Addison Township Ethics Committee Decision
Addison Township Ethics Committee Decision
Addison Township Ethics Committee Decision
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COUNTY OF DuPAGE )
NOW COMES the Addison Township Ethics Committee (the “Committee”) formed for
the limited purpose of considering the Complaint (“Complaint”) submitted by James Brill
Addison Ethics Ordinance (the “Ordinance”), and hereby renders its decision as follows:
PREFATORY REMARKS
This cause comes before the Committee on the Complaint of James Brill against
Bensenville Fire Protection District #1 (“District”) Trustees Mark Nowak, Jeff Agonath, Phil
Guerino, and against Paul DeMichele, who is alleged to be a paid consultant of the District
Township Clerk Pamela J. Moretti. A copy of the Complaint is attached hereto as Exhibit 1.
Dennis Reboletti appointed Addison Township Trustees Matthew Lozich, Gus Leventis and
Diana Kosmach to comprise the Committee. A copy of the Ordinance is attached hereto as
2. Pursuant to section 13.3 of the Ordinance, on February 3, 2022, the Committee sent Notice of
a meeting of the Committee and copies of both the Complaint and the Ordinance on Complainant
and all Respondents via certified mail, return receipt requested and via first class mail. Copies of
the Notice and certified mail records evidencing receipt by the Complainant and Respondents are
On February 16, 2022, at the time and place set forth in the Notice, the duly constituted
Committee convened a meeting to consider the sufficiency of the Complaint to allege a violation
of the Ordinance and probable cause. See Ex. 9, Ord., § 13. Complainant appeared personally
hereto as Exhibit 6. Respondents Nowak, Agonath and Guerino appeared through their counsel,
Patrick K. Bond, who confirmed that his clients received the Notice, but asserted that he was
appearing only on a special and limited basis to contest the Committee’s authority to consider the
DeMichele did not appear in person or through counsel. The hearing commenced at the time and
place set forth in the Notice and pursuant to the procedures set forth in the Ordinance. The
Committee adopted additional Rules governing the proceedings. A copy of the Rules is attached
hereto as Exhibit 5.
Complainant and counsel for Nowak, Agonath and Guerino appeared in person at the
hearing. At the hearing, Respondents’ counsel presented a letter dated February 14, 2022
containing Respondents’ argument as to why the Committee lacks authority to hear the
also made oral argument consistent with the contents of the letter. Complainant was provided a
In response, the Committee permitted Complainant until February 20, 2022 to submit a
written response to Respondents’ counsel’s arguments and continued the hearing to February 22,
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2022. Complainant submitted a written response on February 20, 2022. A copy of
The hearing reconvened on February 22, 2022. Complainant was afforded the
opportunity to present oral argument at the February 22, 2022 hearing in addition to Exhibit 10
but declined to do so. Exhibits 1 through 10 were admitted into the record.
THE COMPLAINT
The Complaint alleges that Nowak, Agonath, and Guerino are Trustees of the District and
DeMichele is a paid consultant of the District and that each violated the Ordinance. Specifically,
the Complaint alleges Respondents engaged in the following conduct, which Complainant
Given that BFPD#1 members clearly did the above actions in order to
garner support from Representative Mazzochi in the retention of their paid
positions as BFPD#1 Trustees and consultant, in further violation of
Addison Township ordinances, and as the Township Supervisor appoints
the positions of BFPD#1 Trustees we ask that appropriate action be taken
against BFPD#1 members to assure that the district no longer uses
taxpayer funds to support any political candidate.
See Exhibit 1.
THE ORDINANCE
As it relates to the Complaint’s allegations, the Ordinance prohibits inter alia Addison
Township officers and employees from intentionally performing any prohibited political activity
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during compensated time and from intentionally misappropriating any Township of Addison
property or resources for prohibited political activity. Specifically, the Ordinance provides:
The Ordinance provides that “the powers and duties of the Committee are limited to
matters clearly within the purview of this Ordinance.” Ex. 9, Ord., § 12.
