GIVE THE GIFT OF LIFE

Yesterday I received a letter from Jesse White, Illinois Secretary of State. It was a "kind of" thank you note regarding my decision to be part of a life-saving team.

When I renewed my Illinois drivers' license I also signed onto the States new First-Person Consent Organ/Tissue Donor Registry. Even in death you can give life to another individual; I can't think of a more precious gift.

Almost 5,000 people are waiting for organ transplants to give them a second chance at life. Sadly many will die because of the lack of donors.

If you want to give the greatest gift you will ever give to another human being call toll free:

800-210-2106

or visit

www.LifeGoesOn.com

IT WILL BE THE GREATEST GIFT YOU WILL EVER GIVE

PUBLIC EMPLOYEE DISABILITY ACT...PEDA & WOODSTOCK ILLINOIS

(5 ILCS 345/0.01) (FROM Ch. 70, par. 90.9)
Sec; 0.01. Short title. This Act may be cited as the Public Employee Disability Act.
(Source: P.A. 86-1324.)

(5 ILCS 345/1) (from Ch. 70, par. 91)

Sec. 1. Disability benefit.

(a) For the purposes of this Section, "eligible employee" means any part-time or full-time employee.............and any full-time law enforcement officer..........who is employed (by) any unit of local government.......granted the power to employ persons for such purposes by law.

(b) Whenever an eligible employee suffers any injury in the line of duty which causes him to be unable to perform his duties, he shall continue to be paid by the employing public entity on the same basis as he was paid before the injury, with no deduction from his sick leave credits, compensatory time for overtime accumulations or vacation, or service credits in a public employee pension fund during the time he is unable to perform his duties due to the result of the injury, but not longer than one year in relation to the same injury. .............

(c) At any time during the period for which continuing compensation is required by this Act, the employing public entity may order at the expense of that entity physical or medical examinations of the injured person to determine the degree of disability.

(d) During this period of disability, the injured person shall not be employed in any other manner, with or without monetary compensation. ............

(e) Does not apply in this situation.

(f) Does not apply in this situation.

(g) Pursuant to paragraphs (h) and (i) of Section 6 of Article VII of the Illinois Constitution, this Act specifically denies and limits the exercise by home rule units of any power which is inconsistent herewith, and all existing laws and ordinances which are inconsistent herewith are hereby superseded. ........

(Source: P.A. 88-45; 89-507, eff. 7-1-97. )

As you may or may not know I am an advocate for an individual who has served the City of Woodstock for almost twenty years in a full time capacity in one of the City's Departments. He was injured in the line of duty and it was documented and has since had extensive spinal surgery and will require additional surgery in the near future. How is it that this Public Employee Disability Act has in no positive way aided him in any manner? Not only did it not help him but he was told by the City that he had to use the employee benefits, Family Medical Leave Act and credits he had accrued. This is expressly forbidden in paragraph (b) above.

I would like to know why the Public Employee Disability Act does not apply to this individual who has given 20 years of public service to the City of Woodstock. I would also like to know who made that decision that has dramatically and negatively affected this person's life and family.

The people of Woodstock should want to know why their publicly paid by tax dollars employees are treated in this manner. If I were one of them I would want to know the answers and who was the guiding force of this behavior. To date the injured party has not received one cent under PEDA (Public Employee Disability Act) and it has been over a year.

Stritch School of Medicine..REUNION 2008

PLEASE JOIN US

OCT. 24 - 26

RECONNECT...with your classmates

RE-ENGAGE...with your school

RENEW...friendships

Honoring the Classes of

1958, 1963, 1968, 1973, 1978, 1983, 1988, 1993, 1998, 2003

and all classes prior to 1958

for further info contact:

Stritch School of Medicine

Office of Development & Alumni Relations

2160 S. First Ave.

Maguire Center, Room 3410

Maywood, IL 60153

CHILDREN'S HEALTH & SAFETY FAIR

Be there or be square! You can't miss it! The 18th Annual Children's Health & Safety Fair.

WEDNESDAY, AUGUST 6, 2008

MCHENRY COUNTY COLLEGE

9am - 4pm

• Interactive Health & Safety Fair
• Door Prizes & Intertainment
• School Physicals - By Appointment Only
• Reduced Cost Immunizations
• Dental Exams

If your child is receiving Immunizations,

you must bring as updated shot record.

Request this early.

FOR MORE INFORMATION CALL:

815-334-4500

To schedule an appointment for a physical

Please call 815-334-8987

BE THERE FOR YOUR CHILD'S SAKE!!!

