McHenry Co. (ECWd) -
***Updated to fix broken link to 4th Amended Complaint.
Just when you think you have seen it all, a new rabbit is pulled from that hat and this one is a doozy.
Trustee Lawrence made a motion at Saturday's special meeting to permit the new attorney to negotiate a settlement in the Bob Miller civil case against the Road District, not to exceed $65,000.00.
In case some people missed it, the Township is not a defendant in this case. A recent motion by Kelly to intervene in the case was done as a mechanism to try to use Township funds to settle the claims against Bob Miller. They believe since they are paying the optional legal bills for Miller, that would give them standing to intervene and have taxpayers pay the bill rather than Bob Miller.
Let this sink in.
Miller is being sued by the Algonquin Township Road District, a separate public body from the Township, for FOR BREACH OF FIDUCIARY DUTY, CONVERSION, CONSTRUCTIVE FRAUD, AND AN ACCOUNTING as outlined in the 4th amended complaint and rather than having the Miller's have to possibly pay back the Road District, the Township wants to use taxpayer funds to make it all go away.
It would do people well to read that complaint to better understand what is happening in this case. The McHenry County State's Attorney made it clear that his refusal to prosecute Bob Miller and others was in part because there were civil remedies for recovery of the inappropriate spending. That is exactly what is happening, but rather than allowing the process to move through the courts and making those responsible foot the bill, the current Township Trustees have permitted James Kelly to intervene in the case in an attempt to create a mechanism for the Township to pay rather than the Millers.
We do not believe the Township has standing considering they were not a party to this case, nor are they obligated to pay Miller's legal bills. We also believe it was inappropriate for Kelly to intervene on behalf of the Township considering Kelly was the legal counsel for Miller both during his time with the Road District and in his capacity as President of one of his private associations. Couple that with the fact the board has not voted on authorizing such action by Kelly, it would seem his actions could be invalidated fairly easily. Kelly has a record of doing things without board approval as this is not much different than recent action taken by Kelly without board authority to settle two tax objection cases for more than the initial settlement offer. Only after exposing that fact did the board take action to "ratify" the improper action of Kelly.
While the trustees attempt to make the taxpayers pay for Miller's actions, we pray the Road District refuses to participate in what is sure to be yet another legal mess created by this board. If township funds are used to pay for a civil action brought by another public body against the Millers, there very well could be lawsuits by taxpayers to recover those Township funds.
The people of Algonquin Township did not pay their taxes to settle civil cases of another public body. We do not believe there is any legal authority to allow this type of action and have been told by multiple attorneys such an action is not legal, but then again, this is Algonquin Township.
- The Road District will not participate in an activity that allows the very person being sued to simply walk away by making the taxpayers foot the bill on his behalf.
- The Miller's will face discovery and depositions and the truth will finally come out.
- The Miller's will lose this civil action and be required to pay the Road District a whole lot more than $65,000.00
We understand there is a hearing scheduled for this case in July. We will update accordingly.