Below is Illinois Leaks interpretation of the latest filing by Algonquin Township Road District attorney Robert Hanlon. It is reprinted with permission.
Algonquin Township Road District -Response filed to Bob Miller’s motion to dismiss
Of particular interest is the Road District trying to recover the sick pay Miller received from the Road District. This particular matter is well documented and Miller’s own affidavit confirms that payment from the road and bridge fund was erroneous.
How does one get away with keeping funds they swear under oath was erroneously paid from that fund?
While many will argue Miller is entitled to his sick pay, even though he failed to disclose any such liability on any of his required annual reports, his own affidavit and court filings should be taken seriously.
And while others want the legal battles to stop in Algonquin Township, many have rightfully argued that this action is exactly in line with the direction given by the State’s Attorney as it relates to Miller’s spending.
“We note too that the Township’s or Road District’s interest here can be readily vindicated in civil court by suing to recover any spending deemed inappropriate.”
Considering Miller himself has declared in an affidavit and court filings that his receipt of over $47,000.00 from the Road District was erroneous, it appears Andrew Gasser is on track to recover at least some of the inappropriate funds taken by Miller.
If Miller believes he has a valid claim for sick days then he should take that matter up with the Township Board, the entity he claims owed it to him.
We urge everyone to read the 16-page filing along with the supporting exhibits. Doing so will broaden the understanding as to how our laws are applied, as well as inform the public of facts not making it in the local paper.
Facts such as these:
Because Miller has acknowledged that the $47,384 payment was made to him in error, this Court should not dismiss this cause because his admission demonstrates that he has received Road District assets and retains them knowing that he should not have received them. Likewise the minutes of the Township Board do not show any approval of any expenses for the Road District as alleged in the Motion to Dismiss.”
“Here, the Road District funds were to be used specifically for Road District purposes within Algonquin Township, but instead they were used to purchase personal items and give away its assets and even pay money to Robert Miller”
“Miller agrees that he was not supposed to be paid these funds from the Road District; and Miller retains those funds”
“As a basic maxim in the law a person cannot both acknowledge that he was not entitled to receive money and then contend it is just to keep that money.”
You can view the filing below or download it at this link. Keep in mind the actual response to the motion is 16 pages. The file will reflect over 300 because of all the exhibits that are a part of the case.
“How does one get away with keeping funds they swear under oath was erroneously paid from that fund?”
This implies Miller under oath said the word erroneously which never occurred, rather it was a error by the Gooch that was corrected.
Click on the link provided, go all the way to the last page or three:
Lawyer Gooch filed this in error:
“2. First, Defendant alleged that the sick pay raised in Plaintiffs Response was paid from the general town fund. Defendant should have alleged that the sick pay owed Defendant was a liability of the general town and erroneously paid through the road and bridge fund at the time of payment, for sick days earned when MILLER was not an elected official, but was an employee.”
After reviewing the document changes were sent in to a few days later to reflect that that document should read the reverse that the liability was that of the road and bridge fund and it was erroneously to say it was to be paid through the general town fund.
Hanlon and Gooch are lawyers that make mistakes, unfortunately that means more tax $$$$ wastes.
The Dog’s most excellent Waltzing without all the facts costs taxpayers also.
Gooch screwed up and when we exposed it, he tried to correct the record but to Miller’s detriment. Facts suck for Miller.
Cant dispute accurate reporting. Miller is screwed.
“After reviewing the document changes were sent a few days later”?
Or after reviewing the article, 6 days later he tries to change his position? few days? LOL https://edgarcountywatchdogs.com/2018/01/algonquin-township-filed-court-documents-conflict-with-sworn-township-records/
We busted him out for the mistake, which was an attempt to make Gasser the dumb one. Gooch said:
“Only because of unfamiliarity with the township code and the records of Algonquin Township the highway commissioner presently fails to understand that the liability he speaks of was a liability of the township for sick pay as the road district had never paid the highway commissioner’s salary or sick days, there is no reason such a liability would be listed in the annual report.”