Strange Things are Happening

At 8 A.M. this morning I received a phone call from the business office of a hospital health system in Florida. My wife and I spent some time in Florida this winter. During the stay in the land of sunshine we needed the services of an emergency room. All turned out well and no serious problems were noted.

We went through the usual process of signing in and filling out all sorts of forms and finally the hospital making a copy of your driver's license and insurance card. We finally got back to where we were staying about 4 hours later after some tests and x-rays and treatment was done.

I just recently received the bill (about 5 days ago) and it was about what I had expected it to be, but here is the interesting part; the call I received from a very polite gentleman said they were running a special for the next ten days and if I could pay the bill in that period of time they would discount it by 50%........50%. Wow...I never had an offer like that in my lifetime. Financial times must be tough down there in Florida. Oh and by the way....the check IS in the mail.

ILLINOIS IS BAD...BAD...BAD!

I received a copy of correspondence yesterday from the Illinois Climate Action Network (Illinois CAN). It was basically proposing that we all in Illinois jump on the Global Warming Bandwagon by supporting S.B. 2220 / H.B. 5254: A Plan to Reduce Global Warming Pollution.

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.

Malicious Prosecution

While surfing the Internet in doing a little research on my previous blog The "Finger" I came upon some interesting material related to malicious prosecution.

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

1. that the defendant filed and/or prosecuted the underlying civil action;
2. a favorable termination of the prior case;
3. the absence of probable cause, meaning that no reasonable attorney would have considered it to be tenable;
4. 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
5. damages

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.

THE "FINGER"

I can only wonder what "charges" would have been brought (trumped up?) against Greg Kachka if he had used the "finger" instead of a gun-like gesture. I suspect that many individuals in appointed positions or elected positions take themselves more seriously than they do their jobs. What constitutes disorderly conduct in its legal definition or is that charge, now, in many instances, being used to stifle orderly but honest direct and blunt questioning and confrontation that some individuals in positions of authority find objectionable? If we are judged and charged with crimes because of how we look, what we wear or sometimes loose our "cool" and say or do something that does not in reality harm or threaten anyone than at least half of McHenry County might be in jail now or posting bond right now because someones sensitivities were trod upon. We need people in governmental positions who know they are there serving at the pleasure of the people and not there to act as feudal lords exercising their authority over "their" subjects. Be careful what you say and do or you might get "Kachkaed".

Ladies...Its Your Health and Life

As most of you know I am a retired physician and a member of the McHenry County Board of Health. Do I have a deal for you and it could save your life. All that it takes is a little bit of your time.

"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!"

Workplace Advice

Lucky is the man/woman who doesn't have a supercritical boss in the workplace who causes stress in everyone in the vicinity. Many people will try to resolve this stress by getting on the "good side" of that individual: commonly known as "brown nosing" or "apple polishing"; this is almost universally not successful. Some allow the boss to provoke them to anger. Neither of these techniques work since they allow the boss to invade your personal space and the boss is rewarded by a false sense of control over you and your activities...in a sense micromanaging your every move...you can never know what is correct or incorrect because the boss doesn't know what is appropriate or not appropriate in particular situations or he/she would not use this bullying technique to lead. A good boss, leader, leads by example and never asks his men or women working with him/her to do anything he/she wouldn't do. That is how you gain the respect of the troops.

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.

City Councils...do what?

This city council can initially structure the municipal government. Once that is accomplished and the city is under the manager form, the power of the council is almost entirely legislative. 65 ILCS 5/5-3-6.

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.

Timothy J Clifton City Manager Woodstock IL

The City Manager's authority is stated in section 5/5-3-7 of the Illinois Municipal Code. What he may and may not do in relation to the mayor and council and the administration of the city government is stated in the above section.

1. 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.
2. 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.
3. Controlling all municipal departments and divisons thereof. 65 ILCS 5/5-3-7(3)
4. Appointing and removing all appointive officers of a municipality formerly under the aldermanic form of government. 65 ILCS 5/5-3-7(4).
5. 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.
6. 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.
7. He has the right to recommend legislative action. 65 ILCS 5/5-3-7(7).
8. 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".

