Wednesday, July 30, 2008
We in Illinois are according to Illinois CAN are the 7th largest contributor of global warming pollution in the country and together with seven other Midwestern state co-conspirators we account for more than 23% of the nation's, and 5% of the world's greenhouse gas pollution. No mention is made of China, India, Pakistan, Mexico or Europe and South America...as though we are the only bad boys in town. I'd like to know their numbers.
Not one word of the science from reputable sources to back any of these figures much less the questionable fact that we are undergoing global warming that is different from other periods of such warming trends that have occurred in cyclical fashion over hundreds of thousands of years on this earth of ours.
The policies they propose would change the way we fundamentally live and would have dramatic economic and social implications and if only the U.S. was involved would have no affect on the final outcome if you believed in the global warming hypothesis to begin with.
I think before we jump on any bandwagon the science has to be almost absolute and the financial interests of the propagandists and true believers of global warming have to be scrutinized to the utmost. Just because you get a Nobel Prize doesn't necessarily mean you have a lot of common sense and no personal financial agenda.
PS: I wonder if they will be able to read the numbers on the competitors at the Olympics in China much less see the Sun.
Tuesday, July 29, 2008
Malicious prosecution is a common law intentional tort (lawsuit), while like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution.
In a malicious prosecution lawsuit the former defendant (respondent) is now the plaintiff and the defendant/s may be the person/s who initiated the action, the attorney/s (or the law firm who prosecuted said action) and those who contributed or assisted in giving authorization or the use of public funds to proceed in the prolonged prosecution of said action against the, now plaintiff. The plaintiff has a right to a jury trial of his peers.
The elements of a malicious prosecution care are
- that the defendant filed and/or prosecuted the underlying civil action;
- a favorable termination of the prior case;
- the absence of probable cause, meaning that no reasonable attorney would have considered it to be tenable;
- malice, which can be implied from a conscious disregard for the consequences, from a lack of probable cause and from inadequate investigation and research, and
Since the re-litigation of the former action will be prohibited, the favorable termination of that case is the starting point of the malicious prosecution case. Therefore, before the plaintiff's first witness is called, plaintiff should offer, as Exhibit "1" , the judgment in the underlying action. If a statement of decision was made, that document should also be offered.
Monday, July 28, 2008
"CRYSTAL LAKE - McHenry County Department of Health will offer free pelvic exams and Pap tests to any uninsured/under insured woman between the ages 35 and 64 through the state's Illinois Breast and Cervical Cancer Program.
Mammograms also are free through the IBCCP program for uninsured/under insured women ages 40 to 64.
McHenry County residents may register now for the IBCCP program by calling MCDH at 815-334-0232.
Services will be provided at the department's newest facility at 100 N. Virginia St.
Go have the tests done and "be around" to see your great grandchildren!"
Sunday, July 27, 2008
If you cannot resolve problems with this type of individual try going through the company's grievance process if they have one. If none exists then try to limit yourself physically and emotionally from this type of individual because you will never win on a one to one basis. Trying to gain the approval of such an individual will never work unless you revert to the status of a slave with no mind, will or morals of your own. "Whoever corrects a mocker invites insult; whoever rebukes a wicked man incurs abuse. Do not rebuke a mocker or he will hate you; rebuke a wise man and he will love you" (Prov. 9:7-8). Stay separate and be true to your code.
Friday, July 25, 2008
The city council retains ability to control by the power to approve or not approve all municipal expenses and liabilities. 65 ILCS 5/5-3-6. The manager's projects are subject to the council's power over the purse. The council can also abolish offices. 65 ILCS 5/5-3-8.
The final power the council has is that it can fire the manager from office. He/she can be removed at any time by a majority vote of the members of the council. 65 ILCS 5/5-3-7. A wise manager knows how many votes he needs to stay hired.