While Gooch attempted to cast bad light on Gasser, he failed to do his homework before he opened his mouth. The correction he made reports the erroneous payment should have been from the town fund. Wait, I thought he said Gasser fails to understand the liability? LOL
Judicial Estoppel. Can’t have it both ways. When you plead a position in verified documents you can’t spin your way to the opposite position in a different verified document.
Definition of “Gooch”:
The scientific term for this area of your body is the perineum, and it acts as a wall between your anus and your balls.
Kirk Allen deserves high kudos for his valiant efforts at exposing the rotten corruption of these crooked townships.
Gooch tried to keep his crooked client outa jail, but in doing so, set up a reimbursement on .02% of the Miller rat’s combined rip offs on the taxpayers’ dime.
Why shouldn’t Gasser try and get that money back since Kenneally won’t do a damn thing about blatant corruption!
Kirk Allen is just a mouth piece for Gasser.
Where was he 3-4 years ago when Miller was the Road Commissioner?
Hey, Mr. Pokorny, where the hell were you!
Stephen, we were right here in the same place as now.
We get involved when people ask for our help and in this case, contrary to claims, Gasser had NOTHING to do with our initial involvement.
I had never even met the guy or talked to him until well after our work was in play.
You can take all the shots at us you like and it won’t change a thing in our operations.
We help people all over this state and if we are a mouthpiece for anyone, it’s the people who get blasted on social media for speaking up.
They are afraid and or unwilling to take the type of crap people like yourself dish out.
We welcome the attacks because if you’re not taking flak, you are not over the target!
Such sanctimonious BS, kirk.
You present yourself and your thugs as “for the folks”, but yet you divide communities with conspiracy winks and nods.
Create distrust between citizens of our communities while attacking public servants with innuendo and contextual half truths.
You are nothing but a libertarian political hack that gasser and cal bow to because you have no moral compass when it comes to good governance.
gasser is a perfect example of how you will tie your BS to any fool to get elected.
From day one when gasser pulled his political stunt of firing employees with no due process it has only gotten more silly.
And yet, you and yours still spin his unstable behaviors and expenses each day.
So don’t come around here acting like a savior of our community.
If you were on to Miller before Gasser where is the evidence?
It seems you take things that are already in the public domain, form an opinion then take credit for it.
I don’t care what you do.
I’m just incensed that you are looking for a pay day at the expense of the Algonquin Township taxpayers.
I have a low tolerance for bullshit which is what you dish.
“We welcome the attacks because if you’re not taking flak, you are not over the target!” by your own words and responding to me, I guess I’m over the target.
Nunda- I was working on two campaigns to get Miller ousted.
Asking questions like how Anna May can claim a pension from the county board which required 20hrs per week to qualify for and still claim a pension from the township as a full time employee, when she spent those supposed 20 hours at the county.
Kirk-You still have not answered my question.
You gave me some corporate generic line about truth justice and the american way, but not what your end game is for Algonquin township, that you think deserves a payday.
After all by your own account it’s only .68 cents a person.
What do we get in return other than your ongoing OPINION.
You want evidence that we were on to Miller before Gasser?
Where is that coming from?
Where is the evidence to the contrary?
You insinuate that we carry Gasser’s water while ignoring the fact I had never even met the guy.
We had multiple sources of information initial and at that state, Gasser was not one of them.
Stephen, it is clear facts don’t matter to you.
It is also clear nothing I say is going to change your mind.
I answered your question and you imply the response is not true.
Maybe you should get ahold of the proper authorities and find out what other things are still in the criminal investigation stage, of which we brought to the table.
Things we have not written about nor has the SA.
As far as our getting paid, how do you propose the lawyer get paid to hold these people accountable to the law?
If you don’t like what we write, don’t read it.
The list of positive input from people is much longer than your presented opinions.
There are a lot of people that for the first time have actually read the laws applicable to local government and have a better understanding of them.
That is part of what we do, educate.
Great for you on the Anna May Miller pension.
Take it one further and cross-reference the time cards at Algonquin with minutes and expense reports from the County.
The discrepancies are most telling, and quite possibly criminal.
