Algonquin Township Road District -Time Card Tuesday #9

McHenry Co. (ECWd) –

If you are new to our Time Card Tuesday series we urge you to catch up by first reading part 1, 2, 3, 4.,5, 6, 7, and 8.   At this point in our coverage, it is abundantly clear, whoever was managing payroll has some explaining to do.

According to records obtained through an FOIA request today, Anna May Miller has contacted the Attorney General PAC office regarding her time cards.  The letter contains some very interesting statements that are worth noting in this week’s Time Card Tuesday.

“Within the last several weeks two bloggers referring to themselves as the Edgar County Watchdogs have published what they purport to be copies of my time cards.”

Purport to be copies of her time cards?

We reported that they were her time cards because when we FOIA’d the State’s Attorney for all of Anna May Miller’s time cards, they produced them.  A public record obtained through the FOIA process is presumed to be true and accurate.  If it is not true and accurate, that becomes an issue for the public body that produced it, not the people reporting on it.

“They are attacking my character and integrity based on their interpretation of documents that I am unable to access.”

Clearly, she is familiar with the articles written about these time cards, so to claim she is unable to access them would be a misrepresentation because they are all accessible for viewing and downloading in the articles covering them.  The articles report on the math problems of the public record, not a persons character or integrity.

“As you can see by Mr. Gasser’s response he claims to have no time cards to provide me”

Welcome to the club, Ms. Miller.  On May 31st, 2018, we were told the following regarding our FOIA for the same time cards.

“The Highway Department is not in possession of any timecards from Anna May Miller.”

The next couple of comments from Anna May Miller are most interesting.

“As the incoming Highway Commissioner {May 15, 2017), he was the individual with direct access to all these time cards.”

How would Anna May Miller know what access the current Road Commissioner had to these records?  Considering the courts made it very clear the keeper of the records is the Township Clerk, it would appear a claim the Highway Commissioner has direct access would be inaccurate.

Our investigation led to our getting these time cards from the State’s Attorney, who I understand obtained all of Anna May Miller’s time cards through a subpoena during the ongoing criminal investigation of matters tied to her husband’s action as the former Highway Commissioner.

When we FOIA’d the SA Office, we got the records.  So if all of these requested time cards were in fact turned over to another public body as part of their criminal investigation, it would only make sense that they would not be available to the Road District or the Township, at least until the point they are returned.

“If he denied the Edgar County Bloggers…”  

There is no “if” to the denial.  We were denied those records from the Road District.

“then where would they have received them…”

From the State’s Attorney’s office through an FOIA request as we have stated numerous times.

“and if he provided the Edgar County Bloggers copies of these documents why is he denying me access to these same documents?”

He denied the Miller request because he does not have the records.  Any assumption that he provided them to us would be a false assumption.

While her letter never actually asked for a request for review of the matter, we are glad the AG PAC office asked for more information, however, I don’t think the Miller’s are going to like what could be a troubling response.

From the PAC: “In your response, please include a detailed description of the measures taken to search for the records Ms. Miller is seeking, including a description of the specific files, databases, or other recordkeeping systems that were searched, and the specific departments and individuals that were consulted. Additionally, please state whether the Department employed Ms. Miller during the above – referenced time period, and if so, how the Department maintains records of the time she worked.”

The search should have been pretty simple. Since the Clerk controls all the records, simply ask the Clerk to search all the records, both paper and electronic.  We understand the Clerk confirmed there were no records.  Maybe the PAC office can get to the bottom of how the Clerk searched for the records and then everyone can see the problem with records access lies with the records keeper, Karen Lukasik.

As far as specific files and databases, considering the computers were scrubbed prior to her husband’s departure, there probably is no database with this information.  I would provide the PAC with a copy of the computer forensic report that proved records were scrubbed from the computer system and done while both Bob Miller and Anna May Miller were employed at the Road District.

The most interesting request from the PAC is their interest in how the department maintains records for the time she worked at the Road District. Since records were scrubbed from computers, I don’t think such an answer could be obtained from anyone other than the very person seeking the records.  She is the one who would know how the department maintained those records while she worked their so maybe they could ask her where such records would be?

A copy of the AG PAC letter and corresponding communications can be downloaded at this link or viewed below.

PAC-Letter-on-Time-Cards-to-Road-District

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