Public safety committee approves increase in court fees

By Shelby R. Farrell
Reporter
BOONE COUNTY – For the first time in over a decade, Boone County residents might have a higher price to pay when facing time in court.
The county’s Public Safety Committee approved increases to court fees for civil cases, as wells as “criminal, local ordinance, county ordinance, traffic and conservation cases,” at the Dec. 7 meeting. The increase is supposed to help supplement the costs of Court Security Systems, according to Resolution 15-24.
Committee member Sherry Branson said the fees for civil, felony, misdemeanor and DUI cases raised from $15 to $25, which is a 66 percent increase. For cases that are drawn out and require multiple court appearances, the fee will only need to be paid one time.
However, Branson said the last time Boone County changed the cost of appearing in court was in the mid-90s, and the new price should mirror court costs from surrounding areas.
Residents who attend court over traffic, ordinance and conservation cases could have to pay an additional $8 after other fees and fines as well.
“There’s so many fees on a traffic ticket as it is that it’s something that we’re really going to monitor and see if we can increase it,” Sheriff Dave Ernest said at the meeting. “As of this time, we are just going to go with the obvious offenses and civil cases and see where they take us, but we’ll re-evaluate it in a year.”
The Boone County Board of Trustees will vote on the fee increases at the Dec. 16 board meeting.

Above is from:  http://rvpnews.com/?p=4829

Winnebago, Boone counties feeling pinch from increased juror payments

ROCKFORD — It's been six months since a state law took effect that required county governments to better compensate jurors. Already, budget makers are feeling a pinch.

Effective June 1, Illinois law required jurors be paid $25 for their first day of duty and $50 for each additional day. The previous per-day compensation was $13. As a result, the cost of holding jury trials has risen sharply in Winnebago and Boone counties.

From June 1 to Dec. 31 last year, Winnebago County paid jurors about $27,500. From June 1 to Dec. 9 this year, the county has already paid out $44,100 to jurors. Winnebago County increased its annual trial court budget by $250,000 on Oct. 1 in anticipation of increased juror payments, according to County Administrator Steve Chapman.

"That was the estimate," Chapman said. "It obviously increased our expenses significantly."

In Boone County, Treasurer Curt Newport estimated the state law has raised annual juror expenses from about $55,000 per year to about $115,000.

"We have a much smaller general fund than Winnebago, so that’s a much more serious impact," said Boone County Administrator Ken Terrinoni. "With the budget that the board adopted this year, it keeps our programs in tact and actually adds two sheriff’s deputies. In the immediate future it won’t have a big impact, but long term is different."

Newport said jurors should be paid more than the paltry $13 a day they were paid before June 1, however, the added expense gets tricky at the county level.

"On the one hand if you’re a juror, $25 bucks still isn’t much for a day," Newport said. "And on other hand, if you’re a county scratching and clawing for money, every little bit hurts. I agree we need to pay our jurors better. (But) it’s expensive to administer justice."

Ben Stanley: 815-987-1369; bstanley@rrstar.com; @ben_j_Stanley

Above is from:   http://www.rrstar.com/article/20151211/NEWS/151219882/0/SEARCH

Judge orders Illinois to pay $13M owed for home health care workers' health insurance

 

EAST ST. LOUIS, Illinois — A judge has ordered Illinois to pay more than $13 million to cover the cost of health insurance for home health care workers.

SEIU Healthcare Illinois took legal action against Gov. Bruce Rauner and Comptroller Leslie Munger earlier this month to force the payments.

The union says nearly 5,000 health care assistants could lose insurance Dec. 31 if the state doesn't pay.

Rauner's office said there wasn't spending authority to make the payments because of an ongoing budget impasse.

But St. Clair County Judge Robert LeChien ruled Wednesday that Illinois can't violate its contract with the workers because lawmakers can't agree on a budget.

He criticized a "fiddle while burning posture" of the governor and Legislature and ordered the state to pay within 10 days.

Judge orders Illinois to pay $13M owed for home health care workers' health insurance

Restrictive Wind Ordinance finally passed

The following article and editorial are from The Boone County Journal which is available free of cost at merchants across the county.  See on line at:  http://www.boonecountyjournal.com/news/2015/Boone-County-News-11-27-15.pdf#page=1

 

 

Union Files Restraining Order vs Gov Rauner Over Health Ins Coverage | WJOL-AM

 

A union is filing a temporary restraining order against Governor Bruce Rauner to force the state to pay into a workers health insurance fund. SEIU Healthcare Illinois on Friday filed the order in St. Clair County Court. SEIU says Illinois owes one-point-five-million dollars from the 2015 fiscal year and nearly 12-million dollars for the beginning of the current fiscal year. The union says workers could lose health insurance benefits by the end of the year if the state doesn’t honor its contract.

Union Files Restraining Order vs Gov Rauner Over Health Ins Coverage | WJOL-AM

McHenry County Blog -Algonquin Township’s Tax Protest Suit

Algonquin Township’s Tax Protest Suit

Posted on 11/17/2015 by Cal SkinnerNovember 17, 2015

3

Tax protest attorney Tim Dwyer is suing Algonquin Township on behalf of local property taxpayers for having too much money in the bank to justify levying real estate taxes.

 

Algonquin Township officials gathered in the Township Hall for the October, 2012, Board meeting.  Dan Shea and Russ Cardelli (to the left) still serve on the Board.  Lowell Cutsworth and Linda Lance (on the right) have been replaced by Larry Emery and Melissa Sanchez.

Here are the details:

In December 2014, Algonquin Township adopted its Tax Levy Ordinance.

The Township levy was for $1,800,368.00.

The Road District levy was for $4,048,930.00.

Although the Township and the Township Road District are separate entities for purposes of its tax levy, the Township audit incorporates both entities.

After Algonquin Township and the Algonquin Road District issued its levies in December of 2014, the last audit for both entities found that at the end of the 2013-14 fiscal year, the Township had $11,711,449 in cash and investments.

Prior to issuing its levies, the Township and the Township Road District had a three year average annual expenditure of $4,545,760, according to its own internal audits.

As of its last fiscal year or March 31, 2014, the Township and the Road District had assets of $11,711,225, according to its 2013-14 comprehensive audit.

The assets on hand, coupled with the tax revenue from its 2014 levy, puts the Township and the Road District having in excess of 15 million dollars, or three times the available funds for that which is necessary for its annual expenses.