Thursday, July 24, 2008
- Enforcing laws and ordinance. 65 ILCS 5/5-3-7(1). He is responsible for the efficient enforcement of nuisance, traffic and regulatory ordinances through the police department; for enforcing building codes through the building department and enforcing zoning and land use regulations through the zoning administrator and zoning board of appeals or plan commission. He has the responsibility for all of this enforcement activity.
- Appointing and removing all departmental directors based upon merit and fitness. 65 ILCS 5/5-3-7(2). This means he has the authority to hire and fire all department heads. In essence it means he controls who gets hired or fired in all departments and divisions of the city. 65 ILCS 5/5-3.7(3). This authority includes the power to appoint and remove the chief of police. Every other department head and appointees serve at the pleasure of the city manager and city manager serves at the pleasure of the city council. It is obvious that the manager shall not discriminate illegally in hiring and firing decisions; in that sense he is not above the law or legal actions if alleged hiring or firings are proven to be illegal or discriminatory.
- Controlling all municipal departments and divisons thereof. 65 ILCS 5/5-3-7(3)
- Appointing and removing all appointive officers of a municipality formerly under the aldermanic form of government. 65 ILCS 5/5-3-7(4).
- Exercising all powers otherwise granted to clerks and comptrollers in connection with the preparation of an annual report of estimated funds. 65 ILCS 5/5-3-7(5). In other words he, the city manager, is responsible for all the finanacial data needed to be seen by the Mayor and City Council. By using this power he has further control over department heads because he controls the budget that determines the departments finances.
- The City Manager is the only individual that has the right to attend and participate in council meetings. 65 ILCS 5/5-3-7(6). Obviosly this places him in an important position because in many cases he is the only source of information and interpretation of specific problems or situations that may arise by which the City Council may make decisions.
- He has the right to recommend legislative action. 65 ILCS 5/5-3-7(7).
- Performing and executing any other duties prescribed by the City Council. 65 ILCS 5/5-3-7(8). He generally cannot create new offices or positions, incur any expenditures or enter into any contracts, as these are legislative and delegative functions left to the City Council. With authorization of the City Council he may however do so.
I have sat on many boards of directors over the last 35 years and usually we would routinely evaluate the individual who was acting as the equivalet to the City Manager at 6 month intervals; I hope and trust that the Woodstock City Council is doing the same. Remember what President Ronald Reagan said "trust but verify".
Monday, July 21, 2008
According to the U.S. Department of Labor "Developing a RTWA requires:
- Coordination between the employee, employer, union, Employee Assistance Program and/ or treatment professionals.
- Compliance with the organization's policies and legal obligations, as well as medical recommendations.
- Prior notification through company policy that an RTWA would be expected as a condition of continued employment.
I hope all people of honor and conscience in positions of authority use a RTWA for the benefit of the employee and not as an illicit tool to solve their self motivated problems with that employee. In the end we all will have to answer for our actions especially when they affect the welfare of other individuals and their families.
Sunday, July 20, 2008
I wonder if you still want to have "coffee with the chief" next month? Very, very expensive coffee.
Saturday, July 12, 2008
You may not know it but with the exception of three areas of the law,the State of Illinois does not certify any lawyers or law firms as specialty practices...they the law firm or lawyer advertises what he/she/it considers they are expert in doing.
So you are taking them at their word; that could be a dangerous and expensive proposition in some instances when you are dealing with an individual or firm with an operational philosophy that allegedly places their welfare ahead of their clients' welfare. Everyone beyond the age of reason (about 7 yrs. of age) knows that not all people are interested in pursuing "truth, justice and the American way". Not even Superman uses the phrase "American way" anymore...he also must be politically correct and not offend anyone.
The three areas of the law recognized as certifiable by Illinois are: Patent Law, Trademark Law and Admiralty Law. As is evident by looking through the yellow pages one does not see many of these individuals in McHenry County. McHenry County might therefore be considered somewhat of a general practice sort of a county as far as the practice of law. In other words, like the song that "dates" me says "you'd better shop around".
