McHenry Township votes for another referendum to eliminate township

The McHenry Township Board on Thursday voted to again put a referendum to eliminate the township on November’s ballot.

However, a question remains about whether it is legal after the measure was voted down by almost 80% of voters in March.

Several board members, including Trustee Steve Verr, believe that if the question is written differently, it can be placed on the ballot for the Nov. 3 election. The action would go into effect Feb. 8, 2021, if approved.

“If they are so sure that it isn’t going to pass, why are they trying to stop it from getting on the ballot?” Verr said.

Township Attorney James Militello, however, believes that the measure cannot be placed on the ballot again for two years after it fails.

According to state law, “Referenda provided for in this section may not be held more than once in any 23-month period on the same proposition.”

Verr and fellow board members then voted to have Attorney Robert Hanlon, well-known for representing the Algonquin Township Road District, to represent McHenry Township in the matter, stating, “This action is necessary because of the ongoing and continuing conflict with the township attorney.”

Verr said he found it conflicting that the attorney previously was defending a lawsuit claiming the township dissolution unconstitutional.

“Mr. Militello has no business giving us legal advice, especially wrong advice,” Verr said.

In January, the township’s road district lawsuit against McHenry County and Gov. JB Pritzker claimed that the law allowing McHenry County voters to dissolve the area’s 17 townships through referendum is specific to the county and, therefore, is in violation of the Illinois Constitution.

The McHenry Township Road District withdrew from the lawsuit after the township board voted to take the funding for the lawsuit out of the road district’s budget, Highway Commissioner Jim Condon said during the meeting as discussion between Condon and Verr got heated at points.

Verr claimed that Condon had “fired” Militello, and Condon objected.

“Please don’t put words in my mouth; don’t lie, just tell the truth,” Condon said. “And don’t laugh, by the way. Everybody is so tired of your arrogance and your laughing at all of us because you are so much smarter than us because you are secret CIA or whatever. But don’t insult us with your stupid laughs.”

Condon said he believed hiring Hanlon would cost the township thousands of dollars. Hanlon previously charged Algonquin Township $400 an hour for his services.

Hanlon also came under fire for plagiarizing a legal brief in a lawsuit in 2018 against Algonquin Township Clerk Karen Lukasik, former Highway Commissioner Bob Miller and his wife, Anna May Miller.

McHenry Township Trustee Bob Anderson proposed adding to the ballot a measure explaining the benefits of eliminating the township.

“We can choose the wording on the ballot to ensure voters are not confused over what they are voting for,” Anderson said.

The statute states that the ballot to dissolve the township can’t be brought up again for 23 months, McHenry Township Supervisor Craig Adams said.

State Rep. David McSweeney, R-Barrington Hills, said he isn’t familiar with McHenry Township’s newest proposal.

“I know nothing about it,” he said. “If there’s any dispute, it’s for the local townships to decide. But there’s nothing in my bill that refers to 23 months.”

McSweeney said that his No. 1 target for township elimination remains Algonquin Township.

“I just want to give local voters the power to make that decision,” he said.

A proposition to dissolve the township, Verr said, would “save taxpayers’ money and reduce waste in this time of fiscal crisis.”

He said Illinois is in a financial crisis and has one of the highest rates of property taxes nationwide.

For Condon, eliminating townships is a “simple answer” to confront financial concerns.

“The state of Illinois is in crisis,” he said. “Unfortunately, the state of Illinois being in a financial crisis has nothing to do with McHenry Township. McHenry Township has kept its levy flat and reduced by 10% for the last 10 years. If you want to look at where real problems are, look at where the real money is. Don’t look at the township.”