RETURN TO WORK AGREEMENTS

According to the U.S. Department of Labor (www.dol.gov/elaws) Sept. 16, 2007 "a Return-to-Work Agreement (RTWA) is a written document that sets forth the expectations that the employer and the employee assistance/medical professional have of an employee who has completed mandated treatment for alcohol and/or drug problems." This agreement is to be used if an individual has a primary alcohol and/or drug problem. Primary meaning that his/her alcohol and/or drug problems are the basis of the work related problems that are occurring. It is not designed to be used on an individual whose primary problem is a work related injury or injuries or disease who is under the care of a licensed physician who prescribes the drugs for either cure or mitigation of symptoms such as pain or any of a myriad of others. One example of the misuse of this type of RTWA would be to force a employee, lets say who has cancer, to sign the RTWA because the drug the employee's physician has prescribed might at times cause nausea and or vomiting and interfere with workplace routine. The RTWA to be used must be for an underlying primary alcohol and/or drug problem and not used to impede the treatment of an underlying disease or injury or injuries, especially if said injury or injuries were sustained in the workplace. It, the RTWA is not meant to be a "one size fits all" agreement; that should be obvious to all rational and sensible people. It should not be used to "get rid" of or discard employees that are becoming a logistical or financial problem for the employer...to use it for this reason would be amoral and allegedly illegal.

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.

NEVER ENDING EGO?

Over one year ago Robert "coffee with the chief" Lowen of the Woodstock Illinois Police Department filed a complaint against Sgt. Steven R. Gorski with the Woodstock Illinois Board of Fire and Police Commissioners asking that the Sergeant be fired from the department for misconduct according to Lowen. Lowen's tax payer paid City of Woodstock Illinois attorneys presented 4 1/2 months of supposed evidence ending prosecution of the Sergeant on January 4, 2008....or did they....yes you heard me correctly...4 1/2 months. The Sergeant's attorney asked the Woodstock Illinois Board of Fire and Police Commissioners to consider a Motion for Directed Decision. What this meant is that Lowen and his cadre of tax payer paid attorneys did not prove their case in the 4 1/2 months they were trying to. On February 14, 2008 the Woodstock Illinois Board of Fire and Police Commissioners granted the Sergeant's Motion for a Directed Decision and also decided the complaint which was filed against him. The decision was 3 to 0 in the Sergeant's favor. The Woodstock Illinois Board of Fire and Police Commissioners ordered that "the charges against (the Sergeant) be dismissed" and that the Sergeant "be reimbursed for any wages withheld"...now almost a year's amount of pay. The Board stated that the "Chief" and "appropriate corporate authorities are directed to implement this order forthwith." To date only further litigation has been implemented forthwith by Lowen and the appropriate corporate authorities. This further litigation against the City's own Board of Fire and Police Commissioners and the Sergeant is counterproductive and is only costing the tax payers a whole lot of legal fees to the firm of Zukowski, Rogers, Flood & McArdle of 50 Virginia Street in Crystal Lake Illinois. In the end I suspect the only real winners in this episode will be the law firms bottom line....more money out of Woodstock tax payers pockets and into the law firms pockets.

I wonder if you still want to have "coffee with the chief" next month? Very, very expensive coffee.

CAVEAT EMPTOR...buyer beware!

Usually "caveat emptor" is the Latin for "let the buyer beware" and usually is applied to property purchased. In this instance I will use it to apply to the purchase of legal services: one might say "intellectual" property. I will admit the analogy is not perfect and some of the property might not be worth the price asked for it...especially in the long run to the client.

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?

A Word To The Wise...Fable III...Ben Franklin

This fable of Benjamin Franklin was published in "The Public Advertiser" , January 2, 1770 and the sage advice given equality applies today in certain situations that exist in McHenry County.

"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

Coffee With The Chief

While having "coffee with the chief", my wife, I was reading Section C LOCAL & REGION of the Northwest Herald dated Thursday, July 10, 2008.

Two articles stood out:

1. 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.

Circuit Judge Michael T. Caldwell

I want to take this time to personally congratulate Judge Michael T. Caldwell for his being recognized with the McHenry County Bar Association's Distinguished Service Award. He has always been a gentleman, distinguished attorney and judge and will forever be held in my highest regards. Thank you for your service to the people of McHenry County.

Railing and Reviling

On January 8, 1768, Benjamen Franklin wrote an article to Gazetteer and New Daily Advertiser. I took this article and changed a few words here and there to reflect the current times.

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.

RIGHTEOUSNESS & PEACE

The more time passes the more things remain the same. This is a letter written from Port of Spain, Trinidad, February 9, 1916 to Mr. Henry Ford by Theodore Roosevelt.

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,
Theodore Roosevelt

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.