Linda Moore

Now both sides in the Grafton Township Separation of Powers suit have filed their briefs.

Moore’s attorney, Rockford-based attorney John Nelson, gave his 7-page argument to the McHenry County Circuit Clerk Thursday.

Ancel Glink, the township trustees’ multi-lawyer firm, filed its brief previously.

Moore’s attorney makes pretty much the same arguments he made in his original request for injunctive relief.

He argues that the Supervisor is the Chief Executive Officer of the township and Judge Michael Caldwell should craft his decision based upon that premise.

The Grafton Township Board seen in a meeting. The Trustees are, from left to right, Gerry McMahon, Betty Zirk, Rob LaPorta and Barb Murphy. Supervisor Linda Moore is standing.

Nelson says the authority claimed by the trustees is based upon “the fact they have a majority of the Board.”

Grafton Township Trustee Betty Zirk extolls the virtues of a new Township Hall at the 2009 Annual town Meeting.

The whole case results from the voters electing a candidate “whose opposition to a new township hall is in direct opposition to the position of the Board.”

“The central legal issue involved is the age old issue of the separation of powers or the branches of government. The board of Trustees is the legislative branch of government which is seeking to impose its will on and usurp the duties of the Supervisor, or in the township structure, the executive branch of government. It is this issue that makes this case important, complicated, and difficult to deal with.”

“The court should not substitute its judgment for the judgment of the voters of Grafton Township.”

The brief continues,

“For better or worse, the Grafton Township citizenry chose Linda Moore as the Grafton Township Supervisor. Once the electorate spoke their will and wisdom must carry the day. By statute 60 ILCS 1/170-15 and … 25, 30, 35 the township supervisor is the C.E.O. And the C.F.O. Of the township. There are no conflicting statutes or cases that stand in the way of the township being led by the township supervisor. As a result this court should enter an order declaring that the township supervisor runs the township, period…

“The Supervisor should be given by this court the absolute right to control her offices, telephone lines, township mail and manage the township finances…”

Judge Caldwell is asked to “order the supervisor has the right to hire and fire all township employees under her direction. This includes the Town Administrator and Township Attorney…” (and be given) “the sole right…(and) ability to contract on behalf of the township.”

Services contracted by trustees should “be paid by the trustees who contracted for those bills to confirm that only the Township Supervisor can negotiate contracts for the township.”

Nelson further asks the court to terminate the services of attorneys Ancel Glink, as previously was done (by Supervisor John Rossi) “without board authority.”

“Supervisor Moore may continue to administer Grafton Township in a manner the trustees find perplexing. Such is the will of the people for both sides,” Nelson writes.

Nelson also asks that he be given until close of business today to file a petition for his legal fees.