McHenry County Blog

Woodstock attorney Robert T. Hanlon was in courthouse this past Wednesday to offer his services pro bono to mediate differences between the Township Trustees and the Supervisor.

Grafton Township Board:  Supervisor Linda Moore, Ancel Glink Attorney before Judge Michael Caldwell upheld her firing by Moore, and Trustees Barb Murphy, Rob LaPorta, Betty Zirk and Gerry McMahon.

There were court appearances in

• the Separation of Powers case that Supervisor Moore brought against the Trustees when they tried to usurp her office’s Executive powers (which the Trustees are appealing),
• the case brought by Highway Commissioner Jack Freund to get Moore to pay bills including one for his wife’s health insurance and
• the suit by Assessor Bill Ottley against Moore for her refusal to pay re-modeling bills.

That’s what the story written by the First Electric Newspaper’s Pete Gonigam said.

Apparently Moore has agreed to try that approach, but when I asked the apparent leader of the Trustees, Rob LaPorta, if it were true that mediation had been agreed to by the Trustees, I received the following email:

“This is not true.

“Neither Moore nor Trustees have agreed.

“This event will not occur.”

When I sent LaPorta’s response to Hanlon for his reaction, he sent me the following reply:

“After making the offer to mediate, the Township Trustees’ attorney indicated verbally that she would recommend it to the trustees.

“Additionally, Mrs. Zirk and Mrs. Murphy appeared willing to embrace mediation.

“Attorney Nelson, who represents Mrs. Moore agreed to the mediation.

“To test Mrs. Moore’s good faith, I asked for a small concession on Mrs. Moore’s part.

“That concession was granted. (The subject of the concession is not for public comment.)

“It is my belief that Grafton Township is in a complete and total state of dysfunction as a result of personal animus arising from prior events.

“As indicated in the E-mail below [above here], it appears that the trustees are not willing to mediate.

“Unless and until the trustees agree to a good faith mediation, there is nothing I can or will do.

“If a special meeting of the Township board is called to address the mediation process, I will attend and then and there present to the trustees and supervisor a proposal outlining the mediation process.

“If approved and later I determine that a particular party is not acting in good faith I will immediately end the mediation.

“My time is too valuable to play games.

Since the 1973 fiasco of a caucus conducted by the Algonquin Township Republican Central Committee, McHenry County largest township has allowed voters to decide who GOP candidates for township office shall be.

That was the year that first-term Assessor Forrest Hare was challenged by a young school teacher.

While the caucus looked like a three-precinct primary, after the 3 AM Crystal Lake Community High School Field House results showed the school teacher winning by a handful of votes and even the judges weren’t sure the count was correct, the Central Committee members would not allow a recount.

There was no way to legally force a recount, because the committeemen set the rules.

At that time losers could run as a write-in and Forrest Hare did.

And he won.

The local Republican Party really took a beating as every weekday it was taken to task by Crystal Lake WIVS Radio station owner Mal Ballairs on his morning talk show.

To avoid future similar problems, our State Senator Jack Schaffer and I passed legislation to allow township party organizations to select candidates by citizen votes.

When I brought up the idea at Monday night’s meeting in an Algonquin Township Road Commissioner’s building, only I and Lou Anne Majewski remember the 1973 fiasco.

Precinct Committeemen attending the Algonquin Township Republican Central Committee organization meeting on April 9, 2012.

I was immediately met with the objection of cost.

I couldn’t come up with a figure, but with the low turnout of 19% from both party primaries in March (plus non-partisan only votes on referendums) it’s pretty easy to predict that the turnout will be less when only township officials are on the ballot.

The result will be a high cost per vote, which could be lowered if McHenry County Clerk Kathie Schultz can combine precincts.

The projected expense was really the only argument.

But it was a long discussion.

I pointed out that Democrats could have a field day challenging Republican candidates who had been selected in a secret meeting.

Conversely, Republicans could make hay of any Democratic Party candidates who were not selected at the ballot box, but rather by party bosses.

With township government under attack, I argued, the potential negative publicity would not be helpful.

