Algonquin Township Salt Bid Muffed

A press release from Algonquin Township Road Commissioner Andrew Gasser:

Each year the Algonquin Township Road District has been purchasing salt to ensure the roads of the District are safe.

Each year the Road District uses at least 2,000 tons of salt.

The Village of Oakwood Hills has agreed to purchase excess salt form the Road District because the District has the facilities to store salt without it being subject to waste.

Algonquin Township salt dome.

Presently, there is a shortage of salt and the Road District has secured the necessary supplies for this next winter.

However, due to an oversight, this year’s purchase was not put out for bid.

To remedy this situation, the Road District is considering several options and has conferred with its counsel.

Until there is a remedy to the situation, the Road District will not disburse any payment to any supplier until all such actions comply with state law.

Illinois Leaks beat me to the punch in posting the information I received late yesterday afternoon.

Here is its story:

Algonquin Township Road District – Good governance comes with ownership

McHenry Co. (ECWd) –Over the last 6 years, we have found very few public officials that actually take ownership of their operation…….when they screw up.Last week we recieved multiple tips regarding a recent salt deliver to the Algonquin Township Road District.  One of interest was from the actual Highway Commissioner, Andrew Gasser.

“I’m sorry, I screwed up”

The communication was welcoming to us as normally when public officials “screw up” they take steps to cover up rather than simply owning the mistake and fixing it.

In this case, the winter supply of salt was ordered and delivered however there were no requests for bid, thus no bids recieved.

Recognizing the mistake Gasser sought counsel from his attorney and the matter is being addressed.  Of interest is the press release issued relating to this matter.

“Until there is a remedy to the situation, the Road District will not disburse any payment to any supplier until all such actions comply with state law.”

Actions always speak louder than words and in this case, the actions of Andrew Gasser appear to be of ownership for his mistake and seeking a correction before any taxpayer money is expended.

The Highway Code requires bidding for certain matters when the cost is greater than $20,000.00.  Those requirements can be viewed at this link.  Salt would fall into this requirement.

According to Gasser, the salt was not bid out last year either which could be problematic for the seller if a taxpayer wished to seek recovery of funds used to pay for that salt.  It is the obligation of the seller to ensure the sale meets the required obligations under the law.

Void ab initio: Contracts entered into in violation of law, statute, or local rules are void from the beginning. “Further, a party contracting with a city is presumed to 291*291 know whether the city is prohibited from making a contract, and a contract made in violation of section 8-1-7 is void ab initio and cannot be enforced by estoppel or ratification.” Ligenza v. Vill. of Round Lake Beach, 478 NE 2d 1187 – Ill: Appellate Court, 2nd Dist. 1985. —AND — “The general rule, however, is that when an employee of a municipal corporation purports to bind the corporation by contract without prior approval, in violation of an applicable statute, such a contract is utterly void.” DC CONSULTING ENG., INC. v. Batavia Park Dist., 492 NE 2d 1000 – Ill: Appellate Court, 2nd Dist. 1986. 

In short, any such sale is void and funds could be recovered from the vendor who recieved the funds in a civil action.

By all indications, Gasser has recognized the mistake and taken correct steps to ensure this issue is dealt with and that our laws are followed.  We understand mistakes happen and while some will choose to make this into a mountain, it clearly is a bump in the road to good governance.

Thank you, Mr. Gasser, for recognizing you screwed up and taking corrective measures to ensure this does not happen again.

The press release issued [is above].

ALGONQUIN TOWNSHIP

Algonquin Township Road District – Good governance comes with ownership

McHenry Co. (ECWd) –Over the last 6 years, we have found very few public officials that actually take ownership of their operation…….when they screw up.Last week we recieved multiple tips regarding a recent salt deliver to the Algonquin Township Road District.  One of interest was from the actual Highway Commissioner, Andrew Gasser.

“I’m sorry, I screwed up”

The communication was welcoming to us as normally when public officials “screw up” they take steps to cover up rather than simply owning the mistake and fixing it.

In this case, the winter supply of salt was ordered and delivered however there were no requests for bid, thus no bids recieved.