Spending approximately 4.5 million dollars per year, the Township and the Road District had ample funds in order to meet their respective annual expenses without even imposing a levy.

According to its own audit, the Township, collectively, had investments of $4,356,863, which was almost as much as its three year annual expenditures.

This remains a violation of Illinois law, rendering both levies as excessive, invalid and illegal.

According to its own 2014 audit, prior to its levy for the Town Fund of $1,578,536, the Township had $3,166,393 in liquid assets for the Town Fund.

The $3,166,393, coupled with the levy of $1,578,536 exceeds 2.6 times the annual average expenditure of 1.8 million. 155. As such, the Town levy issued by the Township is invalid, excessive and illegal.

The same is true for the General Assistance Fund.

With respect to the Road Distict, the Road and Bridge Fund, coupled with the Equipment and Building Fund, the Road District had reserves in excess of $5,400,000.

The annual expenses for both of these Funds were approximately 2.4 million.

The tax levy revenue, coupled with the existing funds on hand, was nearly three times the amount of the annual expenditure.

 

Algonquin Township

As such, the Road and Bridge Fund, as well as the Equipment and Building Fund, are excessive, invalid and illegal.

In addition to the excess accumulation, the Road District levied funds in excess of that which was appropriated.

It is well settled in Illinois, that a municipal entity can only spend that which has been legitimately appropriated. In other words, the Levy Ordinance cannot exceed those line items delineated within the Budget and Appropriation Ordinance.

For its General Road Fund, the Road District appropriated $2,388,600, but levied for $2,576,076.

As a matter of law, the General Road Fund is void.

For its Social Security Fund, the Road District appropriated $70,000, but levied $71,068.

For its IMRF Fund, the Road District appropriated $100,000, but levied $129,890.

Similar to the General Road Fund, the levy for the aforesaid funds are void and illegal, and should be ordered rebated as a matter of law.

Here’s what the suit requests:

WHEREFORE, Plaintiff Tax Protestors pray that this Court consider the matters raised herein,
find, determine and otherwise adjudicate that the entire levies adopted by Algonquin Township and the
Algonquin Road District are illegal, void and/or excessive as a matter of law, order that the McHenry
County Treasurer issue full rebate payments to the Tax Objectors, award statutory interest pursuant to
35 ILCS 200/23-20, et. seq. and issue whatever further relief this Court deems just and appropriate.

Last year at the initiative of newly-elected Trustee Larry Emery, the Town Fund levy was reduced 1%.

The above is from: http://mchenrycountyblog.com/2015/11/17/algonquin-townships-tax-protest-suit/

As part of the suit says,

While taxing officials are permitted a reasonable latitude in the accumulation of public funds to assure having funds on hand to meet legitimate expenditures as they occur, this discretion must not be abused.

No statutory authority exists for large accumulations to provide for possible emergencies, which may or may not occur, since emergencies engendered by unforeseen circumstances are amply provided for in the statute, and may not be anticipated, as no resource is ample to meet every emergency which could possibly occur…

The Illinois Supreme Court has repeatedly held that a tax levy can be made for the requirements for the ensuing year only, and may not be made to create a fund for possible future needs…

Absent a referendum, the accumulation of public funds beyond the actual requirements for the particular purpose for the ensuing year is illegal and contrary to the policy of the law, as well as being an imposition upon the taxpayer, depriving him or her of funds to which he is entitled.

Former Rockford police officer seeks clemency in 2012 Boone County DUI crash - News - Rockford Register Star - Rockford, IL

 

By Jeff Kolkey

Posted Oct. 6, 2015 at 9:43 AM
Updated Oct 6, 2015 at 9:01 PM

BELVIDERE — Former Rockford police officer Daniel Cruz is asking for clemency after he injured three Poplar Grove women and paralyzed another in May 2012 when he rammed their Oldsmobile Bravada off the road while off duty and driving drunk.

Cruz, 41, pleaded guilty and was sentenced in May 2014 by Judge C. Robert Tobin III to eight years in prison for aggravated DUI causing great bodily harm. His projected date of release is February 2021, but his prison term could be cut short if granted clemency by the governor's office.

"I know the wrong I have done, and I vow to continue to make positive choices in my life," Cruz wrote in a clemency petition filed with the Illinois Prisoner Review Board. "Please know I will never drink and drive again, as God (is) my witness. In addition, I would follow any probation or rules placed upon me."

Saying he has made positive changes in his life since the crash, Cruz on Wednesday will argue before the board that releasing him would benefit his sons, ages 7 and 9, who are suffering because of his absence.

A Rockford Police Department officer for 13 years and a U.S. Army veteran, Cruz said that since the crash he has undergone alcohol addiction treatment, obtained advanced degrees, taken parenting classes and served as a model prisoner.

Cruz wrote that he would agree to ankle monitoring or home confinement.

But Boone County State’s Attorney Michelle Courier will travel to Springfield to fight Cruz's request.

Similar arguments were made at his sentencing hearing before Judge Tobin. The judge noted Cruz’s clean criminal record, track record as an outstanding father, military service and years as a police officer before passing sentence.

Cruz was off duty and driving with a blood alcohol content nearly twice the legal limit just after 9 p.m. on May 21, 2012, on Beloit Road.

Four Poplar Grove women had piled into an SUV after attending an informal book club meeting and were headed home. Cruz attempted to pass their Oldsmobile in a no-passing zone near a sharp curve in the area of Townhall Road.

He crashed into the Oldsmobile rather than collide head-on with an oncoming pick-up truck. The Oldsmobile was sent rolling over through a farm field before coming to rest on its tires.

Lynn S. Acker, Sara Cernohous and Kim Hawkinson all suffered injuries. Renowned area golfer Mary “Suzie” Danielson was left paralyzed from the neck down. An autopsy determined that Danielson died in September 2014 of a viral infection that was unrelated to injuries she suffered in the crash.

Tobin found that instead of rendering aid, Cruz tried to leave the crash scene and lied to a firefighter about his involvement in the crash as he tried to flee.

Page 2 of 2 - “You didn’t call 911, you called for a getaway car,” Tobin said at the May 2014 sentencing hearing. “You had two choices: Stick around or flee. You fled.”

Despite his claims to accept responsibility for his actions, "he has spent more time making sure he is viewed as the victim," Courier said.