Pursuant to the Ordinance, before proceeding to a hearing the merits of a Complaint, the
Committee must first determine whether the Complaint sufficiently alleges a violation of the
Ordinance and whether probable cause exists to proceed to a hearing on the merits based on the
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evidence presented by the Complainant. Ex. 9, Ord., §§ 13.3-13.4. If the Complaint fails to
sufficiently allege a violation of the Ordinance, the Complaint must be dismissed. Ex. 9, Ord., §
13.4. Thus, the Committee must first determine whether the Complaint sufficiently alleges a
violation of the Ordinance before the Committee may proceed to examine the substantive
Respondents object to the Committee’s jurisdiction over them and the matters alleged in
the Complaint and argues the Committee lacks jurisdiction and authority to hear the Complaint
because that the District is an independent governmental entity separate and apart from the
Township over which the Township and the Committee have no authority. Respondents point to
the State Officials and Employees Ethics Act (5 ILCS 430/70-5) (the “Act”), which authorizes
and requires the Township to promulgate the Ordinance, and argue that the Act prohibits the
Committee from passing upon the acts of officers or employees of another governmental entity.
Respondents argue:
Addison Township is also a creature of statute. As such, the Township possesses only
that authority which is provided to it by the legislature, along with those powers
reasonably inferred therefrom. Under the clear language of the State Officials and
Employees Ethics Act, each governmental entity which adopts an Ordinance or
Resolution in accordance therewith, is only authorized to regulate the political
activities of officers and employees of that particular governmental entity. 5 ILCS
430/70-5. Neither the Act, nor the Addison Township Ethics Ordinance, affords the
Township the authority to engage in a Hearing or other inquiry into the activities of
Officers and employees of another governmental unit. This is in no way impacted by
the fact that the Township Supervisor has the authority to appoint the Fire District
Trustees. Said appointment does not subject the Fire District to the jurisdiction of the
Township’s Ethics Commission.
See Ex. 8.
Additionally, at the February 16, 2022 hearing, Respondents argued that had the
legislature wanted to authorize the Committee to pass upon the actions of officials who are
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appointed by the Township even if they serve another governmental entity, it knew how to do so
and could have done so as evidenced by Section 70-20 of the Act, which states:
A review of the letter of February 14, 2022 tendered by Patrick Bond and the
Illinois statute cited within has revealed that 5 ILCS 430/70-5 says nothing to the
subject of the authority of Addison Township not being able to regulate the
political activities of the officers and employees it appoints to another
governmental entity. In fact it can be reasonably inferred by Illinois statute 5
ILCS 430/70-20, though it speaks of county oversight, that Addison Township
has every right to regulate the conduct of the individuals it appoints to
Bensenville Fire Protection District #1.
The Complaint alleges that Respondents engaged in the actions as “agents of” the District
Fire protection districts are governed by a Board of Trustees, which is the corporate
authority of the district and exercises all powers and controls all affairs and property of the
district. 70 ILCS 705/6. The Fire Protection District Act (70 ILCS 705/1 et seq.) (the “FPD
Act”) grants broad powers to fire protection districts and their boards, including without
• Appoint a fire chief, hire employees, execute notes and contracts. 70 ILCS 705/6;
• Purchase and sell real and personal property. 70 ILCS 705/6, 70 ILCS 705/10, 70 ILCS
705/10a;
• Pass ordinances. 70 ILCS 705/6;
• Impose penalties. 70 ILCS 705/6;
• Acquire property via eminent domain. 70 ILCS 705/10.5;
• Enter contracts. 70 ILCS 705/6, 70 ILCS 705/11a-11d;
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• Issue bonds. 70 ILCS 70512;
• Levy taxes. 70 ILCS 705/13.
Respondents Nowak, Agonath and Guerino comprise the Board of Trustees of the
The Addison Township Supervisor, with advice and consent of the Township Board,
appoints members to the Bensenville Fire Protection District #1 Board of Trustees. 70 ILCS
705/4. Other than the power of appointment, neither the FPD Act nor the Township Code grants
any powers to a township or township supervisor over a fire protection district or a fire
protection district Board of Trustees. 70 ILCS 705/1, et seq.; 60 ILCS 1/1-1, et seq.