In the end, all of the Algonquin Township Republican Precinct Committeemen present voted to authorize a primary election next February in which candidates for Township Supervisor, Road Commissioner, Assessor, Clerk and Township Trustees would be selected.

Linda Moore

The litigation concerning who has what power in Grafton Township has been long and expensive, but also interesting.  I’ve discussed how it involves the pitting of the Executive, Legislative and Judicial branches of local government with Linda Moore’s attorney John Nelson and an attorney at Ancel, Glink, suggesting the case would be wonderful for law school students.  The one at Ancel, Glink said he would talk to a professor at Northwestern University.

The first case was won by Moore.

Judge Michael Caldwell ruled that she had executive powers much as do village board presidents.  (Both, you will note have a vote on their legislative bodies.)

Ancel, Glink, dismissal by Moore was ratified and Township Administrator Pam Fender, installed by the Trustees to take over pretty much ever duty the Supervisor had had under the man she beat in the GOP primary, John Rossi, performed, except the administration of General Assistance (a very limited welfare program) and keeping the books.

The second time around, Caldwell also ruled for Moore, saying that her choice for Township Attorney, Nelson, would be installed even though he had been rejected by the four Township Trustees.

The Trustees attorney, Thomas DiCianni, seemed visible stuck (read the bottom of the transcript) by Caldwell decision.  After regaining his composure, he asked to appeal and, upon consideration, Caldwell granted him that request.

Trustees Rob LaPorta, Barb Murphy, Berry Zirk and Gerry McMahon won that effort in the 2nd Appellate Court.

Now, Moore has announced that she will not appeal the ruling that Trustees must approve her nomination for Township Attorney.

Last night two Trustees, LaPorta and Murphy, joined more in appointing Michael Torchalski as “Special Counsel” to handle legal affairs in the sale of the Haligus Road property.  That parcel was purchased from the Village of Lake in the Hills for a new township hall.  That decision by the Township Board headed by John Rossi.  Moore used the issue to defeat Rossi in the first GOP primary election in Grafton Township.  (Previous township officials were elected on ad hoc party names.)

Here is the press release from Grafton Township Supervisor Linda Moore:

Grafton Township Supervisor Declines Appeal to the State Supreme Court

Linda Moore, Supervisor of Grafton Township announced today she did not authorize an appeal to the Illinois Supreme Court as to whether it was legal for the trial court to order confirmation of her Attorney, John M. Nelson, as Grafton Township Attorney.

The Second District Court of Appeals reversed the order of the trial court in its decision on August 2011.

“The case involves complicated issues of enforcement of a court’s injunction versus arguments of separation of powers. While my attorney was anxious to have the Illinois Supreme Court decide these important issues, unfortunately, the cost to township taxpayers of such an appeal would vastly outweigh the benefits to Grafton Township and it’s taxpayers, “

Ms. Moore stated.

“The trustees’ attorneys, Ancel Glink have charged a total of $57,379 for just their appeal to the Second District. This is in addition to Attorney Nelson’s charges of $ $11,707.

“I can only imagine how many more tens of thousands of dollars it would cost to make law on this issue,”

stated Moore.

In addition, there is no guarantee the parties could obtain an expedited hearing for a quick decision.

“The Illinois Supreme Court is very deliberate because they set the rule of law in the state, “Ms. Moore said.

“We need a township attorney now, not months from now.”

Ms. Moore pledged she would continue to nominate qualified attorneys to assist Grafton Township in their legal matters. She continued by saying,

“Hopefully the trustees will come to their senses and confirm this appointment so we can move beyond the self-defeating actions that have driven this board.”

The Grafton Township Board wasn’t unanimous in its decisions Thursday night, but there was enough cooperation to pass two motions concerning the potential sale of the Haligus Road property purchased by the previous Board where a new township hall was planned.

The Grafton Township Board spent most of its just over a half an hour meeting behind closed doors.

After a closed door meeting which at time reached quite high decibels discussing subjects other than the sale of the real estate and the hiring of “special counsel (hence, the asterisk in the headline above),” the Board actually passed motions with Supervisor Linda Moore and Trustee Robert LaPorta on the same side.

