October 15, 2015 Honorable Lisa Madigan Illinois Attorney General. 500 5. Second Street Springfield, II. 62701 Re: Quo Warranto Attorney General Madiqan: Pursuant to Illinois statute, 735 ILCS 5/15 at seq, I an a citizen aggrieved by the conduct of several elected officials in the County of Edgar. Attached is my complaint which I am sending to you with a formal request that you undertake a Quo Warranto action in the Fifth Judicial Circuit Court to seek the cessation of payments of compensation in excess of the Edgar County Resolutions setting their compensation. I am also asking, that pursuant to Article xx of the Code of Civil Procedure that you seek recovery of all funds improperly paid. By this letter I am also asking Edgar County State' a Attorney Mark leaf to so act. It is my understanding that should either your office or Mr. Isaf decline to bring this action, I would be entitled to do so individually. I respectfully request that you inform me of whether you are going to initiate a Quo warranto action, and request the same of Mr. Isaf, so that I may proceed if needed. In the event you need additional information, please do not hesitate to contact me at the below address, email and telephone number. Thank you in advance for your cooperation in this matter. Yours Truly, Kraft Encl. cc: Honorable Mark Isaf, Edgar County state's Attorney Scanned by CamScanner Notice Of Intended Application for Quo Warranto October 15, 2015 Lisa Madigan Illinois Attorney General Mark Isaf Edgar County State?s Attorney Subject: Notice of intended application for quo warranto. This notice is provided pursuant to the Illinois Code of Civil Procedure [735 ILCS 5/18 et seq], quo warranto. This notice is a request for the Edgar County State?s Attorney, or the Illinois Attorney General, to bring application of quo warranto against the individuals listed below for their exercising of a privilege, which is improper, and without warrant of law issued or granted by the board, through their receipt of compensation in excess of the resolutions setting their compensation. Additionally, their receipt of this compensation in excess of the allowable compensation set by resolution is an act which works as a forfeiture of their office through application of Of?cial Misconduct [720 ILCS 5/33-3 and by knowingly receiving compensation in excess of allowable compensation and performed the act with intent to obtain personal advantage for themselves or others in excess of their lawful authority. For more than three years, the Edgar County Board has been questioned, during open public meetings, on the propriety of county board members receiving compensation in excess of the resolution dated November 23, 2011 setting board member compensation. The amount in question is their participation in the county employee health insurance program, or any other compensation, such as life insurance premiums, Medicare reimbursements, payments in lieu of insurance, etc., since December 1, 2012. See EXHIBIT A. Scanned by CamScanner Additionally, for more than three years now, other Edgar County Elected Of?cials, including the County Clerk, County Treasurer, County Sheriff, and the County State?s Attomey, have been receiving compensation in excess of the resolution authorizing their respective of?ce?s compensation. The amount in question is their participation in the county employee health insurance program or any Other compensation, such as life insurance premiums, Medicare reimbursements, payments in lieu of insurance, etc., since December 1, 2012. See EXHIBITS and C. When asked during a public meeting about the issue in 2012, and even after sending a written letter to Mr. Isaf, the board did nothing. Another instance was in December of 2014 where I asked the board again to address the issue and even suggested they update the county policy manual. Again in December of 2014, board member Voigt stated a would be done in the January meeting and other board members deliberated on the issue noting the language of the county policy manual speci?cally excludes elected of?cials from county bene?ts. In August of 2015, I asked the board about the issue again and was told the board passed a resolution several years ago that allowed board members to participate in the county health insurance. Nothing in that Resolution from 1981 allowed elected of?cials access to county health insurance. See EXHIBIT D. The very next meeting I was instead told that the state had changed the law to include board members in insurance. The law quoted was the Illinois Counties Code, which does not mandate, but instead allows, county board members to participate in health insurance programs. Next, I was told by a board member that the Affordable Care Act required insurance coverage, which is also incorrect as the A.C.A. never mandates coverage for anyone, especially part-time. So here we are sitting at this point today, with more than three years gone by and no resolution to the issue presented in 2012 there is no current authorization for Edgar Scanned by CamScanner County Board Members or other Edgar County Elected Of?cials to participate in the coun health dental vision or life insurance Medicare TCimbursemem lans or merits in leiu of insurance. Let this letter serve as notice to you that elected county of?cials have received, and continue to