“Officers” and “employees” as defined by the Ordinance means only officers and
employees of Addison Township, not any other governmental entity. Thus, the Ordinance does
not authorize the Committee to regulate or examine the acts of people who are not acting in their
RULINGS OF LAW
For the reasons stated herein, the Committee concludes that Ordinance does not apply to
the District or its officers or employees, including Respondents, and the Committee lacks
jurisdiction over the Respondents in their capacities for the District and over the actions alleged
in the Complaint. Thus, the Committee lacks authority to pass upon the allegations in the
Complaint. The Complaint, therefore, fails to sufficiently allege a violation of the Ordinance and
must be dismissed.
The Ordinance and Committee are promulgated pursuant to Section 70-5 of the Act. The
Committee is a creature of statute and, therefore, has only the powers conferred upon it by statute
and the Ordinance. County of Knox ex rel. Masterson v. Highlands, L.L.C., 188 Ill.2d 546, 554,
723 N.E.2d 256, 262 (1999). This limitation extends to the Committee’s jurisdiction – it may not
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consider matters beyond its statutory authority to consider. In administrative law, the term
‘jurisdiction’ has three aspects: (1) personal jurisdiction - the agency's authority over the parties
and intervenors involved in the proceedings, (2) subject matter jurisdiction - the agency's power
‘to hear and determine cases of the general class of cases to which the particular case belongs'
[citation], and (3) an agency's scope of authority under the statutes.’” Id. at 553.
the legislature's true intent and meaning. [citation] The language of the statute is the
best indication of legislative intent, and the inquiry begins with the words used by
the legislature. [citation]. If the statutory language is clear and unambiguous, then there is no
need to resort to other aids of construction.” Brucker v. Mercola, 227 Ill.2d 502, 513, 886
N.E.2d 306, 313 (2007). “Where the language is clear, the statute cannot be revised to include
exceptions, limitations, or conditions that the legislature did not express.” Gutraj v. Bd. of
Trustees of Police Pension Fund of Vill. of Grayslake, Illinois, 2013 IL App (2d) 121163, ¶ 8,
Section 70-5 of the Act authorizes and requires governmental entities to enact an ethics
ordinance which regulates the activities of officers and employees “of the governmental entity.”
5 ILCS 430/70-5 (italics added). Hence, the plain language of Section 70-5 unambiguously
restricts the Committee’s authority to examining and regulating the activities of Addison
Township personnel only, and expressly forbids it from regulating or passing upon the conduct
of another governmental entity’s officials or employees. Consistent with Section 70-5, the
Ordinance also states that it applies only to Addison Township; it does not permit the Committee
to regulate the conduct of officials or employees of another governmental entity. Ex. 9, Ord., §
2. Moreover, the Committee only has power over matters within the purview of the Ordinance.
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Ord., § 12. Thus, neither the Act nor the Ordinance grants the Committee the authority to
regulate or pass upon the actions of officials or employees of another governmental entity.
The District is a government entity and public body created by the legislature. 70 ILCS
705/1, et seq. It is managed by its own board, passes its own ordinances, enjoys its own taxing
authority, has its own budget, has the power to contract, hire employees, impose fines, acquire
and sell real and personal property, to condemn property, and otherwise has all the elements of
an independent public body and governmental entity. 70 ILCS 705/4 – 705/14. In short, the
District is independent of, and entirely separate and apart from, the Township; it is a distinct
legal and governmental entity. It does not answer to the Township, and the Township has no
authority over the District or its Board of Trustees. Hence, the Ordinance does not, and cannot,
on its authority, the result is the same and is clear: the Ordinance may not be applied to the
District and its officials or employees, and the Committee lacks authority to pass upon the
conduct of officials and employees of another governmental entity, including the Respondents.