He blames his work for the Rockford Police Department for his drinking problem, blames the women in the crash for refusing his "military combat lifesaving skills," and law enforcement for not understanding that he was actually trying to help, Courier said.

"Sadly, Mr. Cruz has noted his children are facing difficulties ... what Mr. Cruz needs to understand is that he is solely responsible for those difficulties," Courier said. "Cruz claimed to accept responsibility for what he had done, but he never identified in his petition anything he did was wrong. The state believes Mr. Cruz will only learn how to be held accountable by serving the remainder of his sentence.”

Dorothy Schneider contributed to this report.

Former Rockford police officer seeks clemency in 2012 Boone County DUI crash - News - Rockford Register Star - Rockford, IL

Todd Shattuck announces bid for Boone County Circuit Clerk

Will the Osoria Case be any issue in this primary election?   SEE following regarding that case:  http://boonecountywatchdog.blogspot.com/2014/12/deputy-clerk-osoria-offers-guilty-plea.html

BOONE COUNTY – Todd Shattuck, 40, of Belvidere has formally announced his bid as a Republican Candidate for Boone County Circuit Clerk.

Shattuck has strong ties to the Boone County community. Shattuck was raised in Boone County, and chose to remain in his hometown with his wife, Lynn, to raise their daughter Rachel.

He graduated from Belvidere High School in 1993 and from Western Illinois University in 1997 with a Bachelor of Science degree.

He began his career working in the Boone County Courthouse as a Probation Officer for the 17th Judicial Circuit. More recently, he has worked in the business banking industry as an Account Manager advising efficient payment processing for local businesses.

“The Circuit Clerk is often the first encounter the public has with the courthouse, is responsible for handling hundreds of thousands of dollars, and is instrumental in ensuring that court runs efficiently and professionally,” Shattuck said.

“I am running to provide a professional Circuit Clerk’s Office that treats the public with respect, to provide the independent supervision needed to protect the public’s money, and to implement the technology needed to improve courtroom efficiencies.”

Above is from:  Todd Shattuck announces bid for Boone County Circuit Clerk

Central Illinois newspaper sues Gov. Rauner over public information request for schedule

 

SPRINGFIELD, Illinois — A central Illinois weekly newspaper is suing Gov. Bruce Rauner after the attorney general's office said he must turn over appointment calendars showing his daily schedule.

An Illinois Times reporter submitted a May request through the Freedom of Information Act for Rauner's daily calendar from April 1 to May 15. When the documents arrived, information was redacted.

On Tuesday, Attorney General Lisa Madigan's office issued an 18-page opinion saying Rauner's office violated the act and should provide the requested information.

However, Madigan's office can't enforce the ruling.

That led to the Springfield newspaper filing a lawsuit Wednesday in Sangamon County. It seeks to force Rauner's office to turn over complete documents, saying the administration "intentionally and in bad faith" violated open records law.

Rauner spokeswoman Catherine Kelly declined comment, citing pending litigation.

Above from:  Central Illinois newspaper sues Gov. Rauner over public information request for schedule

 

Wednesday, Sept. 23, 2015 03:48 pm

AG rules against Rauner, in favor of Illinois Times

Newspaper sues governor

By Bruce Rushton

Gov. Bruce Rauner has refused to release his appointment calendar to Illinois Times, so the paper sued him today, following a favorable decision from the Illinois Attorney General. Photo by Patrick Yeagle.

Illinois Times today sued Gov. Bruce Rauner after Attorney General Lisa Madigan ruled that the governor must turn over his appointment calendar in response to the paper’s request made under the state Freedom of Information Act.
The newspaper asked for Rauner’s appointment calendar last spring after the governor walked out of a Holocaust remembrance ceremony. The newspaper’s request came after the governor’s press office ignored an emailed query asking where the governor had gone while a Holocaust survivor spoke at the annual ceremony held at the Old State Capitol.
Rauner gave the newspaper a redacted version of his appointment calendar showing that he had attended a meeting in the governor’s office while the ceremony continued. The governor redacted the names of the person, or people, with whom he met. The newspaper subsequently appealed to the attorney general, who ruled that Rauner must disclose the names of the people who attend meetings memorialized in his appointment calendar, which is prepared by public employees on public time using public equipment.
Rauner had claimed that the calendar was maintained for the governor’s convenience, but the attorney general determined that the calendar is the public’s business.
“(T)his office’s review of the redacted entries indicates that they all appear to pertain to the business of the state, rather than the personal affairs or private business interests of the governor,” Michael J. Luke, counsel to Madigan, wrote in the 18-page decision issued Tuesday. “Because the governor’s calendar was prepared and is maintained by the governor’s office and pertains to public business, it is a public record of the governor’s office for purposes of the Illinois FOIA.”
The newspaper sued Rauner today in Sangamon County Circuit Court, demanding that the governor release the requested appointment calendar. The newspaper sued because the attorney general’s decision is not final and could be appealed in court by the governor. In short, the Illinois Freedom of Information Act contains no provisions that force the governor to follow the attorney general’s directive.
“We have no way to enforce a binding opinion (by the attorney general),” said Don Craven, attorney for Illinois Times. “They (the governor’s staff) can just sit there and do nothing.”
Other media outlets, including the Associated Press and the Chicago Reader, have been unsuccessful in convincing Rauner to release his appointment calendar showing with whom he has met. Rauner has also refused to tell the Chicago Reader the names of lawyers in private practice who have done work for the state and been paid with public money.
In refusing to release his calendar to Illinois Times, Rauner had claimed that providing unredacted copies would pose a security risk and that someone who intended to harm the governor could discern patterns from the calendar that would provide opportunities to physically hurt Rauner. The attorney general’s office, after examining Rauner’s unredacted appointment calendar, determined that was nonsense.
“The governor’s calendar predominately consists of information regarding appointments: names of individuals and groups, and telephone numbers or meeting locations as applicable,” Luke wrote in his written decision. “The governor’s office has not provided facts demonstrating that disclosing those names, telephone numbers or meeting locations from past appointments would pose a security risk to the governor.”
The governor had also claimed that information on his appointment calendar was preliminary in nature and therefore exempt from disclosure. However, the attorney general found that Rauner had not demonstrated that this was true.
Rauner had also claimed that the public could discern his thought processes and legal strategies if he revealed his appointment calendar, particularly with regard to meetings attended by attorneys for the governor. The attorney general found no merit in that argument.
“(T)he mere presence of an attorney in a meeting is insufficient to justify (withholding of the record),” Luke wrote. “Based on our review, disclosure of the redacted entries would not reveal that privileged communications were involved or, more specifically, the substance of any confidential attorney-client discussions.”
As a candidate, Rauner had pledged to be open and transparent. Neither the governor nor a spokesman could be reached for immediate comment on Wednesday.

