Moore censure: Part 3

RELIANCE ON ADVICE OF LEGAL AND CPA COUNSEL:  As Supervisor I rely on sound advice from professionals when carrying out my duties.  Sometimes decisions had to be made when there was no legal counsel or when I couldn’t get an answer from the current attorney.

On September 3rd I was too ill to attend a township meeting.  The road commissioner was out of town.  Rather than cancelling the meeting, my husband was given one of my keys to the exterior of the building and the code to open the building so the meeting could be held.  He did not have the key to the Supervisor’s office which the trustees asked to be allowed to enter that night.  I consulted with TOI and the township attorney before taking this action I responded to a FOIA request dealing with officials salaries.  

I acted with the advice of the Township Attorney regarding all claims and invoices.

Upon the township attorney’s advice, because Attorney Kelly’s bill was received after the cut off for submitting bills it was to be presented at the next regular meeting of the township.

Per Township Attorney direction a $12,000 invoice was paid to Mr. Kelly.  The balance did remain unpaid while awaiting legal review relative to charges which are questionable.  I continued to receive unclear legal advice on whether to pay attorney fees when the budget line item for legal fees has been expended.  At first the Township Attorney was non-responsive to my requests for legal opinion on numerous matters, including this, but more recently, the Township Attorney wrote an opinion to pay the invoices even though there was no money in the legal fees line item of the budget.  The vendor, Attorney Kelly was not appointed by myself as township Supervisor, which is required by statute.  

Four positions were eliminated in my office due to a lack of work.  The township attorney agreed with my action before it was taken.

The clerk was not appointed to take care of FOIAs until the November special meeting.  The clerk does not keep regular office hours.  The FOIAs were directed to the Supervisor.  No township attorney was in place at this time.

Legal questions have not been answered regarding proper payment of invoices when they are not budgeted.

As township treasurer, it is my duty to review and correct any incorrect Quickbooks entries and follow practices set by the township auditor.  This is exactly what I did when entries needed to be corrected.

Grafton Township Food Pantry Missing Checking Account

On May 19th I spoke with the Huntley Post Master because township mail was being sent to the food pantry’s new PO Box.  To correct this, the post master suggested that I should cancel the forwarding order, which I did.

As Supervisor I am the township treasurer.  Township money has been spent on labor and supplies for the food pantry.  The Township Attorney was having conversations with the Harris bank attorney regarding the release of financial records for the food pantry fund at Harris Bank in order to complete the field work for the audit.

When asked, I tell people the food pantry is no longer located in the township building.   TOIRMA does not provide liability coverage to the food pantry and a copy of this TOIRMA letter was sent to the owners of the building due to the fact that the pantry calls themselves the Grafton Township Food Pantry.  The letter was for their information and clarification only as a courtesy.

As Supervisor, I inform all who ask, of the food pantries located nearby including the Grafton Township Food Pantry as a function of my duties of general assistance.  I give the person inquiring a list of all available sources.

The Food Pantry’s ownership remains in question and has not been legally determined.  Trustee Zirk used a check from the Grafton Township Food Pantry to pay for the township’s membership to the Chamber of Commerce.  I rejected this membership on behalf of the township.  The budget has no line item designated for the Huntley Chamber of Commerce.   

The minutes from the last four years include food pantry reports made by the Township Supervisor at every meeting.  The township provided liability insurance for the food pantry until they moved out.  The township provided labor to operate the food pantry.  The township provided monthly pest control services for the food pantry.  Township funds were used to pay an architect to design a second building next to the town hall building at the new site.  Funds were transferred between the town fund and the food pantry fund.  No board action has been taken to form a food pantry 501c3 or to donate items to the 501c3, despite legal recommendation that this be done.  Resigning Attorney Joe Gottemoller states, “Without any action by the Grafton Township board, the Township is out of the food pantry business.” 

Since the food pantry was started by Supervisor Vernon Brunschon in 1989 it has been operated by the township as a government entity.  The IRS cannot provide 990’s for the food pantry dating back to the year 2000, possibly due to its affiliation with the township government recorded in form 1023.

Government property that has been removed without board authorization includes a computer, an answering machine, food and food storage appliances.  No proof has been provided to show that this is not government property.  The board has tabled agenda items to donate property to a non-profit food pantry numerous times.

PROTECT TOWNSHIP: A great number of measures have been taken by myself as Supervisor to protect the township and its employees and clients in areas such as property, mail security, funds, and liability exposure.

The road commissioner changed the locks on the township hall which then included a food pantry as he is the legal landlord per the title to the township property drafted in 2009.  The board approved payment of lock changing bill thereby approving the changing of locks.  Additionally, the Illinois Supervisor’s Guide states, “First, see to township security.  Secure all keys, combinations, locks to buildings, lock boxes, equipment, file cabinets, etc.”  Past practice included keeping the supervisor’s office and files locked.  The clerk was given a new key to her office by the road commissioner.

A computer error caused an employee to be paid for work after she was terminated.  No such work was done and the bank help line assisted me in reversing the unearned payment.

The trustees boycotted four meetings in November after receiving a letter from the Township Attorney with the word boycott in her letter.  Due to the fact that the trustees boycotted four meetings, one of which included a regular board meeting, improper filing of levies may cause the township to lose its levy and thereby its revenue for the next fiscal year.  Special meetings were called to prevent this problem, to no avail.

I received an inquiry regarding the clerk from a lender. To protect the clerk’s privacy, I informed the lender that I would need the clerk’s permission in writing before providing this person with the clerk’s information.  No FOIA was received regarding this matter.