County of Knox, 188 Ill.2d at 553; 70 ILCS 430/70-5; Ex. 9, Ord., §§ 1.14.a-c., 2.1, 12.
The Complaint correctly states that the Township Supervisor, with advice and consent of
the Township Board, appoints the members of the District’s board. 70 ILCS 705/4. The
Complainant thus asserts that the Ordinance must apply to the Respondents. Complainant offers
no authority for this argument, and the Committee finds none. To the contrary, under the plain
language of both the Act and Ordinance, the Ordinance may not be applied to officers or
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Further, the statutory scheme of the FPD Act refutes Complainant’s position. As stated
above, the District is an independent governmental entity separate and apart from the Township,
is governed by its own Article of the Illinois Compiled Statutes, and has powers and duties
entirely independent of and separate from the Township. 70 ILCS 705/4-14. Nothing in either
the FPD Act or the Township Code suggests that the Township has any authority over the
District or its officers or employees. The fact that the Supervisor appoints members to the
District’s board does not make the Ordinance applicable to the District or its officers and
employees or permit the Committee to regulate the District’s officers and employees. Again, the
plain language of both the Act and the Ordinance prohibit application of the Ordinance to the
officers and employees of the District because it is a separate, independent governmental entity.
Complainant also argues that section 70-5 “says nothing to the subject of the authority of
Addison Township not being able to regulate the political activities of the officials and
employees it appoints to another governmental entity.” Ex. 10. This is patently wrong. As
described above, section 70-5 unambiguously limits the Committee’s authority to “regulating the
activities of officers of the governmental entity,” meaning Addison Township, and Addison
bolsters this conclusion. Section 70-20 permits a county ethics commission to pass upon the
actions of members of a governmental entity who are appointed by the County Board Chair. 5
ILCS 420/70-20. This demonstrates that the legislature knew how to, and could have, imposed
such a requirement in section 70-5 on other governmental entities (such as the Township) if it
wanted to. No similar provision appears in Section 70-5. The absence of such language in
section 70-5 must be construed as the legislature’s determination not to grant other governmental
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Pamela Joy Moretti
Addison Township Clerk
401 N. Addison Road
Addison, IL 60101 January 19, 2022
Re: Bensenville Fire Protection District #1 Ethics Complaint
Ms. Moretti,
Please consider this our filed ethics complaint regarding the Bensenville Fire Protection District #1
(BFPD#1) board members; Trustee Agonath, Trustee Nowak, Trustee Guerino and its paid consultant
Paul DeMichele.
Were as the above Trustees and consultant are all paid officials and employees of BFPD#1, it is in our
opinion said individuals did violate Addison Township Ordinance No. TO-2004-03, Section 2
(Prohibited Political Activities), paragraph 1 and the Illinois Ethics Act 5 ILCS 430.
Ordinance No. TO-2004-03 clearly defines Prohibited Political Activities as;
a. Preparing for, organizing or participating in any political meeting, political rally, political
demonstration or other political event;
b. Soliciting contributions, including but not limited to, the purchase of, selling, distributing or
receiving payment for tickets for any political fundraiser, political meeting or other political
event;
c. Soliciting, planning the solicitation of, or preparing any document or report regarding
anything of value intended as a campaign contribution.
Section 2, Paragraph 1 also states that Officers and employees shall not intentionally perform any
prohibited activity during any compensated time (other than vacation, personal or compensatory time
off). Officers and employees shall not intentionally misappropriate any Township of Addison property
or resources by engaging in any prohibited political activity for the benefit of any campaign for elective
office of any political organization.
On Monday, August 30, 2021, agents of BFPD#1 did place in the mailboxes of the residents of the
White Pines Subdivision, Bensenville, Illinois, a flyer, a copy of which is attached, asking those
residents to support and donate to a fundraiser for State Representative Deanne Mazzochi. This flyer
is not only the very definition of “prohibited political activities” but it is obvious that the district used
governmental resources and supplies to develop, print and distribute said flyer. Additionally, the flyer
was placed in residential mailboxes on a Monday without any postage which is clearly in violation of
federal law.
