McHenry Co. (ECWd) -
Once again, the Algonquin Township Board (Circus Clowns), played games, and again, the Board's ignorance and their Attorney's silence will cost the taxpayers more money.
Back in December of 2018, the Township board played games with the Road District Levy to include fabricating a false claim that if they don't pass the levy then the taxes will revert to the prior year levy numbers. I explained the failures of Dan Shea and Melissa Victor in that meeting in this article and we urge everyone to read it to grasp what their actions have caused. My closing line in that article was spot on.
"I predict more action in the courts due to more failures by the Township Board all while their attorney sat silent and allowed them to ignore their obligations."
Two days after our article we wrote this one, which also exposes their ignorance of how to run a simple township government.
As predicted, another tax objection lawsuit was filed in the County naming several public bodies to include Algonquin Township Road District and Riley School District 18. As it relates to Algonquin Township Road District, the very issues I raised last year are specifically outlined in the complaint.
- Failed to adopt a valid levy
- Voted against they levy December 12, 2018 (Shea and Victor voted NO)
- Voted for the levy at a special meeting that did not meet the obligations for such a meeting (Minutes from the special meeting) A note of interest is this is the same action that brought a lawsuit against the Township for violating the obligations of a special meeting early in the year. That case is 18CH000824 and the next hearing is set for January 17, 2020.
- The lawsuit alleges Roberts Rules were adopted however we have not found any record of that. We contacted the attorney seeking evidence of that but have not recieved any response to our request. The person making the motion to approve, which is nothing more than a motion to reconsider, was Rachael Lawrence. Lawrence was not a person who can make a motion to reconsider under Roberts Rules of order.
- "The Board failed to conform with the law as it pertains to meeting notice, and parliamentary voting procedures."
- "For these reasons, the entire Road District levy ordinance remains invalid as a matter of law, and those taxpayers listed on Exhibit B should be rebated the taxes paid to the Algonquin Township Road District."
For those not familiar with how the Road District levy is handled, it was the Township Board's responsibility to adopt the levy as we outlined a year ago. Sadly for the taxpayers, their attorney James Kelly sat silent when the Clowns ran their meeting. Just as we said before, Kelly's silence has ensured he will have more billable hours to defend the very actions he watched take place and said nothing. While this is a case against the Road District, the actual fault lies with the Board, but we predict the anti-Gasser crowd will try to make this about the Highway Commissioner Andrew Gasser rather than place the blame where it belongs, the Township Board and their Attorney James Kelly.
The lawsuit goes on to expose the School District for over taxation. "The average annual, three-year cost for the Education Fund was $2,967,847.67, or 3.27 times the amount of the reserve balance of $8,460,997 in the District's Education Fund. In Illinois, it is well-settled that funds having over twice the annual average cost state a prima Jacie case of excess-accumulation." It also alleges the same issue with the Transportation Fund, Operations and Maintenance Fund, and the Liability Insurance Fund.
As we read the law, we believe the Road District and the School District will lose this case and we will see a settlement before it gets that far along in the courts. Considering this has been an ongoing issue with the Algonquin Township Board, we will not be surprised if additional court filings take place naming the Township Board and their attorney as defendants due to their clear failure to do their job.
You can read the lawsuit by downloading it at this link or view below.