Because of the behaviors exhibited at board meetings I contacted the chief of police of Huntley, He suggested appointing a sergeant at arms and I did indeed appoint a sergeant at arms for a meeting that occurred within a week of my taking office under difficult circumstances to protect the safety of those attending the meeting.

RELIANCE ON PAST PRACTICE:  Because I am new to the elected position of Supervisor, I reviewed township minutes in detail.  The former supervisor offered no assistance to me to facilitate a smooth transition.  The board majority consists of disgruntled carryover trustees who have put a great deal of energy into fault finding rather than serving the taxpayers.  Actions the carryover trustees took in the last four years are now somehow unacceptable.  Here are some areas where I have specifically relied on past township practices to guide my actions.

The clerk has called the police to the township simply because I was trying to talk to her and she sites this as a form of harrassment.  When publishing legal notices, the newspaper assumed the clerk’s name went on the notices as was past practice and inserted it into the notice.  

The township has historically charged Rutland township residents $3 each way for transportation and this is the reason for the charging of out of township riders $3.00 recently.  The problem is in the interpretation of the brochure that was in place before I took office.  No board policy or action was in place regarding the bus rates.  The interpretation was made with no township attorney in place in response to inconsistencies in rates charged to riders in Rutland Township.

All similar meetings called by the supervisor were attended by the trustees.  No trustee contacted the supervisor to alert her that they were unable to attend these meetings or that they believed the meetings were improper.  

The direct deposit payroll was in place when I took office.  I talked with a Harris Bank representative to learn how to do direct deposit.  No employee was asked if they wanted to participate by the previous supervisor, the system was just put in place.  The account information was in the employees’ files and in place when we logged in.  Authorization was in place before I took office.  No record of revocation was provided to me or in the files when I took office.  Currently, only 5 of 19 employees prefer payment by check, 14 employees prefer payment by direct deposit.

SAVE TAXPAYERS DOLLAR:  As Supervisor I have made a deliberate effort to save the taxpayers’ money and spend township funds wisely.

I presented three choices to the board for auditor.  In the 6/25/09 minutes you will read that the trustees unanimously selected their choice for auditor.  

Many volunteers are used to save taxpayers money in the regular office duties of the Township Supervisor.  No volunteers are used to help with General Assistance duties.

Per advice of a TOI official and another township supervisor and due to the fact that no money is left in the budget to pay attorney fees, I did indeed notify the Township Attorney to terminate their services.

Cancelled credit card for fuel purchase: The credit card did not have the assessor’s name on it to identify it as his and charges were being incurred for non-use of the credit card, therefore as township treasurer, I cancelled it.  The assessor now has a fuel credit card with his name on it.

MISINFORMATION:  Some censure items are simply not true.

I have no knowledge of anyone entering the clerk’s room on the day the food pantry moved out.

Attorney Kelly affirmed his termination in court and no complaint was made regarding the supervisor’s authority to terminate him as Township Attorney.  Trustees do not have the authority to appoint the township attorney without the Supervisor’s consent.  No other attorney wanted to represent the township regarding the injunction and appeal because it was a losing case.

I offered, and the Clerk accepted, assistance with organizing and locating files in the Clerk’s office.  The clerk was in the room the entire time with my assistant.  We were attempting to help the clerk find records that have been missing since before I took office.

Regarding alleged violations of board rules: The board rules were not discussed in an open meeting before adoption. On September 3rd when the board adopted the rules, copies of the rules were not made available to the board members at the time.  Board rules were not provided to me until December 8th despite numerous requests to the clerk and the township attorney.  Revisions to the board rules are made monthly, minutes have not been approved for more than half of a year, revised copies of the board rules are not made available to the Supervisor until five minutes before the meetings are called to order.  Township code states that the board may adopt rules not inconsistent with Township Code to govern its meetings.  The Board revoked Robert’s Rules of Order leading to unproductive chaotic meetings.  

I have a witness to the clerk’s removing part of a posted meeting agenda.  The agenda was derived from consulting with the township attorney and it was posted.

Three firms were offered to the board for appointment as township auditor, not including the Brown firm.  I did not include the firm because they because they assist in the month to month township financial work.  The 6/25/09 minutes reflect that they unanimously approved the firm I recommended.  If consideration of Brown, the past auditor, was a concern, raising the subject before voting unanimously, would have been appropriate, however this was not done.  

The clerk is the only township official to have internet service provided at her home.  A billing mix up may have caused her to go without service for one day.  FYI, internet service was not included as a salary/benefit for the clerk when township officials’ salaries were struck.

Mail delivery concerns:  All mail sent to the trustees has been given to them to the best of my knowledge. The practice in prior years was to deliver the mail with their board packet, or when picked up by trustees at the office.  No mail policy was in place.  As township supervisor I take care of the day to day work of the township including receiving township mail.  Regarding the clerk’s letter from Illinois State Archives, this mail was addressed to the township office.  Once opened, I realized it was intended for the clerk and then put it in her mail slot on her office door.

TRANSPARENCY, ACCESSIBILITY, AND REFERENCE: These are the reasons for posting video of a meeting on the township website.  When it was brought to my attention that simply using the same background look for a private website may be a violation of copyright laws, I immediately agreed to correct the situation and contacted my tech to make the requested changes at his earliest convenience.  Trustee LaPorta did not like the way he acted at this meeting and apologized publicly for his behavior at the following meeting.

Linda Moore
Grafton Township Supervisor
February 24, 2010"