Although the purchase offer was not revealed, it had to be less than the counteroffer of $120,000, plus expenses.  A motion to that effect was passed 4-1, with only Trustee Betty Zirk voting in the negative

One would assume the expenses would be the cost of hiring real estate attorney Michael Torchalski. plus an appraisal and maybe even the For Sale sign.  On that motion, Jerry McMahon and Betty Zirk voted, “No,” while Township Supervisor Linda Moore and Trustees Rob LaPorta and Barb Murphy voted in favor.

No shouting was heard in the open meeting Thursday night at the Grafton Township meeting.

When asked after the meeting by the Northwest Herald reporter if the prospective purchaser was the American Muslim Community Organization, none of the Board members would say.

The amount proposed to be paid by the interested party was not revealed either.

I filed a Freedom of Information request for both

• the offer, which was discussed by the Supervisor and Trustees, and
• the resolution hiring the attorney.

I am confident that the two documents were put in the public domain by the actions that the Board took in open session.

Several Board members said they would have to ask their attorney.

I pointed out they did not have one, except for real estate.

LaPorta said he had one who would provide free advice.

McHenry County Blog has obtained a copy of the transcript of the May 4th court hearing in the separation of powers suit brought by Grafton Township Supervisor Linda Moore last spring after the Township Trustees tried to strip her of virtually all of her power by giving it to a newly-appointed Township Administrator.

The main result was Judge Michael Caldwell’s slapping down that effort, plus dismissing the Township Attorney that Moore tried to fire, Keri-Lyn Krafthefer, a partner an the law firm of Ancel Glink.

The township officials continue to disagree, which requires continuing intervention by Judge Caldwell.

In a moment of levity not captured on the transcript, Judge Caldwell ended the hearing by saying,

“And the beat goes on.”

Caldwell also tried the case instigated by allies of Moore and including Moore as a plaintiff before she took office as Township Supervisor which ruled that the former Township Board had failed to provide adequate notice when they approved construction of a new township hall. His ruling was upheld by the 2nd Appellate Court.

In the early May court hearing, which you can read here, Caldwell ruled that the Township Trustees must approve Moore’s selection for Township Attorney. That choice is the Rockford attorney John Nelson, who won her separation of powers case against the Trustees.

Needless to say, the Trustees do not want to do so and after the Judge’s ruling, their attorney Ancel Glink litigator Thomas DiCianni asked for a stay of the order so that he could appear what he said was a separation of powers question to the Appellate Court.

The final part of the transcript is reproduced below:

Judge Michael Caldwell

THE COURT: While I’m not unsympathetic to some of the arguments made by Mr. DiCianni, I think the separation of powers question is probably a little overly broad to be applied directly to this particular dispute, primarily because we’re dealing with a unit of
local government.

We are not dealing with the United States of America where the separation of powers between the legislative, judicial, and executive branches is far more important than it is here at the local level.

I am also sensitive to the fact that courts should not be and I believe are prohibited ordinarily from interfering with the exercise of legislative discretion. I don’t want to get involved in the idea
that I have to tell the township that they have to approve this road or this contract or anything else.

I did not run for circuit judge for the purpose of being the township supervisor or the — or a township trustee. I have no interest in running this — this unit of local government.

However, this is a case pending before me in a court of equity. I do have the power to enjoin what I consider to be the continuing violation of a statute.

I believe — I don’t know — This is personal for me. This is a personal remark. I probably shouldn’t make it, but I don’t really know why you would want this job.

But that having been said, I believe the failure or refusal of the trustees to approve Mr. Nelson as the township attorney is merely a pretext to continue their ongoing dispute with Linda Moore, the township supervisor.

It will therefore be my order that at the next regular meeting of the town board that the trustees reported McMahon, Murphy, and Zirk approve the appointment of John Nelson as the township attorney. The fact that he disagrees with them or they with him quite frankly is one of the qualifications for the job.

