McHenry Co. (ECWd) -
Algonquin Township Supervisor Chuck Lutzow has been entangled in an alleged breach of fiduciary duty and constructive fraud case as the treasure for the Township Road District funds. We covered the initial filing of that court case in this article.
The lawsuit was focused on the public funds of the Township Road District not being placed in the proper name of the Road District. Recently obtained bank records pertaining to the opening of those accounts reflect Lutzow signing key documents as the Secretary (clerk), of Algonquin Township Highway. (See page 4 and 11 of the bank records)
While we have no knowledge if Lutzow is the Secretary of Algonquin Township Highway, an unknown entity, we do know he is not the Secretary (clerk), of the Township Road District. Why he would sign his name claiming to hold such a title may require some explaining as the case moves through the courts.
In addition to Lutzow signing as the Secretary, which he is not, it appears, looking at the signature, he also signed two pages as another officer attesting to what is a blank signature section for the actual Secretary. (See page 7 and 14 of the bank record). While most banks are pretty finicky with these types of documents it appears American Community Bank and Trust was rather lax in ensuring those signing the documents actually hold the titles they claimed.
The Township code has specific requirements regarding the placing of public funds in a depository. Back in January we FOIA'd the Township for a copy of one key obligation in particular. The Township code requires any bank or savings and loan where new accounts are established to provide a copy of their Statements of Resources and Liabilities required by Section 6 of the Public Funds Investment Act.
I asked for the following:
"A copy of the Statements of Resources and Liabilities required by Section 6 of the Public Funds Investment Act that was provided to the Township by the bank or savings and loan association or any other institution where new accounts were established for both the Township and the Road District."
- September 13, 2017 - The Township board approved the opening of new accounts according to the minutes and resolution adopted.
- September 29, 2017 - Lutzow opens the new accounts signing and claiming to be the Secretary (clerk) of the Algonquin Township Highway
Cart before the horse?
(60 ILCS 1/70-10)
Sec. 70-10. Depository for township moneys.
(a) The township board shall from time to time, when requested by the supervisor, designate one or more banks or savings and loan associations in which the funds and moneys of the township in the custody of the supervisor shall be kept. When a bank or savings and loan association has been designated as a depository, it shall continue as a depository until 10 days have elapsed after a new depository is designated and has qualified by furnishing the statements of resources and liabilities required by Section 6 of the Public Funds Investment Act.
60 ILCS 1/70-10(c) - No bank or savings and loan association shall receive public funds under this Section unless it has complied with Section 6 of the Public Funds Investment Act.
According to bank records, funds were received by the bank in question at least in November of 2017 and possibly sooner.
The required Disclosure Statement from the bank, the one required before receiving any public funds, reflects 2016 and 2017 information, ending December 31 of each of those years.
Looking at the dates involved, it points to the Township not obtaining the required documentation from the bank prior to making the deposits of public funds. It also appears the bank received such funds without providing the required documents to the public body.
Any statement from the bank would have to have been prior to the funds being deposited and would not include information through the end of 2017. The fact the provided document contains information after the deposit tells us Lutzow or some other person went to the bank to obtain the required document in order to comply with our request. While we appreciate getting the record, it clearly points to a timeline problem for both the bank and the Township Supervisor who is entangled in a lawsuit over these accounts.
The fact the disclosure statement from the bank post dates the actual deposit activity indicates the Township Board and Supervisor took action to transfer funds without first getting a copy of the required documentation.
The above information is all based on the assurance that the actual records we asked for are true and accurate from the Public Body. If after publication they magically produce a bank document that pre-dates the deposits, that will indicate they did not comply with FOIA by providing us what we asked for.