Grafton Township Trustees in Linda Moore’s Separation of Powers suit against them and Township Attorney Keri-Lyn Krafthefer.

Page 4 of what Grafton Township law firm Ancel Glink calls its "Linda Moore v. Grafton Township" section of it March invoice. Click to enlarge.

Litigation Partner Thomas DiCianni adds to his 3¾ hours on the previous page for court time and a phone call with Township Administrator Pam Fender “regarding access to desk.”

On this fourth page of the $18,500.75 invoice to defend the Trustees and his partner Krafthefer, DiCianni bills for

• a quarter hour for “telephone conference with Pam Fender regarding Township phone lines,”
• a half hour for a “telephone conference regarding Moore’s efforts to undo order,”
• a quarter hour to “review Motion to Continue Depositions; Motion to Reconsider,”
• a quarter hour to “research cases regarding powers of Township Board,” and
• a quarter hour to “research case issues and correspond on same.”

Partner Krafthefer, not billing for two hours while in court, did bill for

Keri-Lyn Krafthefer

• a quarter hour to “prepare correspondence to police department and state’s attorney regarding server,”
• a quarter hour to “confer with witnesses prior to court hearing,”
• an hour for “numerous phone calls advising clients regarding implementation of court order; prepare correspondence to AT&T regarding DSL line,”
• a quarter hour to “confer with Forensicon regarding states of forensic evaluation of server,”
• an hour “confer(ing) with Trustees LaPorta and McMahon to update on court proceedings this morning” (McMahon attended the hearing, along with Trustee Betty Zirk and Township Administrator Pam Fender.),
• a quarter hour in “preparation of revised document received for Plaintiff’s (Moore’s) deposition notice,
• a half an hour “review(ing) materials regarding senior bus service and waiver; prepare correspondence to State’s Attorney,”
• a quarter of an hour “communicat(ing) with AT&T regarding phone service,”
• two and a quarter hours “outlin(ing) issues for amended counterclaim; begin drafting chronology of events,” and
• a final quarter hour “review(ing) general provisions for general assistance law.”

105.75 hours for the firm of Ancel Glink, totaling $18,193.75 in legal fees.

In addition there is shown $306.98 is in photocopying bills and a fee to subpoena Supervisor Linda Moore’s husband David for a deposition.

The final page of the Linda Moore v. Grafton Township invoice for March, 2010.

The last page of the four-page bill contains the $18,500.75 total.

Grafton Township Trustees Barb Murphy, Rob LaPorta, Betty Zirk and Gerry McMahon.

This article covers the third page of the $18,000.73 bill from the Grafton Township law firm Ancel Glink for services regarding the Separation of Powers suit filed by Supervisor Linda Moore against the four Township Trustees.  We are now on the third page where more March 19th bill notation are shown.

March 19th, a Friday, Keri-Lyn Krafthefer spent 3.75 more hours researching “powers and duties of supervisor and other legal issues raised in the complaint.

Monday, March 22nd, Jeff Jurgens was researching the subject as the supervisor’s limitations as a Chief Executive Officer.

Krafthefer, meanwhile, was preparing more correspondence to Huntley Police Detective Kevin Keane.

March 23rd, Tuesday, Krafthefer shared her information in the counterclaim with the McHenry County State’s Attorney’s Office and exchanged correspondence with the police detective.

Besides that Krafthefer’s time was spent coordinating “issues with Forensicon relating to mission public records.”

Wednesday, March 24th, Krafthefer worked on

• the “issue of the DSL line failing,”
• “items needed for depositions,
• “bill payment issues related to allegations in amended counterclaim,”
• “responses to false allegations in Supervisor’s Complaint,” and
• drafting “initial sections of amended counterclaim.”

Thursday, March 25th, was phone day. Krafthefer was on the phone two hours with AT&T “regarding supervisor’s unauthorized hijacking of Township phone numbers, plus “numerous phones (sic) calls with Township’s officials regarding same.”

She also conferred with the “forensic computer technician” and the “State’s Attorney’s investigator.”

The township attorney drafted a “Notice of Motion and Motion.”

Krafthefer also “finalize(d) materials for court” and “prepare(d) witnesses for hearing.”

Also on the job was Ellen K. Emery, another $185 an hour attorney with Ancel Glink. She prepared a ‘Notice of Motion for Emergency Motion for Temporary Restraining Order and g(o)t notice to opposing counsel.”