Read the lawsuit here.

Read the AG's decision here.

From:  Contact Bruce Rushton at brushton@illinoistimes.com

Boone County prosecutor says County Board chairman wrong to talk to judge - News - Rockford Register Star - Rockford, IL

 

By Georgette Braun
Rockford Register Star

Posted Jul. 30, 2015 at 3:59 PM
Updated Jul 30, 2015 at 4:53 PM

BELVIDERE — Boone County State's Attorney Michelle Courier told Boone County Board members this week that Chairman Bob Walberg had inappropriately told a judge handling a case against Plote Construction Inc. that he "did not approve of the lawsuit against Plote."

Courier said in a letter posted on the Boone County Community Forum Facebook page that "while there is a pending case, judges are forbidden to have ex parte communications about that case." She said Walberg's actions were "inappropriate." Courier said that Judge Rob Tobin had said in court Tuesday that he told Walberg he couldn't talk about the case and ended the conversation.

Walberg said today that he had called Tobin to talk about politics and the economy as he does sometimes but that his conversation "wasn't anything with the case. ... I didn't realize there was a problem." He said Courier, a Republican who is seeking re-election, is making the situation a political one.

Tobin asked Courier and an attorney for Plote whether they wanted him to withdraw from the case. Courier said in her letter to County Board members that she didn't. Courier could not be reached for further comment. Courier said in the letter that Plote's attorney had asked for a new court date to discuss the offer with Plote. An attorney for Plote could not be immediately reached for comment today.

Hoffman Estates-based Plote operates a quarry at 1050 Ecs Way, Belvidere. Courier had filed a lawsuit against Plote for operating beyond the hours approved by the County Board. She obtained a temporary restraining order that was violated, and she said in the letter that she had filed a motion for sanctions that was set to be heard Tuesday.

Above is from:   Boone County prosecutor says County Board chairman wrong to talk to judge - News - Rockford Register Star - Rockford, IL

 

TO SEE THE ACTUAL COMMUNICATIONS FROM Judge Tobin and States Attorney Courier GO TO:  http://boonecountywatchdog.blogspot.com/2015/07/actions-by-chairman-walberg-may-affect.html

Court reporters may face furloughs | News-Gazette.com

 

Rep. Chad Hays, R-Catlin, suggested the funding shortfall for court reporters, prison employees and daycare providers could be solved by this time next week.

"I think it's possible you will see a vote on this measure by the end of next week," said Hays, an assistant Republican leader, on Friday. "You can't let the child care system shut down. You can't let the court system shut down."

To say the court system would shut down is a bit of a stretch, but the lack of reporters would certainly slow the wheels of justice considerably.

State law mandates verbatim records prepared by human reporters of almost all felony proceedings and child custody, mental health, juvenile and parentage cases. Four of the six counties in the Sixth Circuit have digital recording systems. Douglas and Moultrie counties do not.

"Where court reporters are not absolutely required by statute, we'll use the recordation system, but we won't have anyone in the room monitoring (for glitches)," Difanis said of Champaign County. "We'll turn the system on at 8 a.m. and turn it off at 5."

The furloughs would affect 23 employees circuit-wide.

Champaign County has seven court reporters and two specialists who monitor the digital recordings in a room not accessible to the public. Macon County has 10 reporters. And each of the four smaller counties — DeWitt, Douglas, Moultrie and Piatt — has one full-time reporter paid by the state and a second reporter who works two days a week who is paid by their county.

Flannell said the "good news" in his "very preliminary plan" is that the part-time county-paid reporters would be asked to do more, with the counties pitching in extra funds to pay them, so he could spread out the state-paid reporters to help in the courthouses in Urbana and Decatur, which have far more business than the other four.

"Where necessary, we're being encouraged by the Supreme Court to bundle cases together into one physical courtroom. As in every crisis, you get some definition of things you don't normally look at. We'll take a re-look of that which we're required to do. Some of this is done just for the efficiency of the court but if we're short-handed, we will do only what is absolutely required by the Constitution or state statute," Flannell said.

Court reporters may face furloughs | News-Gazette.com

How Bruce Rauner Could Weaken Public Unions Nationwide

Illinois' new Republican governor wants the U.S. Supreme Court to reconsider the constitutionality of public-sector unions' funding sources. by Daniel C. Vock | February 11, 2015

 

But Bruce Rauner, Illinois’ new governor, might have the most ambitious plan of all. His gambit for curbing the power of government employee unions in Illinois, if successful, would also reduce their influence nationwide.

The plan involves bringing a case before the U.S. Supreme Court in an attempt to have the court declare that public employees cannot be required to participate in a long-standing feature of collective bargaining. Several conservative justices on the high court seemed eager to do that last year, but ultimately left the question unresolved.

Rauner’s strategy could unravel before it gets to the high court, because of significant legal and political obstacles in the way. But as a Republican governor looking to curtail labor’s influence in a state where Democrats dominate the state legislature -- and where many Republican lawmakers remain friendly with unions -- Rauner’s best hope of a local victory may be a national victory.

The thrust of Rauner’s legal argument is that it violates the First Amendment to require public workers to pay unions a fee for the services they provide (such as collective bargaining and grievance processing), even if they do not belong to the union. Those “fair-share” fees are typically somewhat less than full union dues, because they do not cover the costs of political activity like lobbying or involvement in elections.

The fair-share fees, also called agency fees, are a common target for conservatives pressing “paycheck protection” or “right-to-work” proposals for both the public and private sector. In recent years, conservatives have attacked agency fees for public workers on the grounds that collective bargaining itself is inherently political when the employer is a government body. A union that presses for raises, by that theory, is making a political case for increased spending.

But Paul Secunda, the director of the Labor and Employment Law Program at Marquette University in Milwaukee, said agency fees are key to making labor unions effective.

The collective bargaining law Walker signed in Wisconsin four years ago contained many new limits on union activity. But “the most important act of [the law] was the inability to collect dues for collective bargaining and grievance processing,” Seconda said. “That’s the meat of what unions do from day to day.”