Recognizing the mistake Gasser sought counsel from his attorney and the matter is being addressed.  Of interest is the press release issued relating to this matter.

“Until there is a remedy to the situation, the Road District will not disburse any payment to any supplier until all such actions comply with state law.”

Actions always speak louder than words and in this case, the actions of Andrew Gasser appear to be of ownership for his mistake and seeking a correction before any taxpayer money is expended.

The Highway Code requires bidding for certain matters when the cost is greater than $20,000.00.  Those requirements can be viewed at this link.  Salt would fall into this requirement.

According to Gasser, the salt was not bid out last year either which could be problematic for the seller if a taxpayer wished to seek recovery of funds used to pay for that salt.  It is the obligation of the seller to ensure the sale meets the required obligations under the law.

Void ab initio: Contracts entered into in violation of law, statute, or local rules are void from the beginning. “Further, a party contracting with a city is presumed to 291*291 know whether the city is prohibited from making a contract, and a contract made in violation of section 8-1-7 is void ab initio and cannot be enforced by estoppel or ratification.” Ligenza v. Vill. of Round Lake Beach, 478 NE 2d 1187 – Ill: Appellate Court, 2nd Dist. 1985. —AND — “The general rule, however, is that when an employee of a municipal corporation purports to bind the corporation by contract without prior approval, in violation of an applicable statute, such a contract is utterly void.” DC CONSULTING ENG., INC. v. Batavia Park Dist., 492 NE 2d 1000 – Ill: Appellate Court, 2nd Dist. 1986. 

In short, any such sale is void and funds could be recovered from the vendor who recieved the funds in a civil action.

By all indications, Gasser has recognized the mistake and taken correct steps to ensure this issue is dealt with and that our laws are followed.  We understand mistakes happen and while some will choose to make this into a mountain, it clearly is a bump in the road to good governance.

Thank you, Mr. Gasser, for recognizing you screwed up and taking corrective measures to ensure this does not happen again.

The press release issued can be downloaded at this link or viewed below.

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Comments

Algonquin Township Salt Bid Muffed — 7 Comments

  1. That’s your answer Cal. Opps I am sorry. My bad. So all is forgive. Thats all it takes. My god man have a little respect for yourself. Gasser is tool. Admit you backed a tool. Gasser you are a tool.

  2. LMAO: “We understand mistakes happen and while some will choose to make this into a mountain, it clearly is a bump in the road to good governance.”

    The Dog’s have gone into cover up mode.

    No mention of the over the top salt costs, state bid and economies of scale either?

    The Clerk and Supervisor have both admitted to making mistakes, yet the Dog’s have called for their resignations?

    Why haven’t the Dog’s called for the Highway Comm resignation other than bias?

    The Dog’s are no better than the NWH and this blog at times.

  3. I got this from Facebook Cary Grove Politics:

    Rachael Lawrence typed this:
    “Pete Suffield, I think what Kirk is saying is that the “illegal” salt purchase that was delivered during the “illegal” paper-shredding event at the Road District last Saturday was “illegal”—BUT it’s totally okay, because Andrew Gasser did it instead of Bob Miller.”

    Even Rachael has finally seen the Dog’s bias BS for what it is, same as the NWH’s nonsense.

  4. Wow.

    This is a fairly serious “my bad” from gasser.

    I have seen suppliers sue for a lot less than this.

    More costs.

    gasser simply is not qualified for this job.

    Not sure anyone can cover this up if potential bidders from the past two years want to pursue this foul up.

    More of my money spent on lack of experience.

  5. As the head of Algonquin Township Road District what are the two main commodities used during the calendar year???

    Salt and Asphalt!!!

    So this gassing genius might be to busy to scheme with his wine connoisseur lawyer for additional moves to fleece the Alqonquin taxpayers.

    It always amazes me that people without any skill and abilities think they can replace people with knowledge, training and experience.

  6. heard bob millers ball and chain anna mae is making him run for office, apparently she’s in need of new clothes and Granny needs to by Christmas presents

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