Almost eight hours of billing in total.

Friday, March 26th, Thomas DiCianni and Krafthefer were off to court with Betty Zirk, Gerry McMahon and Pam Fender. Moore was there, too, but her Rockford attorney John Nelson could not make the morning hearing.

DiCianni billed 4 and a half hours for the court hearing.

Krafthefer prepared for and attended the court hearing on the TRA, billing 2 hours, but noting in parentheses “NO CHARGE.”

For 3.75 hours Krafthefer

• worked on issues related to evidence,
• met with the State’s Attorney’s investigator,
• exchanged correspondence with AT&T,
• had several phone calls with AT&T and “Township regarding same,” and
• conferred with an unnamed client regarding status.

Come Monday, March 29, DiCianni was researching “cases on supervisor’s powers on board,” while Krafthefer still working on the problems with AT&T and reviewing “correspondence campaigning (sic) about denial of general assistance benefits.”

She was also offering advise about an “issue related to forensic computer evaluation.”

The first part of the Tuesday, March 30th, bill appears on page 3 of this section of the bill titled Linda Moore v. Grafton Township.

March 30th was the day of the Township Trustees’ effort to obtain direct telephone service from the township phone numbers.

Since no photographs are allowed in courtrooms, this one of Ancel Glink Partners Keri-Lyn Krafthefer and Rob Bush from the Grafton Annual Town Meeting will have to suffice.

DiCianni billed 3.5 hours in court “regarding hearing on Motion for Temporary Restraining Order before Judge Caldwell,” plus another quarter hour for a “telephone conference with Pam Fender regarding access to desk.”

For the rest of what was charged taxpayers for the day during which DiCianni replied  a terse, “No comment,” to the First Electric Newspaper Editor Pete Gonigam’s question for one, you’ll have to wait until tomorrow.   That’s the day DiCianni’s and Krafthefer’s clients were threatened with being found in contempt of court.

Linda Moore on the phone in the outer office of the township supervisor's long-time complex in the Grafton Township Hall.

That was the hearing in which Ancel Glink got what it asked for, but not what it wanted. It resulted in Judge Michael Caldwell’s ordering the Trustees to allow Moore back in her and her predecessor’s office complex.

Yesterday, we presented the bill for the first two days of the Linda Moore v. Grafton Township Trustees suit that was filed on March 10th.

Lots of action on the part of Ancel Glink to defend the Trustees who did their best to replace Supervisor Linda Moore.

We got halfway through the March 12th bills when we reached the end of the page.  So, onto page 3.

Today we finish revealing what was done on the rest of the March 12th and work through to March 19th.

Ancel Glink bill for Linda Moore v. Grafton Township from March 12-19. Click to enlarge.

March 12th, Keri-Lyn Krafthefer conferred with the McHenry County State’s Attorney and the Huntley Police Chief. With the billing being for a half an hour and the firm charging in fifteen minute increments, it looks like two phone calls. Another quarter hour was billed for reviewing “correspondence from State’s Attorney regarding next steps of criminal investigation.”

Associate James Olsen continued researching “background materials for court” for three hours, billed at $105 an hour.

Krafthefer continued to work with Township Administrator Pam Fender regarding the Annual Town Meeting, in this case the notice. What that has to do with the lawsuit is beyond me.

That finished up the third day after the case was filed.

Saturday, March 13th, Krafthefer was working hard. She billed 4 and three-quarters hours continuing drafting the counterclaim, a motion for a preliminary injunction and finalizing court pleadings.

The firm took the Sabbath off.

Monday, March 14th, Thomas DiCianni, the attorney who did the talking in court the next day, reviewed the resolutions regarding the supervisor and the material for the upcoming hearing.

Grafton Township Hall, the touring of which taxpayers were billed $370.

Tuesday, March 15th, Stewart H. Diamond, another $185 per hour guy, wrote a memo of “suggestions for litigation response.”

Three and half hours for court for DiCianni. Next, an hour to tour the Grafton Township offices “for background information.”

Then, a two hour meeting with Huntley Police.

Six and a half hours at $185 per hour.

Jeff Jurgens spent an hour and a half finishing a memo on “litigation issues.”