Wisconsin’s teacher unions lost 30 percent of their membership within two years of the law’s passage.

“It’s not surprising that the effect is to decimate unions, and, of course, that is exactly the Republicans’ political objectives. This is clearly a political ploy to take away a major supporter of the Democratic Party,” Secunda said.

Government workers are labor’s stronghold. Nearly 36 percent of public employees belong to unions, compared to less than 7 percent of employees in the private sector.

Public-sector unions can also be major players in elections, spending nearly $73 million in state elections throughout the country last year, according to the National Institute on Money in State Politics. It is a fact Rauner knows well. The billionaire governor’s major opponents last year were labor-backed candidates in both the Republican primary and in the general election.

Earlier this week, Rauner sued dozens of public-employee unions and issued an executive order to place the fair-share fees in an escrow account while the litigation is resolved. But he cannot prevail without the high court’s intervention, because all of the other judges in the country are bound by a 1977 Supreme Court decision called Abood v. Detroit Board of Education that permits public-sector unions to collect agency fees.

Conservative justices on the high court have criticized that decision and, last year, came very close to striking it down in an Illinois case called Harris v. Quinn. A five-member majority called the Abood decision “questionable on several grounds,” but avoided the question of whether it ought to be stricken down.

Both Rauner’s lawsuit and the executive order refer extensively to the majority’s reservations in Harris v. Quinn, often in language that gives the impression that the Supreme Court already declared the agency fees to be illegal.

“A majority of the Supreme Court also recognized in Harris that ‘fair-share’ provisions in public employee collective bargaining agreements impose First Amendment concerns not necessarily presented in the private sector,” Rauner’s lawyers wrote in the lawsuit.

“The collective bargaining process itself is political when taxpayer funds go to pay the negotiated wages and benefits, especially given the great power of unions in electoral politics and the size of public employee payrolls,” they added.

Supporters of Rauner's actions agree that the issue will come before the high court. “There’s no question that this… ultimately is going to be an issue the Supreme Court is going to need to deal with,” said Patrick Semmens, a spokesman for the National Right to Work Legal Defense Foundation. “They’ve kind of been inviting that case.”

A high court decision could come well before Rauner’s case makes it to the court. A group of California teachers who opted out of their union recently asked the justices to consider a similar challenge, and other cases are pending in Texas and Massachusetts, Semmens said.

The justices are expected to vote on whether to hear the California case, called Friedrichs v. California Teachers Association, in the next few weeks. If the court adds the case to its docket, it would likely be decided by June 2016.

Meanwhile, Rauner’s actions face other challenges back in Illinois.

Illinois Attorney General Lisa Madigan, a four-term Democrat, will likely seek to intervene in the case to defend the state labor law that authorizes the agency fees.

“The current state of the law is that fair-share fees are constitutional. As recently as last year, the United States Supreme Court was urged to rule that they were unconstitutional. The court explicitly declined to do that, leaving in place the case law saying these fees are constitutional,” said Ann Spillane, Madigan’s chief of staff.

The executive order that accompanied the lawsuit could also be rescinded by a majority vote in either chamber of the Democratically controlled General Assembly, if lawmakers first determine it contravenes state statutes or reorganizes government.

Read the entire article:  http://www.governing.com/topics/mgmt/gov-how-illinois-governor-bruce-rauner-could-weaken-unions-nationwide.html

Boone County Board approves 'use-it-or-lose-it' vacation policy - News - Rockford Register Star - Rockford, IL

 

By Ben Stanley
Rockford Register Star
Posted Feb. 3, 2015 at 3:00 PM
Updated at 7:33 PM

BELVIDERE — When it comes to vacation days, it’s now “use-it-or-lose-it” for Boone County employees.

According to a new county employee vacation policy approved by the County Board on Jan. 24, county employees can now only carry over five days of vacation per year with permission from their department heads. Vacation days that carry over must be used within six months of the anniversary of employment.

Under the previous policy, employees could save up vacation days for years and cash them in for huge sums just before retirement. The saved vacation days were paid out according to the employee’s most recent rate of pay — unused vacation days increased in value if a person’s salary rose.

Thousands of dollars worth of unused days can strain the budget when claimed unexpectedly. Winnebago County released a report in 2014 regarding vacation policy abuse that revealed an unpaid bill of $805,255 worth of vacation racked up by 105 county employees.

According to county officials, similar data has not been gathered in Boone County.

Boone County Administrator Ken Terrinoni and County Board Chairman Bob Walberg said the board began discussing changes to vacation policy during executive session in December. Talks started around the same time former Boone County Public Defender Azhir Minhas was cut a $28,000 check for 10 weeks of unused vacation he had stored up during his final years in office. -

See more at: http://www.rrstar.com/article/20150203/NEWS/150209822#sthash.8TC8O5UG.dpufBoone

Additional story on Azhir Minhas go to:  http://boonecountywatchdog.blogspot.com/2015/02/boone-county-benefits-from-case-of.html

 

Below is the revision which occurred to the vacation policy:   The corrections are the recent changes. It is very interesting that Mr. Minhas is the Depart Head of the Public Defenders Office and apparently allowed the carry-over of his own vacation days.

Above is taken from:  http://www.boarddocs.com/il/boone/Board.nsf/files/9SBQWE6A7C4E/$file/Personnel%20Policy_201412311240.pdf

Boone County benefits from a case of sibling... - Belvidere Daily Republican

 

Boone County benefits from a case of sibling rivalry

By Tricia Goecks
Editor

Boone County’s retiring Public Defender Azhar Minhas’ entry into the legal world began as a challenge between two brothers.

In 1982, Minhas was an entomologist and teaching biology as a university professor in Adelaide, Australia. On a visit to see his brother, a nephrologist in South Elgin, he vaguely mentioned that he might like to study law someday. Minhas’ brother challenged him to take the LSAT (law school admission test) by saying “you think you are a smart guy. I bet you cannot do it.”

The pair drove down to Champaign, Ill. and Minhas took the LSAT exam as a walk in candidate and later spoke to admission officials at Northern Illinois University.

“I forgot about it,” Minhas said of what he thought was little more than an interesting diversion while on vacation.

Minhas continued his trip to visit their sister in Nairobi, Kenya when his brother called with the LSAT results. “He calls me and said ‘by the way you passed the LSAT.’ I asked how I did, he said ‘good.’ I proved my point,” Minhas recalled. “We go home and there was an invitation for me to go to NIU.”