receive compensation in excess of allowable compensation, and by doing so have used their positions to the detriment of the people of Edgar County and have betrayed the public trust that is demanded of their elected positions. The elected/appointed of?cials in receipt of this compensation are: Karl arnharn Jeff Voigt Don Wiseman Jeff Wood Dale English Ben Jenness Dan Bruner Sandra Willett Mark Isaf August Grif?n Alan Zuber Mike Heltsley Enclosed in EXHIBIT are the payments/claims for compensation in excess of the lawfully set compensation of the afore mentioned elected officials. This Exhibit does not include payments in lieu of insurance bene?ts and those not named in the Exhibit should have received compensation in lieu of insurance bene?ts of between $500.00 and $800.00 annually. It is well settled that compensation of elected of?cials must be set by Resolution at least 180 days prior to a general election. Their compensation was set properly, they simply chose to receive more than set by Resolution. Each of these elected of?cials? receipt of unauthorized compensation violates The Illinois Constitution, Article VII, Section ?An increase or decrease in the salary of an elected o?icer of any unit of local government shall not take effect during the term for which that o?icer is elected Illinois Constitution, Article Sections 1 and ?Public ?mds, property or credit shall be used only for public purposes? and ?The State, units of local government and school districts shall incur obligations for payment or make payments ?'om public funds only as authorized by law or ordinance?; Scanned by CamScanner The Edgar County resolutions sening compensation and salaries of elected ofiicials (current Resolutions do not include insurance as compensation); and the Illinois Counties Code (requires setting of compensation prior to term ofofl'ice), Thank you for your consideraiion of this matter, Scanned by CamScanner Exhibit A Scanned by CamScanner EX/ll?/?f' SOLUTION - BOARD COMPENSATIO WHEREAS, pursuant to Illinois Compiled Statutes, Chap. 55, para, 5/2-3008, the Edgar County Board shall determine the method and amount of compensation for members of the Edgar County Board; and . WHEREAS, the Edgar County Board members' salary is to be set before the general election; and . WHEREAS, the Edgar County Board will be reorganized on December 3, 2012, and shall consist of seven (7) members elected on November 6, 2012; and WHEREAS, Illinois Compiled Statutes. Chapter 55, Para, 5/2-3008, allows for the County Board Chairman to receive additional compensation for his service as Chairman; THEREFORE, BE IT RESOLVED, that the members of the Edgar County Board, and the Chairman of the Edgar County Board shall take o?'ice on December 3, 2012, and shall be compensated at the rate of $1200.00 and $1320.00 per annum respectively; and BE IT FURTHER RESOLVED, that each Edgar County Board member shall receive $25.00 for each committee meeting that he or she attends; and BE IT FURTHER RESOLVED, that each Edgar County Board member shall receive an additional $10.00 travel allowance for every meeting attended; and BE IT FURTHER RESOLVED, that each Edgar County Board member shall receive an additional mileage allowance per mile traveled to and from every meeting attended; and BE IT FURTHER RESOLVED, that all forms of compensation and reimbm'sements are to be paid I move for the ado tion of the for in lution 080 8 ard Member I second the motion for the adaption of the foregoing Resolution. Board Muse:- Passed and adopted by the County Board of Edgar County this ii day of got! 2011. Am 1/ a 011574.51 of the Board ATTEST: Scanned by CamScanner Exhibit Scanned by CamScanner . 1,.lrg 1 .1- i EX i [or SALARY RESOLUTION WHEREAS. 50 ILCS 145/2 requires that the compensation of elected of?cials of units of local government must be ?xed at least 180 days before the beginning of the terms of the aforementioned of?cers, and WHEREAS, the Edgar County Sheriff, County Clerk/Recorder, and Treasurer are sugh elected of?cers whose terms begin December 1, 2014, and end November 30. 2018, an THEREFORE, BE lT RESOLVED that the salaries of the aforementioned county officrals shall be increased for said term by the gross amount of $6,500.00 and set as follows: FISCAL YEAR $114 2915 2916 2917 SHERIFF $55,838. $57,838 $59,838 9561.338 $62,338 COUNTY CLERK $43,127 $45,127 $47,127 $48,627 $49,627 TREASURER $43,127 $45,127 $47,127 $48,627 $49,627 BOARD MEMBER I move for the adoption of the foregoing Salary Resolution. second the motion for the adoption of the foregoing Salary Res - Passed and adopted by the County Board of Edgar County this 9111 day of April, 2014. BOAR AN ATTEST: couN (SEAL) Scanned by CamScanner Exhibit Scanned by CamScanner C, SALARY RESOLUTION WHEREAS. 50 145/2 requires that the compensation of elected of?cials of units of local must be ?xed at least 180 days before the beginning of the terms of the aforementioned officers; WHEREAS. the Edgar County Circuit Clerk and theCorcner are such elected of?cers whose terms begin December 1. 