Krafthefer was busy for five hours

• 

  Keri-Lyn Krafthefer

  touring the township hall, presumably with fellow Ancel Glink named partner DiCianni,

• meeting “with investigators from Huntley Police Department,
• researching and working “on amended counterclaim,” plus
• preparing “correspondence regarding additional items requested by police department for investigation.”

Tuesday, March 16th, was a big billing day for Ancel Glink, too.

Krafthefer spend a quarter hour reviewing “information regarding criminal investigation” and forwarding it to an investigator. No indication of whether it was to the Huntley Police Department or the McHenry County State’s Attorney’s Office.

Associate Olsen worked seven hours researching “necessary background materials” and reviewing “documents from same.”

Krafthefer also reviewed correspondence from the highway department “with employees.”

Wednesday, March 17th, was a light day at the office, just two and a half hours billed.

Krafthefer prepared correspondence to the Township Trustees regarding the status of the counterclaim and the motion for a Temporary Restraining Order against Moore, as well as correspondence to Detective Kevin Keane, who it turns out is with the Huntley Police Department, with the information he requested.

Olsen spent an hour scanning and organizing documents from the McHenry County Clerk’s Office.

March 18th, a Thursday, was also an inexpensive day for Grafton Township taxpayers, just a hour and a half billed.

Krafthefer “exchanged(d) correspondence regarding criminal investigation,” gathered information requested by Detective Keane and prepared correspondence to him, as well as researched case law regarding employees.

Friday, March 19th, Krafthefer worked on “discovery matters and list for rider,” whatever the later is.

More on March 19th billings tomorrow.

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.”

Grafton Township Supervisor leaving of the McHenry County Courthouse with her attorney, John Nelson, and husband David.

The hearing before Judge Michael Caldwell Tuesday was supposed to be about Moore’s attempt to move phone lines so she could answer them off-site.

Friday Judge Thomas Meyer had ordered telephones to be under the control of Grafton Township Attorney Keri-Lyn Krafthefer, but since Township Supervisor Linda Moore’s attorney was in another court due to the short-noticed request for a Temporary Restraining Order (TRO), Meyer scheduled for a Tuesday hearing before Caldwell, who has Moore’s separation of powers case.

Tuesday’s hearing turned out to be as much on Moore’s having been moved out of her office by order of the Township Trustees and newly-hired Pam Fender’s having been moved into Moore’s former space than about mere telephone access.

The Trustees’ motion for a TRO to prevent Moore from switching the phone service from the township office is part of Moore’s separation of powers case being heard by Judge Michael Caldwell.

This is the same judge that put the kabash on the Trustees’ and former Supervisor John Rossi’s attempt to build a new township hall without adequate notice, and ordered a November referendum on whether voters want a new $3.5 million ($5 million with interest) township hall.

But, let’s cut to the chase. Read the court order’s language for yourself:

This cause coming on for status this 30th day of March, 2010, the Court ORDERS;

Linda Moore

1. Linda I. Moore is hereby restored to her office in the Grafton Township Hall ding the township business.2. The telephone lines shall remain in service to the Grafton Township Hall at 10109Vind, Huntley, IL 60102.

3. The access codes, access to offices, access to copy machines, faxes, mail, and any other township information shall not be restricted from any party.

4. The purpose of the Order shall be maintaining the status quo and restoring same to the last peaceable time between the parties.

5. The hearing on this case is set for April 13 and 14, 2010 from April 14 and 15, 2010.

6.The Township Administrator shall not be excluded from the office designated as the Township Main Public Office on Exhibit “A” attached to this order for reference and made a part hereof.

Grafton Township Trustee Gerry McMahon

Grafton Township Trustee Betty Zirk

Township Administrator Pam Fender

Discussion of the outer office part of the court order was going on between Moore attorney John Nelson and Trustees’ Ancel Glink’ litigating attorney, Thomas DiCanni, when one or more of the Trustees present—Gerry McMahon and Betty Zirk—plus Township Administrator Pam Fender said something.

“What’s the problem?” Caldwell asked sharply.

“I don’t want to hear any objection or interjection.

“If you can’t follow that simple advice, I will (hold you) in contempt of court.

“I have only used it twice, but I will use it a third time.

“Do you understand me?”

For the rest of the hearing, the three did not interrupt.

The possibility of holding Grafton Township officials in contempt of court came up in the prior suit as well. (Here’s where you can read about the earlier contempt comments.)