Algonquin (ECWd) -
Once again we must emphasize the importance of Article VIII Section 1 (a), (b), and (c) of our State Constitution and Dillon's Rule. For those who don't realize it, violation of that section of our State Constitution can be and has been prosecuted as a Felony crime.
Article VIII SECTION 1. GENERAL PROVISIONS
(a) Public funds, property or credit shall be used only for public purposes.
(b) The State, units of local government and school districts shall incur obligations for payment or make payments from public funds only as authorized by law or ordinance.
(c) Reports and records of the obligation, receipt, and use of public funds of the State, units of local government and school districts are public records available for inspection by the public according to law.
(Source: Illinois Constitution.)
We challenge the Algonquin township to provide the citizens with information on how the use of a township credit card to purchase personal items to include women's clothing, gift cards, meals, and airline tickets for a non-employee has any public purpose.
In addition, part (b) outlines payments are only authorized by law or ordinance. What law allows payment from Township funds for personal clothing, meals, and airfare, just to mention a few?
As it relates to 1(c), we have asked for numerous records and are looking forward to proving our point even further!
In legal language, the first part of Dillon's Rule reads like this: Local Governments have only three types of powers: 1.) Those granted in express words; 2.) Those necessarily or fairly implied in or incident to the powers expressly granted, and 3.) Those essential to the declared objects and purposes of the corporation, not simply convenient, but indispensable.
As Dillon's rule is applied to the credit card spending on Bob Millers Township credit card, we find the following to be true:
- There are no express words granting the power to use public credit to purchase non-public business items, such as women's clothing, gift cards, meals, etc.
- Those purchases are not "necessarily" or "fairly implied in" or "incident to the powers "expressly granted", which they must be in order to be legal purchases.
- Finally, the purchases exposed in the credit card statements below are clearly not "declared objects and purpose of the corporation, which is the Township.
You can review the purchase made on the credit card at this link or review below. It won't take much brain power to see numerous purchases that have no public purpose for a Road District.