“I never applied, but there it was.”

After discussing the matter with his wife at the time, they packed up everything and moved to the United States and Minhas enrolled in law school at NIU.

As a third year law school student, Minhas began an internship in 1988 with David Towns who was the Boone County first Public Defender. At that time, the Public Defender’s office was a part time position and Towns also worked as a private attorney for other clients.

When Towns decided to run for State’s Attorney, he resigned his role as Public Defender and Dave King replaced him. The case files were packed into bankers boxes and given to King and Minhas. They loaded up the files into the back of their vehicles. Each day they unloaded the relevant boxes and carried them up to the library at the Boone County Courthouse where they met with clients. The two attorneys eventually found permanent space at the PNC Bank Building at 130 S. State Street in Belvidere.

As the workload increased, it became impossible to maintain a private practice as Minhas would simultaneously have court calls in Boone and Kane Counties. “This concession of being able to earn a living through private practice was an illusion,” Minhas said, and he dedicated himself to the Public Defender’s office.

AND THEN CAME A GIFT IN THE FORM OF GOVERNOR GEORGE RYAN

“No matter what else you might think of him, he did the citizens of Illinois a great service when he looked into capital punishment,” Minhas said. “George Ryan’s reforms of death penalty were the most significant step in the criminal justice process in God knows how many years.”

After the death penalty was reinstated in 1976 in the State of Illinois, a group of law students from Northwestern University were able to successfully overturn the convictions of several death row inmates. In all, the convictions of 17 death row inmates were eventually overturned based on the efforts of the Northwestern University students and other attorneys. In 1999, Ryan placed a moratorium on the death penalty in Illinois.

“When George Ryan took over, there were some 34 people on death row. Subsequently 17 of those were exonerated. Now what would you call the system that has a failure rate of more than 50%?” Minhas asked. “Why? Lack of resources.”

“Private attorneys, you cannot pay them enough to do a death case. By law you have to appoint an attorney. Any good attorney in their right mind will not accept an appointment on a death case. Economically it is a lose-lose proposition. The system was left with giving down and out attorneys who could not make a living any other way to represent these people who were facing death. You get what you pay for.”

“Death cases are a category all entirely their own. They have all kinds of different rules and things that kick in. Unless you know the ins and outs of it, your client is going to be hanging. And that is what was going on,” Minhas said. “Some of the attorneys they have been seen to be sleeping during trials. They are old. They are infirm. There is no other way to make a living. They get appointed to these and they fall asleep and people are dying.”

With the reforms put in place by Ryan, a master roll was assembled of attorneys who had sufficient education and background to handle death penalty cases. Minhas was the only attorney in Boone County who qualified and he handled two cases before the death penalty was abolished in Illinois by Governor Pat Quinn.

Among the reforms to the criminal justice system under Ryan’s administration was a recognition that the poor were being denied adequate legal representation. “George Ryan gave the citizens of Illinois a gift. He passed legislation that for the first time determined the value of a defender in terms of money,” Minhas said. In addition to setting the minimum pay scale for Illinois public defenders, the state also picked up the tab for 2/3 of the cost.

With adequate funding for the Public Defender’s office, the Boone County Public Defender’s office became full time. The office currently has four attorneys: Carie Poirier, Aaron Busemi, Kathryn Cross and Robert Bigelow. In addition, Susan Cooper, Nadine Steinke and Terrie Jackson work in the Boone County Public Defender’s office.

As Public Defender, Minhas praised the Boone County Sheriff’s and Belvidere Police Departments. “At 23 years I can tell you this much, the police find the right person on the whole. The right person in the sense that this is a person who did offend the law,” Minhas said.

He views his role as making sure that his client is charged under the correct law and that proper rules are followed. “I walk into Walmart steal something and walk out. What crime did I commit?” Minhas queried. Shoplifting. Retail theft.

“But under the law it can also be a burglary because it is entering without authority into the building of another with the intent to commit a theft,” Minhas explained “If it is shoplifting it is a Class A misdemeanor, a year in local jail. If it is burglary, that the same person for the same action could be sitting in the Department of Corrections. Burglary is a Class 2 felony with a minimum sentence of three years. It could be as much as seven years”.

SERVING THE CITIZENS OF BOONE COUNTY

Often times, defense attorneys are asked how they can defend murders, rapists and child molesters in good conscience. “I am no friend of the child molester or drug dealer,” Minhas said. “All I care is that they go to Hell. But I will make sure that the road to Hell is made of the law. That is my job.”

Of the clients that Minhas and the Public Defender’s office have represented, he views them as his fellow citizens and neighbors. While not making excuses for their actions, he attempted to understand what happened. Many times, that involved getting his clients help for their drug or alcohol addiction or mental health counseling.

Minhas worked hard to help establish a Drug Court in Boone County. The Drug Court is a voluntary program for offenders. Through the program, clients have a higher degree of accountability to the court to undergo drug testing and participate in drug or alcohol outpatient services. The mission is to reduce the overall crime rate while helping the clients get their lives on track.

“If I can help alleviate the problem I think I have helped the community,” Minhas said. He spoke with pride of seeing his former clients and learning that they are on a different path in life and are now working full time, married and have children.

Minhas retired from the Public Defender’s office on Jan. 10. He looked forward to taking his first vacation in three years. Poirier took the oath of office as Minhas’ replacement.

A native of Lahore, Pakistan and having worked in the brutally hot Adelaide, Australia for 20 years, Minhas looked forward to escaping the northern Illinois winter.

Boone County benefits from a case of sibling... - Belvidere Daily Republican

Dixon Comptroller will not receive her pension

Rita Crundwell committed  perhaps the crime of the decade here in Illinois.  It is great that she will not receive a pension and the benefit will be used as restitution to Dixon.

But what about Boone County’s government embezzler —Deputy Circuit Clerk Donna Osoria. SEE: http://boonecountywatchdog.blogspot.com/2014/12/deputy-clerk-osoria-offers-guilty-plea.html  Will Boone County seek to insure that she will not receive retirement benefits for her years of less than meritorious service?  What do we have to do to insure that she does not?

 

The above is from page A9, Rockford Register Star, January 23, 2015

BCJ Criticizes Lack of Accounting Audit in Circuit Court Clerk Office Crime

 

 

The Boone County Journal is available free of cost at merchants across the county and on-line at:  http://www.boonecountyjournal.com/news/2015/Boone-County-News-01-09-15.pdf#page=1

THE FOLLOWING STATEMENT REGARDING  THIS EDITORIAL WAS PUBLISHED BY THE BOONE COUNTY JOURNAL on January 16, 2015.