I don’t come to this dispute or the issue of being an attorney for a local government without considerable experience in this arena, having served as a municipal attorney for 30 years, 25 of those with the City of Woodstock. If I had a reputation for one thing (indiscernible) of those years, it was my ability to tell the aldermen or councilmen of the City of Woodstock or really for that matter any other unit of government I represented, things they didn’t want to hear in the first place.

So I don’t regard the ongoing dispute as being a conflict of interest that would bar Mr. Nelson from serving.

That will be my order.

I want the trustees mentioned by name in any draft order that you give.

Now, I also advise– Somebody is going to have to advise these people if they don’t follow it– They are free not to follow it, but that will activate contempt proceedings.

MR. DICIANNI: Well, I would — I suppose I will have to do this by written motion, but I will be moving to stay the order pending appeal.

THE COURT: It’s not ripe.

MR. DICIANNI: Well, I think it is. It’s an injunction, and injunctions can be appealed–

THE COURT: Okay.

All townships will hold annual meetings tonight were everyday voters have have much say as elected township officials.

The only one sure to have fireworks is at the Huntley High School, where not one, but two meetings will be held.

The regular one is at 7.

But, there’s a special one initiated by petition at 6.

A post card send out by supporters of Supervisor Linda Moore went out late last week encouraging people to attend both meetings.

I’m not sure whether that spurred the broadside from her opponents, which you can see below, or whether it was the filing of the petition for the 6 PM meeting.

Both of these can be found on the anti-Moore web site called Taking Back Grafton Township.

The piece above seems to have inspired the flyer below. Because of the difference in layout, I shall run the left hand side first and, then, the whole piece, which you will have to click on to make large enough to read.

I have no doubt both will be distributed to voters attending tonight’s meetings.

Click to enlarge.

If you are really, really interested in what happened in Judge Michael Caldwell’s courtroom on February 24, 2010, here’s where you can read the transcript that hasn’t already been posted on McHenry County Blog this week.

Grafton Township Trustees Barb Murphy, Rob LaPorta, Betty Zirk and Gerry McMahon at a meeting last year.

There were a couple of parts that jumped out at me.

• a somewhat irritated Judge Caldwell said, “Overruled. I know what it said. I wrote it,” in response to an objection raised by Township Trustees’ attorney Thomas DiCianni objected to the way Linda Moore attorney John Nelson characterized the Judge’s direction on how contracts were to be handled (about 30% into the transcript)
• “The problem is, is that the deal went down outside of the meeting. It went down outside of city hall or township hall. It went down when Mr. LaPorta cozied up with Mr. Brown and negotiated contract and presented a contract to the board as
  a fait accompli,” Judge Caldwell observed, continuing, “It is not the way public bodies do business — and you know that,” talking over DiCianni (about half way through)
• “Don’t hold you breath,” the Judge said when asked about IT Solutions, adding, “Not going to happen. Contracts negotiated by Pam Fender do not stand on solid ground in front of me, number one…”
• “We would ask for sanctions,” DiCianni asked in his concluding remarks.

Continuing with Judge Michael Caldwell’s comments, today we look at three expenditures which the Township Trustees ordered and for which Supervisor Linda Moore was withholding payment when the judge ruled were legitimate.

They are

• payments for transcripts
• videoing of meetings and
• making copies for audience members

On a matter of continuing contention, however, Moore won.

Trustee Rob LaPorta has been insistent that he wants to be able to look at the township books in a “read-only” format over the internet.

Moore’s investigations of the accounting system being used, Quick Books, led her to conclude this was not possible, so she has made them available during office hours at the township office, access that made it difficult for LaPorta to avail himself of.

Here is the part of the judge’s concluding comments in the hearing two weeks ago:

The videographer will be paid.

THE COURT: Q & A Reporting. The trustees have a right to have a transcript of their proceedings if they wish. The Q & A Reporting bill should be paid.

Excellence in Copying. If you want to have additional matters from the agenda printed up to be available for the public for the use and inspection at the meeting, that certainly is a legitimate cost.

Point of Video, the same thing.