Given that BFPD#1 members clearly did the above actions in order to garner support from
Representative Mazzochi in the retention of their paid positions as BFPD#1 Trustees and consultant,
in further violation of Addison Township ordinances, and as the Township Supervisor appoints the
positions of BFPD#1 Trustees we ask that appropriate action be taken against BFPD#1 members to
assure that the district no longer uses taxpayer funds to support any political candidate.
Respectfully,
1. APPEARANCE
Appearance by a Complainant or Respondent at a hearing conducted in an open session (if any) of the
Committee shall only be made in person by a Complainant or Respondent or by legal counsel who have
timely filed an appearance on behalf of either. All parties must provide the Committee in writing, at the
time written appearance is first made, an address, telephone number or numbers and email address
number for notification to the party during the Committee's working hours of any matter requiring notice
in these proceedings. The parties shall be reasonably available by telephone for receipt of such
notification during the course of these proceedings.
A party may appear solely for the purpose of contesting the Committee’s personal or subject matter
jurisdiction without waiving its objection to lack of jurisdiction if the party or its counsel advises the
Committee at the time it files an appearance or first appears before the Committee that it contests
jurisdiction.
2. HEARING DATE/CONTINUANCES
On the date set in the Notice for the initial hearing of the Committee, the Committee shall conduct a
closed meeting as permitted by law. The committee shall make an audio recording of any closed meeting
proceedings, including of all testimony presented to the committee and any of the committee’s
deliberations. The committee, may, in its sole discretion, retain the services of a court reporter. Both the
Complainant and the Respondent, personally or by counsel, will be required to appear, unless the parties
are advised to the contrary in the Notice setting the date for the initial open meeting, to present their
cases. Except upon the Committee’s own motion, there will be no continuance or resetting, except for
good cause shown, at the Committee’s discretion.
3. ETHICS COMMITTEE
The Committee shall conduct and preside over all hearings and take necessary action to avoid delay,
maintain order, ensure compliance with all notice requirements and ensure the development of a clear and
complete record. The Committee may conduct hearings and proceedings in closed session as permitted
by Illinois law and the Addison Township Ethics Ordinance. The Committee shall have all the powers
necessary to conduct a fair and impartial hearing including, but not limited to:
(b) Issue witness and/or record subpoenas, upon proper application by the parties;
EXHIBIT 5
(c) Regulate the course of hearings, set the time and place for continued hearings,
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(d) set times for filing of documents, provide for the taking of testimony by deposition
if necessary, and in general conduct the proceedings, all according to the recognized
principles of administrative law and the provisions of these rules;
(e) Examine the witnesses and direct the witnesses to testify, limit the number of times
any witness may testify, limit repetitive testimony and set reasonable limits to the
amount of time that each witness may testify;
(g) Direct parties to appear and confer for the settlement or simplification of issues and
otherwise conduct pre-hearing conferences;
(i) Require the parties to prepare written briefs and proposed findings of fact and
conclusions of law;
(j) Consider and rule upon all motions presented in the course of the proceedings;
(k) Consider such evidence as may be submitted including, but not limited to,
documentary evidence, affidavits and oral testimony;
(l) Enter any order that further carries out the purpose of these rules; and
The Committee may direct the parties or their attorneys to appear at a conference with the Committee or
its attorney at any time for the purpose of considering:
(b) the possibility of obtaining admissions of fact and of documents to avoid unnecessary
proof;
(d) preparation and submission of written briefs and proposed findings of fact and
conclusions of law;
(g) any other matter which may aid in disposition of the objections.
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4. PRESENTATION OF CASE
All parties must be prepared to present their case at the time set by the Committee. The Committee will
first hear preliminary motions in the nature of a motion to dismiss under § 2-615 of the Illinois Code of
Civil Procedure. The Committee may, in its discretion, order briefing or reserve rulings on such motions
pending further hearings.