Above is from:  http://www.boonecountyjournal.com/news/2015/Boone-County-News-01-16-15.pdf#page=1

Carie L. Poirier appointed Public Defender for Boone County

---PRESS RELEASE---

JOSEPH G. McGRAW
Chief Judge
For Immediate Release
-STATEOFILLINOIS
CIRCUIT COURT
SEVENTENTH JUDI CAL CIRCUIT
December 10, 2014
WINNEBAGO COUNTY COURTHOUSE
400 WEST STATE STREET, SUITE 215
ROCKFORD, ILLINOIS 61101
PHONE (815) 319-4800
Contact: Thomas R. Jakeway
Trial Court Administrator
Phone- 815-319-4806
Email- tiakeway@wincoil.us
MEDIA RELEASE
ATTORNEY CARIE L. POIRIER SELECTED
AS BOONE COUNTY PUBLIC DEFENDER
ROCKFORD, IL - Joseph G. McGraw, Chief Judge of the 1 i 11 Judicial Circuit Court, is
pleased to announce that the judges of the I i 11 Circuit voted to select local attorney Carie L.
Poirier as Public Defender for Boone County, Illinois. The vacancy in this office will be created
as result of the planned retirement of current Boone County Public Defender Azhar J. Minhas.
Ms. Poirier will take her oath of office and assume duties as the Boone County Public Defender
on Friday, January 9, 2015.
Commenting on the selection, Chief Judge Joseph G. McGraw states, "Ms. Poirier is a talented
attorney with extensive trial experience and an established presence in Boone County. I am
confident that her administration will build upon the high quality of legal representation being
provided by the Boone County Public Defender's Office. We look forward to her service as a
key stakeholder in our criminal justice system."
Ms. Poirier completed her undergraduate studies at the University of Illinois and received her
Juris Doctor from Northern Illinois University College of Law in 1997. Her legal career has
been dedicated to service with the Boone County Public Defender's Office. She has been
employed in the Boone County Public Defender's Office since November 1997 and currently
holds the position of First Assistant Public Defender.
######

Deputy Clerk Osoria Offers Guilty Plea in Theft

See earlier posts on this matter:  http://boonecountywatchdog.blogspot.com/2014/12/former-boone-circuit-clerk-deputy.html and http://boonecountywatchdog.blogspot.com/2014/12/donna-osorias-plea-hearing-is-scheduled.html

 

Osoria Offers
Guilty Plea in Theft
By James Middleton
All of the principals were present in Courtroom I last
Thursday. The honorable C. Robert Tobin III was present
at the bench as was Charles Colburn, the special prosecutor
that was assigned this case when the Boone County state’s
attorney chose not to prosecute the case herself to avoid
any concern over conflict of interest. The public defender
that was assigned the case, Aaron Buscemi was present and
so was the defendant, Donna Osoria.
They all were present to hear Ms. Osoria announce her
desire to change her plea to guilty for having committed
the act of a simple theft. Ms. Osoria was acknowledging
the embezzlement of money from the Boone County circuit
clerk’s office when she was employed there as a clerk now
more than three years ago.
Though much of what occurs in a court of law is
unscripted, when defendant wants to acknowledge to the
court that they are guilty of perpetrating the crime that
was charged, the action inside the room resembles actors
reading from a script. The state prosecutor and the defense
counsel are at once silent as the dialogue is between the
judge and the defendant. The judge is assigned under rules
that manage the procedure and the operation of the court to
ask a series of questions of the defendant that is deigned to
ascertain if the guilty plea is voluntary. The answer to the
questions must appear on the record so, at the moment the
plea is requested and entered, the defendant did offer their
plea of their own volition.
Ms. Osoria had been arrested for the embezzlement and
was under two-count indictment. The first count was for
the act of simple theft or embezzlement of money from the
circuit clerk’s office. The second count of the indictment
was for having committed official misconduct regarding
the theft of the money and the fact that the embezzlement
occurred in a governmental office.
With Ms. Osoria’s entry of a guilty plea for the theft
of money from the circuit clerk’ office, the second count
was dropped. When Ms. Osoria appeared to announce her
plea, she spoke loud. There are many times when these
events occur and the defendant will not speak loud and
their response to the judge’s questions are difficult to hear

Osoria from page...2



First off the judge must get on the record who is the
defendant, their level of education and to be certain that they
are not making the plea resulting from drug inducement.
Further, Judge Tobin told Ms. Osoria that, “The penalty
for a guilty plea is to serve from four to 15 years in jail in
the Illinois Department of Corrections and to also serve
two-years probation.” Ms. Osoria acknowledged that she
understood the jeopardy that she was in and wanted to
plead guilt to having committed the crime. The judge also
reminded Ms. Osoria that she could also be moved by the
court to pay restitution for having admitted to the crime
and she said she understood that could occur.
Mr. Buscemi told the judge that the theft did occur while
Ms. Osoria was in the employ of the Boone County Circuit
clerk’s office where she had access to the money. Mr.
Buscemi also acknowledged that she had taken in excess
of $10,000. However, discovery of the actual amount that
was taken from the clerk’ office appeared to be in doubt.
It was disclosed that Boone County carries an insurance
policy that cover the possible embezzlement of funds from
those offices where cash is managed from citizens that are
making payments to the county. The judge confirmed that