As far as Algonquin Township, Attorney James Kelly is the biggest problem in our opinion as he has mastered how to keep things in litigation instead of actually reaching out to solve the problem.
To date, he has done nothing but obstructed any positive resolution which must include providing the documents we have requested.
Some of which, when exposed, will not be good for him.
He was handling all the FOIA’s and what better way to get paid than not provide them and then have to litigate the matter.
Every letter of denial he writes he gets paid for when in reality the Township could simply turn over the records.
I don’t expect you to understand all the inner workings of what we do, how we do it, and why.
All I can tell you is our track record is pretty damn good and while some feathers get ruffled, we have fixed a massive amount of problems in this state to include being both, directly and indirectly, responsible for over 168 criminal indictments.
The indirect indictments were the result of others we assisted in taking appropriate steps in their local government. T
There work resulted in indictments.
Stephen and tom: Instead of complaining about some mythical “payday” you should focus your anger at Trustees, like Lawrence and Victor, for voting to throw another $15K (of your money) into the settlement.
That’s right, I said it, by voting to decline payment, they increased the payment by $15k so far, and it keeps on climbing each and every month it goes unpaid.
It will soon eclipse the original settlement.
I guess if I have to take the flaK, I must be over the target.
I don’t care about your track record.
Atta Boy give yourself a pat on the back.
Tell us why .68 cents per person is an appropriate payment.
What are the Algonquin Township taxpayers getting specifically.
We already know the entire operation is a joke and has been for years.
Kelly is a fool.
Nobody seems to care how much all this foolishness is costing.
The original complaint by Gasser amounts to what $100,000. and he has spent $400,000 on attorneys already and we are no where near getting any return.
Pile on the Salt fiasco (a mistake, I get it. not criminal) and the number just keeps growing.
Now add in the union bullshit which was political payback.
How is wasting all this money good.
How is all this making Algonquin Township a better unit of government.
Why don’t you ever call out Gasser.
All you do is defend him and then deflect to others like Kelly.
Yes the Millers should be indicted, both of them.
But how will That help the township?
They are gone.
Holding people accountable cant be done without spending money.
Jm Kraft- every chance I get I call them out.
But that doesn’t mean you are helping anything.
You are still part of the problem.
Who are you crappin.
You fully intend to collect something.
Tom I guess we aren’t allowed to call the dogs out.
After all they are the “good guys”.
We are just supposed to eat the crap they serve in name of good government reform.
I’d still like to know how they think they are fixing this?
Exposing the board as incompetent?
We already know that.
What happens in two years when most of the board is gone and Gasser doesn’t win a second term.
Who is going to fix all this.
Legal fees and suit settlements could cost upwards of a million dollars.
All you have managed to do is stoke a fire that will continue Gassers witch hunt for his political payback agenda.
Miller in jail.
Great put another feather in your cap.
We will have to still clean up this mess.
Again sorry if I’m not impressed.
Stephen, we do not do what we do to impress you or anyone else.
As far as us collecting something, sure, we will collect something and it all goes towards our expenses.
I will say it again if you don’t like what we write, don’t read it.
Yes, fixing it is going to be a challenge and as we have said for years, it normally takes about 2 election cycles to truly fix this kind of thing.
While you continue to bash us you fail to understand how many other townships have learned what not to do from those in Algonquin.
No feathers in our caps.
All the feathers belong to the great people that have the courage to stand up and seek help.
They get the credit.
Again spare me the sanctimony.
If I haven’t hit a nerve then why do you care what I have to say?
Again I don’t care what happens in other township, I care what happens here.
You are still part of the problem.
Kirk Allen for Governor!
Stephen you have not nor ever could hit a nerve with me.
Facts are what I stand by not your “sanctimonious” BS you keep spewing.
It is clear you don’t care about any other place than your own community and that in itself speaks volumes about you.
As a state, you sir are part of the problem as it is clear you don’t care about any place but home.
Enjoy your misery.
If I haven’t hit a nerve,then why do you keep defending yourself with sanctimoniuos BS. Put another feather in your cap.