The Complainant shall present his/her case-in-chief after the consideration of such preliminary motions.
The Complainant shall bear the burden of presenting evidence sufficient to support a decision sustaining
the alleged violation. The applicable evidentiary threshold on issues of fact shall be a "preponderance of
the evidence." The Committee, in its discretion, may entertain a motion for a directed finding at the close
of the Complainant's case-in-chief. After the conclusion of the Complainant's case-in-chief, the
Respondent may present his/her case-in-chief.
At the close of Respondent's case-in-chief, the Complainant may offer a case in rebuttal. Matters in
rebuttal will be strictly limited to matters raised by the issues when before the Committee. Sur-rebuttal is
disfavored and may be allowed by the Committee only upon a showing of compelling grounds.
In the interest of brevity, the Committee may terminate evidence or argument on repetitive matters or
matters plainly beyond the scope of the case. The Committee may refuse to hear, with or without
objection of a party, evidence or argument it determines not germane to the Committee hearing.
The Committee may alter the order of proof in order to expedite the hearing. The Committee may conduct
any further proceedings or investigation it deems appropriate.
5. GENERAL CONSIDERATIONS
The Committee will consider only the allegations contained in the Complaint. All arguments and
evidence must be confined to those matters. Any party may submit arguments in writing. The
Complainant's complaint may not be amended. The Committee will be governed by applicable Illinois
statutory and case law.
Any party filing any document must give notice of that filing, including a copy of all such documents
filed, to all other parties to the case. Each party shall provide an email address at which service may be
accomplished. Service shall be effectuated in a manner reasonably calculated to provide actual and
prompt notice to the other parties. The party filing the document shall file a sworn Proof of Service with
the Committee. The Proof of Service shall set forth the time, date and manner of service. The Proof of
Service shall be filed with the Chairman or his/her designee. All documents shall be filed with the
Chairman or his/her designee during regular office hours, or with the Committee in open session.
Copies of any documents filed with the Chairman should also be sent, by hand delivery or by email
transmission, to the Committee attorney, Brian J. Armstrong, Esq., 105 E. Irving Park Road, Itasca, IL
60143, ph. (630) 773-8500; [email protected]
7. EVIDENCE
The Committee may consider such other evidence as may be submitted, including, but not limited to,
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documentary evidence, affidavits and oral testimony. Extended examination and cross-examination of
witnesses will be subject to the discretion of the Committee. The Committee will, where practicable and
appropriate, follow (but will not be bound by) rules of evidence which prevail in Illinois courts of law.
The Chairman, with the assistance of the Committee's attorney, shall make all necessary evidentiary
rulings.
8. ARGUMENTS
All arguments of counsel and evidence must be confined to the points raised by the complaint. The
Complainant and the Respondent shall be limited to fifteen (15) minutes each for the presentation of their
case unless the Committee, for good cause shown, extends the period of presentation. All oral arguments
following the close of evidence shall be limited to ten (10) minutes unless extended for good cause by the
Committee. Any party who desires may submit arguments in writing; such party must do so at the
hearing. Limited cross-examination of witnesses will be permitted at the discretion of the hearing
examiner or Committee. All arguments of counsel and evidence should be confined to the points raised
by the complaint.
Failure to adhere to these Rules or to a directive of the Committee, or a hearing examiner of the
Committee, or refusal to participate in the proceedings in good faith shall be a ground for dismissal by the
Committee of the complaint.
For matters not covered herein, the Committee will generally follow rules of practice which prevail in the
Circuit Court of the Eighteenth Judicial Circuit, DuPage County, Illinois, but because of the nature of
these proceedings, the Committee shall not be bound by such rules in all particulars.
The Committee shall provide a certified court reporter for all hearings but will not cause a transcript to be
prepared unless it needs a transcript for a particular purpose. If a petition for judicial review of the
Committee's decision is filed, the Committee will provide a record to the court as provided by the
administrative review law.