the county insurance policy had paid a claim that totaled
$24,000 and the county was responsible for a $1,000
deductible amount that was not paid by the insurance
company.
Ms. Colburn told Judge Tobin that he would present
to the Court a copy of the check and that the mount paid
by the insurance company could be proven by the state to
have been the amount that was stolen. However, it was not
finally affirmed that, in fact, $25,000 was the total amount
of money that was stolen.
After these matters were discussed, Judge Tobin asked
Ms. Osoria, “Do you still want to plead guilty to the crime?”
She answered that she did want to plead guilty to the crime.
Judge Tobin then followed the rules and advised Ms.
Osoria of her rights and asked her if she had been advised
of those rights by her counsel. She said, “yes.” Judge
Tobin told her that she has the right to a trial and the right
to cross-examine witnesses and he asked her if she still
wanted to plead guilty. Ms. Osoria said, “yes.” Finally,
Judge Tobin asked if she had been pressured to enter the
plea, if she had been forced to enter the plea of if she had
been promised any gifts by anyone for pleading guilty and
she said that this was not the case.
The first count of the indictment against Ms. Osoria was
a Class 1 felony because of the scope of the theft. The
judge asked questions of the state and defense counsel
if they were planning to bring accountants or forensic
auditors to court in the sentencing portion of the matter to
confirm the actual amount that was stolen. Ms. Buscemi
said he would not have those experts in court.
With that, the formal proceedings were almost finished,
but for to set a sentencing date. This date is set to occur
on January 29 t 1:30 p.m. in Judge Tobin’s Court. In that
hearing, because Ms. Osoria had pleaded guilty to the only
remaining charge against her, the actual sentence to be
pronounced by the judge will be heard.
The parties then stepped from the bench and moved
on to their next date. Judge Tobin had earlier heard
arraignments of those that had been arrested the night
before and remained in jail. He had advised them of the
charges the state would seek and the judge also set a bond
for them to pay and to leave jail.

Ms. Osoria who has been released since her arrest on
a bond left the courtroom. Mr. Colburn and Mr. Buscemi
conferred than they too left Courtroom 1 with Judge Tobin
and the circuit clerk assigned the case remaining at the bench.

Winnebago, Boone county officials rankled by plan to boost pay for jurors - News - Rockford Register Star - Rockford, IL

 

ROCKFORD — State lawmakers pushed forward a bill to increase daily pay for jurors, but it’s local counties that will have to cover the cost if Gov. Pat Quinn signs the measure into law.

Beginning in June, juror pay would rise to $25 for the first day and $50 for each additional day under legislation approved by both houses of the Illinois General Assembly during this week’s veto session. The current law allows minimum pay of $4 to $10 a day, depending on the county. The goal of the bill was to make fulfilling the civic duty less of a financial hardship, especially for those who drive long distances to get to the courthouse.

Officials in Boone, Winnebago and Stephenson counties say a pay raise for jurors could strain local budgets. Jurors in Winnebago County are paid $13 a day and the increase could cost the county an additional $250,000 to $300,000 a year, according to estimates from Winnebago County Administrator Steve Chapman. The county paid about $127,000 for jurors in the last fiscal year, Chapman said. But that number fluctuates based on the number of trials. The county also pays about $6,000 a month to cover parking costs for jurors.

Winnebago County Board Chairman Scott Christiansen labeled the legislation “another unfunded mandate” from the state and said it would force the county to explore cuts in its nearly $52 million general fund.

“With the issues they have facing them in Springfield, the fact that they’d even make this a priority is just bizarre,” Christiansen said.

“We’d have to cut somewhere. We don’t have any extra funds. ... We’re already strapped.”

Stephenson County jurors are paid $10 a day. The county spends about $21,000 a year to pay jurors, which would more than double under the proposed increase. Stephenson County Administrator John Light said it would be “devastating” to the county’s budget.

“The proposed unfunded mandate would likely more than double the county’s expense without providing any revenue to make up for the legislated increase,” Light said.

Boone County spent $47,132 last fiscal year to pay its jurors and that’s expected to at least double, according to Boone County Administrator Ken Terrinoni. Boone pays jurors $12 per day. Terrinoni said it’s difficult to estimate the additional cost because the county didn’t have records immediately available that show how frequently jurors are needed past the first day, when the pay rate would double. He estimates a minimum $50,000 to $75,000 would be needed from the county’s $15.5 million general fund budget.

Winnebago, Boone county officials rankled by plan to boost pay for jurors - News - Rockford Register Star - Rockford, IL

Theft in Circuit Clerk’s Office Finally Coming to Trial

Donna Osoria’s Plea Hearing is scheduled for Thursday, December 4, 2014 at 1:30

Donna Osoria, a former employee of the Clerk of the  Boone County Circuit Court, was charged with stealing county funds in 2012.  The case is now finally coming to a close.  A hearing regarding the plea  will be heard in Judge Tobin’s courtroom at 1:30PM, Thursday.  Plea bargaining  may end the case before the scheduled bench trial on December 8.

 

 

The above is taken from:  http://www.judici.com/courts/cases/case_history.jsp?court=IL004015J&ocl=IL004015J,2012CF187,IL004015JL2012CF187D1

 

Original Press Coverage:

Boone County Employee Arrested

By: Meghan Dwyer

BOONE COUNTY (WIFR) -- A woman who has worked for the Boone County government for more than a decade, is accused of stealing more than $10,000 from the circuit clerk's office.
56-year-old Donna Osoria is being charged with one count of theft and one count of official misconduct. The Boone County State's Attorney says she has been out of a job since June 22.

Osoria had been a deputy clerk for twelve years. She was arrested Tuesday night at her home in Belvidere and is being held on a $50,000 bond in the Boone County Jail. The State's Attorney says she's confident Osoria acted alone and no other employees broke the law, but officials are not saying exactly how much money was stolen, just that it was more than $10,000 and less than $100,000.

"Obviously these are serious charges. Theft charges are always serious but including the theft charge, we do have the official misconduct charge as well because she was a deputy circuit clerk at the time that this occurred," said Michelle Courier, the Boone County State's Attorney.

The State's Attorney isn't releasing any details on whether there was an audit done office-wide, or if someone came forward with information. Unlike the Rita Crundwell case, the Dixon comptroller who is accused of stealing millions, this case is not a Federal one, so she didn't transfer any money across state lines.

Court documents say Osoria allegedly started stealing money in March of 2010 and kept stealing it until this June. The State's Attorney will not say whether she was fired or she quit.

---

BOONE COUNTY (WIFR) -- Boone County State’s Attorney, Michelle J. Courier, announced that Donna Osoria, 56, of Belvidere, has been charged with one count of Theft and one count of Official Misconduct. The charges against Osoria allege that between March 15, 2010 and June 22, 2012, Osoria, while employed with the Boone County Circuit Clerk, committed a theft by taking in excess of $10,000 but not in excess of $100,000 of United States currency from the Boone County Circuit Clerk’s Office.

The Theft charge is a Class 1 felony and is punishable by 4 to 15 years in the Department of Corrections. The Official Misconduct charge is a Class 3 felony and is punishable by 2 to 5 years in the Department of Corrections.

Osoria is in custody, and her bond is set at $50,000.