Enough background, lets get to the meat of the matter. Over the last few days several attorneys have contacted me and I have contacted a few others and requested their gut "feelings" about the underlying operational philosophy of firms that do a high percentage of their business in servicing the needs of villages, towns, cities, and other governmental units in McHenry County. Guess what I found out from these other attorneys? Not all are concerned about truth or doing the right thing; some are more concerned about winning, even if the cost of winning in bordering on the unethical or lets use a politically incorrect word now,the "amoral" but maybe technically legal. They know the average person living from paycheck to paycheck cannot always stand up to a prolonged legal battle and that is a tactic which is used by some to win and not to arrive at justice. Maybe its true what some say; on this earth you can buy all the law you can afford but the only place that justice will be dispensed will be in Heaven...I hope I am wrong...or this country has a very dismal future ahead of it.
In conclusion of this non-clerical homily I humbly ask that all units of government whatever their size ask and question the legal services they buy what their underlying philosophy is because winning is not the be all and end all. If you believe in a Creator like our Founding Fathers did then you at some time will stand in His presence and will give an accounting of yourself....and please forgive me for speaking for Him...He is not going to ask you how many times you have WON?
Thursday, July 10, 2008
"A Lion's Whelp was put on board a Guinea Ship bound to America as a Present to a Friend in that Country: It was tame and harmless as a Kitten and therefore not confined, but suffered to walk about the ship at Pleasure. A stately, full grown English Mastiff, belonging to the Captain, despising the Weakness of the young Lion frequently took it's Food by Force, and often turned it out of its Lodging Box, when he had a Mind to repose therein himself. The young Lion nevertheless grew in Size and Strength, and the Voyage being long, he became at last a more equal Match for the Mastiff; who continuing his Insults, received a stunning Blow from the Lion's Paw over his Ears, and deterred him from any further Contest with such growing Strength; regretting that he had not rather secured its Friendship than provoked it's Enmity."
Benjamin Franklin, Jan.2, 1770
Two articles stood out:
- TWO MEN CHARGED IN WOODSTOCK ASSAULT
The first was charged with two counts of reckless driving, criminal damage to property of more that $300, criminal damage to property of less that $300, and aggravated battery.
The second individual was charged with aggravated discharge of a firearm, possession of a firearm without a FOID Card, possession of ammunition without a FOID Card
According to the police the accident?....was gang related.
In reality a car and bullets were endangering the citizens of Woodstock. Luckily, no one was killed.
2. 2 CHURCH BURGLARY SUSPECTS HELD
Over the last 2 or 3 years it seems like I have been reading more and more articles regarding incidents (alleged crimes) like this in the newspaper. I wish the Northwest Herald, if they have not already done so and I missed it, print crime statistics for the whole county and each municipality so we can see where we stand and where work and creative initiative needs to be taken a notch or two higher.
I hope someone at the Northwest Herald reads this and can do this as a public service for the citizens of McHenry County so that they can see how we are doing in the fight against crime with the increasing population in the county.
Saturday, July 5, 2008
Railing and Reviling
Instead of raving against the opposing party as "diggers of pits for this country," "lunatics," "sworn enemies," "ungrateful," "cut-throats." and &cc. which is a treatment the opposition party will not like. I would recommend to all writers and commentators on American affairs (however hard their arguments may be) soft words, civility, and good manners. That way we may may hope to recover the affection and respect of that great valuable part of our fellow-citizens and restore and confirm the solid respect between the two parties, that is necessary to the strength and stability of the whole country. Railing and reviling can answer no good end; and it may make the breach wider; it can never heal it.
Benjamin Franklin (words in bold and italics altered by yours truly)
Here we are 240 years after that letter was printed and the advice still rings true.