Now, on the access to the bills, the court’s going to find that the access to the bills — to the financial records as described by me today by Linda Moore in her testimony is adequate to comply with the court’s order.

She has stated that the records are available during normal business hours, Monday through Friday. They are available at other times by appointment.

I don’t find that to be unreasonable on its face.

Supervisor Linda Moore dislplays financial information on a scree last summer.

I am accepting Ms. Moore’s description of what she has made available on the laptop computer because, quite frankly, she is the only one that I know of who has actually seen it or used it or set it up.

The motion here is brought upon basically suspicion, innuendo, supposition and conjecture; that, because the trustees don’t like it. They want remote access, remote access isn’t necessary.

The problem I have with the Internet is that once you get on the Internet there are all sorts of opportunities for mischief, that quite frankly, in this township we don’t need.

I don’t need it and you don’t need it.

McHenry County Blog has been posting conclusions of Judge Michael Caldwell concerning whether and from where Grafton Township bills should be paid. We have looked at bills relating to the construction of a new township hall, the forensic examination of computer memory, installing a new lock on Township Supervisor Linda Moore’s office after she was kicked out by the Township Trustees.

Both supporters and opponents of a new township hall sent out mailings to Sun City residents urgning attendance. The ones supporting Township Supervisor Linda Moore were paid for with private money. Trustees sought to have taxpayers finance their mailing.

Today we look at a mailing that the Township Trustees put out prior to the Annual Town Meeting at Huntley High School.

Here’s the interchange between Ancel Glink attorney Thomas DiCianni and Judge Caldwell about the mailing:

THE COURT: I will not approve — how did this mailing start, the mailing to Del Webb and why does Del Webb get mailings and the rest of the township doesn’t?

This mailing only went to Sun City residents.

MR. DiCIANNI: Because they weren’t coming to the meetings and didn’t know about it.

THE COURT: They can do it like anybody else does, read it in the newspaper. That’s where it is. It’s in the Herald.

MR. DiCIANNI: Well, it doesn’t make it an illegal expenditure, your Honor, it’s a –

This side invites people to the Annual Town Meeting.

THE COURT: I think it’s purely political.

MR. DiCIANNI: So I –

THE COURT: I think it is political because it appeals to a voting block.

MR. DiCIANNI: There has been no evidence that that voting block has any particular predilection politically either way.

 

Bill from MLSMaing for the postcard to Sun City which Judge Michael Caldwell says was "political" and Township Supervisor Linda Moore "was justified in not paying it."

THE COURT: You target a mailing to a seniors’ community and you want me to believe that it’s not political?

The mailhouse paid $1,500.72 in postage for the postcard to Sun City residents.

MR. DiCIANNI: They would be the last ones to –

THE COURT: It would be hard to –

MR. DiCIANNI: They would be the last ones who would want to approve the building, if that’s what the insinuation is from the point –

THE COURT: I can’t say that.

MR. DiCIANNI: Well, there are suppositions there, your Honor, that I think are not part of the evidence.

THE COURT: She was justified in not paying it.

With Judge Michael Caldwell’s decision on the Grafton Township separate of power suit due to be announced Monday morning, it seems appropriate to take a look at what the dispute has cost Grafton Township taxpayers in legal fees.

The principals in the suit are shown left to right: Trustee Gerry McMahon, Trustee Barbara Murphy, Trustee Betty Zirk (standing), Supervisor Linda Moore and Trustee Rob LaPorta.

Ancel Glink, the law firm for the Grafton Township Trustees, billed $130,296.98 from April through August.

Specifically, the billings were

• April – $18,50.75
• May – $26,373.75
• June – $51,738.75
• July – $26,072.50
• August – $7,611.25

The other side of the dispute billed $32,013.60.

John M. Nelson, the Rockford attorney who represented Township Supervisor Linda Moore is asking for $26,953.60.

He replaced Richard Cowan, who is Barrington Township’s attorney, but officed in Chicago. His bill is $5,060.

So $32,000 for one side, $130,000 for the other.

The township supervisor was outspent over 4 to 1.