The Committee designates Brian J. Armstrong, Esq., 105 East Irving Park Road, Itasca, IL 60143, direct
line 630-760-4604, fax 630-773-1006, email address [email protected] as its attorney. Unless the
Committee directs otherwise, the Committee's attorney is authorized and directed to defend the
Committee's decision at the circuit court level if a petition for judicial review is filed and to defend the
Committee in any litigation which may arise. The Committee directs the appropriate officials of Addison
Township to pay the reasonable and necessary costs of the Committee's operation, including attorney's
fees, court reporting fees and similar expenses, from its general funds.
11. SESSIONS
After the Committee convenes, it will remain in session continuously until the complaint has been
considered and ruled upon; provided, however, that the Committee may recess from time to time as
required.
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12. FINDINGS
The Committee will issue findings and a decision if and as required by the Addison Township Ethics
Ordinance.
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EXHIBIT 6
EXHIBIT 7
February 14, 2022
As you are aware, Bond, Dickson & Conway serve as the Attorneys for the Bensenville Fire
Protection District No. 1. I am writing to you in your capacity as the Attorney for Addison
Township. In that regard, I have been provided with a copy of a Complaint filed by James Brill
with Addison Township. The Complaint contends that the Bensenville Fire Protection District
No. 1, or its Members, purportedly violated the Addison Township Ethics Ordinance.
As you are aware, the Bensenville Fire Protection District No. 1 is a governmental entity
separate and apart from Addison Township. It is an entity organized and existing in accordance
with Illinois law, with it’s own governing Board, it’s own Levy and independent and
autonomous statutory authority.
Addison Township is also a creature of statute. As such, the Township possesses only that
authority which is provided to it by the legislature, along with those powers reasonably inferred
therefrom. Under the clear language of the State Officials and Employees Ethics Act, each
governmental entity which adopts an Ordinance or Resolution in accordance therewith, is only
authorized to regulate the political activities of officers and employees of that particular
governmental entity. 5 ILCS 430/70-5. Neither the Act, nor the Addison Township Ethics
Ordinance, affords the Township the authority to engage in a Hearing or other inquiry into the
activities of Officers and employees of another governmental unit. This is in no way impacted
by the fact that the Township Supervisor has the authority to appoint the Fire District Trustees.
Said appointment does not subject the Fire District to the jurisdiction of the Township’s Ethics
Commission.
EXHIBIT 8
Brian Armstrong
February 14, 2022
Page 2
Accordingly, the Bensenville Fire Protection District No. 1, its Officers and others affiliated with
it, will not be participating in the February 16, 2022 Hearing, which the Township lacks the legal
authority to convene. The jurisdiction of such ethics commissions is uniformly restricted to the
governmental entity and the employees of that governmental entity, and none other.
Should you have any questions regarding this matter, please feel free to contact me.
Patrick K. Bond
Patrick K. Bond
F:\PKB\Bensenville FPD\Correspondence\Armstrong.AddisonTownshipEthicsComplaint.2.14.2022.docx
EXHIBIT 9
From: Brill Jim and Debbie
To: Brian Armstrong; Dennis Reboletti
Cc: Patrick Bond
Subject: BFPD#1 Ethics Complaint
Date: Sunday, February 20, 2022 11:49:37 AM
Gentlemen,
A review of the letter of February 14, 2022 tendered by Patrick Bond and the Illinois statute cited
within has revealed that 5 ILCS 430/70-5 says nothing to the subject of the authority of Addison
Township not being able to regulate the political activities of the officers and employees it appoints
to another governmental entity. In fact it can be reasonably inferred by Illinois statute 5 ILCS
430/70-20, though it speaks of county oversight, that Addison Township has every right to regulate
the conduct of the individuals it appoints to Bensenville Fire Protection District #1.
https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2529&SeqStart=8400000&SeqEnd=8900000.
Therefor we will be attending the hearing committee meeting scheduled for February 22, 2022 at
6pm. Please inform us off any changes that will be made.
Respectfully,
James E. Brill
For The White Pines Community Alliance
Sent from Mail for Windows
EXHIBIT 10