Friday, July 4, 2008
My dear Mr. Ford:
I am very much pleased at your letter of the 3rd. Of course, when I come to Detroit it will be a great pleasure to see you. I want to go over at length with you this pacifist business. My dear sir, it was a real grief to me when you took the stand that you did about pacifism. I felt you had rendered a great service industrially, and therefore socially, to this people by what you had done in connection with your automobile factory. I hated to see you fall into the trap of pacifism; for in this country pacifism has been the enemy of morality for over fifty years. Don't forget that the pacifists of 1864 were the copperheads; that the men who put peace above righteousness without exception voted against Abraham Lincoln; that Abraham Lincoln had to war most strongly against the men who tried "to take the soldiers out of the trenches" in the Civil War. Righteousness, if triumphant, brings peace; but peace does not necessarily bring righteousness; and you my dear Mr. Ford, can render the very greatest service to this country if you will stand up for the valor of righteousness and put your great name and great influence back of that movement; and not try to help strike down righteousness in the name of peace - a copperhead peace.
Again cordially thanking you, I am, Sincerely yours,
PS: I don't object to the professional pacifist movement merely because it is futile; I object to it because it is profoundly mischievous from a moral standpoint."
If we don't learn from history we are bound to repeat our mistakes. We must know the difference between righteousness and peace if we as a nation are to survive over the long run.
While in England in 1775 Dr. Benjamen Franklin was asked by a British Nobleman, what would satisfy the Americans in the Colonies and end this bitterness?
He readily replied that only a few "Re's" would do it.
- store Castle William,
- call your Forces,
- pair the Damage done to Boston,
- peal your unconstitutional Acts,
- nounce your pretensions to Tax us,
- fund the duties you have extorted; after this
- quire, and
- ceive payment for the destroyed Tea, wit the voluntary grants of the Colonies, And then
- joice in a happy
Just think, if these few "Re's" might have be done we the United States of American might not exist today. Thank goodness for British stubbornness.
How many of us would take that chance? To stand up to the world's most powerful army, Great Britain's, and say we are now free and independent from you...for these good reasons; and then back it up with their very blood if necessary. These Patriots stand in a long line of Patriots that have taken that chance, some have laid down their lives so that we, today, can celebrate that ongoing experiment in government of the people, for the people and by the people...the experiment continues. Happy Birthday America....and many more!
Wednesday, July 2, 2008
In any event, this last summer on or about 29 August 2007 the Chief filed a complaint asking Woodstock's Board of Fire and Police Commissioners to fire the Sergeant because the Chief accused him of abusing prescription pain medications. No mention of the in-line of duty spinal injuries he had sustained was initially mentioned as the reason for the need for legitimate, physician prescribed pain medications. The Commissioners consisted of Ronald Giordano, Lawrence Howell, and Thomas Schroeder all of Woodstock along with an attorney hired by the City of Woodstock to act as council for the Board. The Chief through his City appointed and paid attorney Anne K.E. Brophy of the Law Firm of Zukowski, Rogers, Flood and McArdle of Crystal Lake prosecuted the Chief's complaint and took over four and one-half months(4 1/2)... that's correct, 4 1/2 months. The Chief and prosecution rested their case on Feb. 4, 2008.
I can only imagine what the legal fees amounted to for just this first part of the process and wonder if the Woodstock tax payers will ever find out the dollar cost to them.We all have seen capital cases (murder trials - criminal cases)last a lot less than this civil process (non criminal) case which was still not completed.Now you might think that it would take Sergeant Gorski's attorney Thomas Loizzo,of Woodstock, at least another four and one-half months (4 1/2) to present a defense for the Sergeant. It took attorney Loizzo a few minutes and a few sentences. Mr. Loizzo respectfully requested that the Board consider a Motion for a Directed Verdict (Decision). What this means is that Sergeant Gorski and his attorney did not present a defence against what the prosecution had presented for over 4 & 1/2 months. The Sergeant and his attorney believed that the Chief and the prosecution did not meet the burden of proof to find the Sergeant guilty of the Chief's complaint and to warrant his being fired from the Woodstock Police Force.
