McHenry Co. (ECWd) -
Today I received a response to my Freedom of Information Act request for key documents related to the illegal contracting of a person to work for the Algonquin Township Clerk which we covered in this article. In short, we hope whoever drafted the contract she provided is not a lawyer as first-year law students wouldn't make these kinds of mistakes.
We have confirmed that was no authority to enter into this contract, no board action, no agenda items, and no minutes reflecting proper action ever taken. With that in mind, these are issues we see with the contract the Clerk signed.
- The law does not permit the Township Clerk to sign contracts for services. We challenge the attorney that drafted this to prove otherwise. If it was not an attorney that drafted this, it shows.
- The Algonquin Township Clerk is not a unit of local government as claimed.
- No approval by the Township Board, which is the unit of local government, to pay any set wage figure.
- No termination date of contract set. Evergreen clauses are not legal with public bodies.
- Gives non-public employees unfettered access to public records.
- Permits contact with Township attorney, who more than likely will bill for this unauthorized legal communication. Unauthorized because such an expenditure requires board approval.
- Only reports to the Township Clerk.........who had no authority to contract with this person.
- Comply with the Drug-Free Workplace Act. - LOL
Let's look at the application of the Drug-Free Workplace Act, as whoever put this in the contract is a real piece of work.
"Drug free workplace" means a site for the performance of work done in connection with a specific grant or contract of an entity whose employees are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in accordance with the requirements of this Act.
Since the Algonquin Township, Clerk's office is not a site for the performance of work done in connection with a specific grant nor is this contract with an entity who has employees, the Act does not apply to this contracted kid, who we understand has ties to the law firm representing the Township.
According to the law as it relates to applicability of the Drug Free Workplace Act, 30 ILCS 580/2 (g) "Contractor" means a corporation, partnership, or other entity with 25 or more employees at the time of letting the contract, or a department, division, or unit thereof, directly responsible for the specific performance under a contract of $5,000 or more.
The kid that was hired does not meet the definition of a contractor for applicability to the Drug-Free Workplace.
And no, we are not endorsing the use of drugs while working there.
- Nonemployees are not bound by public body policy, specifically a policy prohibiting sexual harassment.
- All provisions of the Illinois Human Rights Act deal with employer and employee obligations. This kid is neither and since he has no employees working for him, that law does not apply.
- Claims the contract can be terminated without cause --never mind there was no legal authority to enter into this contract in the first place. Has anyone told them this contract is void ab-initio?
- The contract claims nothing within this agreement shall be construed as creating a relationship of
employer and employee, or principal and agent, between the Township and the Contractor. No kidding? The reason is because this contract IS NOT between the Township and Contractor. It is an illegal contract between the Township Clerk and a contractor, just as it says in the first paragraph.
- Contractor cant speak to the press? A gag order on his 1st Amendment? Never mind that he can say all he wants to the person standing next to the reporter!
This is yet another example of how out of control some local elected officials are. If this contract was done under the direction of an attorney, we suggest immediate termination of those legal services. No matter how anyone wants to argue the content of this contract, the one thing we know without question, it is an illegal contract from the moment it was signed because the Clerk has no authority to enter into such a contract.
Once again, we urge the Township Clerk to Resign. The abuse of power is crystal clear and should not be tolerated.
You can download the contract at this link or view below.
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