Bolingbrook, IL. (ECWd) -
At this week's DuPage Township Finance Committee meeting, former Supervisor Bill Mayer appeared to be worried about a W-2 he was given during his tenure as Supervisor. He spoke on the subject during public comment time. Listen to his threats to sue the Township (HERE)
We will begin this by stating that we covered this payroll issue a couple of years ago noting that employees and officials of a township cannot be paid in advance and cannot receive things not specified in their compensation setting resolution - it violates state law (something Attorney Spina couldn't wrap his head around at the time), and the new Township Attorney covered it in a memorandum (here and our second article here), and the Auditors covered it in their report for year 2018 (here - see page 5).
On Feb 24, 2021, Mayer had his attorney, John Spina (also the former DuPage Township attorney) send Supervisor Felix George a demand letter complaining about the board voting and passing on a measure to issue Mayer a corrected W-2 for the tax year ending December 31, 2018.
The letter demands the Township, in an open forum, during the next meeting (notice how this is worded to make sure that Burgess, Oliver, and George can pass it before leaving office - but forgetting that it can be reconsidered at the following meeting, or simply voted on again to rescind this rescission with a new Board) to rescind the March 19, 2019 action taken to issue a corrected W-2 and to further confirm that the 2018 W-2 was correct.
Please keep in mind that local ordinances or resolutions cannot conflict with state or federal law (such an income reporting requirements), and are deemed void from the beginning - which we believe would apply to any attempt at legislating they will not correctly, or not properly report, income on a W-2.
And...also keep in mind that the Township Board has not voted to waive attorney-client privilege with Spina for him to represent anyone against the Township - which could become problematic with Spina.