On February 4, 2008 the Board granted the motion for a directed finding and met privately to discuss the complaint. After several minutes they rendered there finding.The Board found unanimously (3 to 0) that the Chief failed to meet his burden to establish the guilt of the Sergeant. The Board ordered that the charges against Sergeant Gorski be dismissed and no disciplinary action was recommended whatsoever. The Board also directed that all back pay with statutory interest be paid to the Sergeant and he be reinstated when he can resume his duties. To date he has not received one penny of his back pay much less any interest. Instead the costly legal saga continues with the filing of another Complaint by the Chief, this time For Administrative Review by the 22nd Judicial Circuit of McHenry County. Named now by the Chief of Police as Defendants are all the Commissioners, Ronald Giordano, Lawrence Howell and Thomas Schroeder and now new co-defendant Sergeant Steven R. Gorski. Politics and legal tactics and the alleged inability to accept no to your request for discharge from the Police Department sure make strange bed-fellows.
The hearing will be before Judge McIntyre on July 18, 2008 in her courtroom. The Saga of Sergeant Gorski who was cleared of all charges along with his empty pocketbook and the continuing legal fees of Zukowski, Rogers,Flood and McArdle will continue in that courtroom like a never ending story. Where are the tax payers of Woodstock in this equation...nowhere to be considered by City officials it seems. I can only hope and pray and that in the end justice and truth and common sense will triumph and raw power, clout, ego and deep tax payer pockets do not prevail.
Section 9 also requires that in developing a RTWA "coordination between the employee, employer, union, Employee Assistance Program and treatment professionals" take place. It also requires that "prior notification through company policy that a RTWA would be expected as a condition of continued employment."
All of the above seems perfectly reasonable except that:
- It presumes that the underlying primary problem was one of an alcohol or drug nature and not one of a physical nature caused by two separate in-the-line of duty injuries to the individual involved. The first being witnessed by other individuals and the second officially documented at the time of injury.
- There also was no "coordination between the employee" and the other individuals mentioned in Section 9. He or his attorney were not included in any way in drawing up this so called RTWA.
- Prior notification that a RTWA would be necessary as a condition of his continued employment was never given before he started his relationship with the Employee Assistance Program.
The above being dully noted it also should be noted that on review of the unilaterally created document of self destruction (RTWA) that there was NO way that the Sergeant could live up to the unilaterally created document. He signed it under alleged duress from an alleged order of the Police Chief...something to the alleged affect of "sign it or you will never return to the police department". The document was a totally "loose-loose" one for the Sergeant. You judge for yourself. The agreement states in pertinent part:
"I will not use any substance containing the (named medications). I will not use any controlled substance other than that which is prescribed by a licensed physician......." this places the Sergeant in an impossible position; if he uses said medications for control of pain he is in violation of the unilateral agreement but then the agreement goes on to say that he can if prescribed by a licensed physician. This makes absolutely no sense.
I question the judgment of the people involved in this whole process of prosecution of Sergeant Steven R . Gorski. The Board of Fire and Police Commissioners found 3 to 0 in the Sergeant's favor but the Chief and the City persist in costly further litigation at the taxpayers of Woodstock's expense. When are the citizens of Woodstock going to say STOP !!! Enough already!!!!
2. Prosecuting various civil rights violations both towards an
individual and also towards an organization or entity that by
its actions and internal policies or lack of them foster in a
covert and in some cases an overt manner civil rights abuses
towards its employees
Looking through the Yellow Pages under Lawyers Guide does not help a lot because unlike other professionals that are certified to practice in specific areas the State of Illinois does not recognize certification or specialization in any field of law except "Patent", "Trademark" and "Admiralty" law. You have to take their word that they are good at what they say they are good at....hmmmm.
If you have any insights into individuals or firms that are really good at doing what they do please let me know. I would deeply appreciate it.