2012; and THEREFORE. BE lT RESOLVED that the salaries of the aforementioned county of?cials be set as follows: FISCAL 2013 3934 gm 2016 CIRCUIT CLERK $45,483.00 $45,483.00 $45,483.00 545.483.00 CORONER $17,275.00 $17,275.00 517275.00 $17,275.00 i move for the adoption of the foregoing Salary Resolution. I second the motion for the adoption of the foregoing Salary Resolution. Passed and adopted by the County Board of Edgar County this 31" day of May. 2012. BOARD CHAIRMAN (SEAL) DGAR COU LER Scanned by CamScanner Exhibit Scanned by CamScanner August 5, 1981 ?3 5min?- Chli?lm. recon-neod- the re?appointet of Albert llanford of Paris to the ?owing Anthoirty for a ter- of five (5) years. It wee loved by Money and eeconded by Bayee that Albert Blenford he Ire-appointed to the Housing Authority emu-ion for ma (5) year m- beginning Aug?: 19. 1931 and ending mm 19. 1986. mtion carried . i i Run}. 1U: mus, the County of Edgar has offered a group health and life insurance program to all County now. mm: IE IT that the following coveragee and payroll procedures for the group health and life insurance progre- he eatahllahed: 1. All current and newly employed personnel electing to enroll ehell have coverage for thenclvee provided [or by the Camry; and any prelim for their dependente ehall he treated lo a payroll withholding. 1. The premium for the eini-ae life insurance coverage shall he provided for by the County: and the premium for life insurance coverage over the anti-on ahell he treated ae a payroll withholding. I non for the adoption of the foregoing leer-lotion. Tho-ea lhodee mm mm 1 the notion for the adoption of the fore.oin. Reeolutlon. Ia H1 in aw? BOARD mm mm thin 5th day of Aliment. 1981. [of James B. Sullivan CHAIRMAN OF THE BOARD WEST: Lil Eldredge (SEAL) mm CLERK Roll Cell - Area: iron. Garth-atom Portia, Ilene. Mooney, Rhodes Rennlutiun adoptu-d. a a mm. the 1980 of the Edgar County Board of Review three percele of the Edgar County Fare land, and menus, the County of Near he- received the tax on the three percele of the Edgar County Fare lead. which are due and payable on or before Manet 31. 1981, am. THEREFORE BE IT RESOLVED that the County of Edgar pay unto the County Treasurer the 1960 taxe- peyehle in 1981 on. the three parcel: of the Edgar Comty Fern land. being Parcel loo. 23-03?le-05-100-003 215-03-1446-2me and the true for each subsequent year, from the Edgar County farm account. I owe Io: the adoption of the foregoing Resolution. (e1 thoue lhode; BOARD mu 1 ascend the union for the adoption of the foregoing lleeolutlon. Integxone._n_ BOARD mu Ill Jami Sullivan DATED this 5th day of luau-t, 1981. CHAIRMAN OF THE BOARD [cl Shirly I. ndr?e Roll call Ayee: Brown, earrington. Farriu. endanhodee-a Nays: Hey-e and Mooney Ieaolutioo adopted. Scanned by CamScanner Exhibit Scanned by CamScanner This Exhibit is a response to a Freedom Of Information Act request and includels nd documentation of Health Insurance and Medicare reimbursements, IS 94 pages ong, a can be viewed at the below url: 1001 Scanned by CamScanner Exhibit Scanned by CamScanner F: PERSONNEL POLICY FOR EDGAR COUNTY July 8, 2011 scanneo Dy bambcanner INTRODUCTION Welcome to employment with EDGAR COUNTY. It is our desire that you enjoy working With us and do your best to serve the citizens of EDGAR COUNTY. Each employee has been hired to perform the duties speci?ed in their respective job description. How he or She does it has an important effect on the quality of service provided to our citizens. Certain speci?c responsibilities of employees are set out in sections of this employee handbook. There are, in addition, broader responsibilities of personal integrity which are expected of all employees. You can expect fair treatment and consideration from EDGAR COUNTY and, in turn, EDGAR COUNTY expects you to put forth your best efforts and to work in harmony with your fellow employees. The contents of this handbook are presented as a matter of information only. While EDGAR COUNTY believes wholeheartedly in the plans, policies, and procedures described here, they are not conditions of employment. EDGAR COUNTY reserves the right to add, amend or delete any bene?t or policy stated herein at any time, except as otherwise committed to by collective bargaining agreements. Any suggestions you may THIS HANDBOOK DOES have for changes in the contents of this handbook are welcome. NOT CONSTITUTE A CONTRACT BETWEEN THE EMPLOYEE AND THE EMPLOYER. Also, except for employees covered by a collective bargaining agreement, all employees of EDGAR COUNTY are employed ?at will." That is, either the Employer or the employee can terminate the employment relationship at any time. The fringe bene?ts referred to in this handbook apply to regular full-time employees. All- employees of Edgar County are covered by these policies except: 1.Elected Of?cials and Department Heads 2.Employees hired on a contractual basis, unless an individual contract provides otherwise. 3.Employees covered by a collective bargaining agreement - 4.Personnel appointed to serve without compensation. If any section of this Personnel Policy or any addendum's thereto shall be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any section should be restrained by such tribunal, the remainder of this Personnel Policy and addendum?s shall not be affected thereby, and the Of?ce head and/or Board, where applicable shall devise a substitute for the invalidated section or portion thereof. The Personnel Policy will not supercede any Federal or State Statute or any Illinois Municipal Retirement Fund policies. Scanned by CamScanner