Barb De Laney Lockport IL. Township Trustee resigns from Appointment to Water Utility Board

From: Edward Ronkowski <eronkowski@hotmail.com>
Date: June 29, 2017 at 9:38:39 AM CDT
To: pete delaney <delaneycontracting@sbcglobal.net>
Subject: Re: Questions for Lockport Township

Dear Barb,
You have asked the question on whether a Lockport Township Trustee can serve on a Township Utility Board.  You have cited the correct statutory law which says,

“The township supervisor, subject to the approval of the township board, shall appoint 5 persons, all of whom are legal voters of the township and have resided in the township for at least 2 years before the date of their appointment. Any person holding an elective or appointive public office is not eligible for appointment to the utility board, and any person who has held an elective office or an appointive public office is not eligible for appointment for one year after the expiration of his or her term of office. “ (60 ILCS 1/205-100(a))[emphasis supplied]
http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=006000010HArt%2E+205&ActID=770&ChapterID=13&SeqStart=48700000&SeqEnd=52000000

Under subparagraph (c) of the above statute states such a board shall be called, “The board shall constitute and be the (Name of township) Utility Board. ”    A locally publicized case of Township of Lockport Utility Board and Township of Lockport v. Aqua Service Management Co., was just decided showing the existence of the Township of Lockport Utility Board.  The clear wording of the statute prohibits Township Trustees from serving on the board.
Certain potential liability puts Trustees who accept such appoint at civil and criminal risk.  Public documents show that the arsenic, radium and lead in the Lockport Township water system exceeded  health guideline levels in the past:
https://www.nytimes.com/interactive/projects/toxic-waters/contaminants/il/will/il1978100-lockport-township-water-system/index.html
http://www.ewg.org/tap-water/whatsinyourwater2/IL/lockport-township-water-system/1978100/
Just this month, public officials that supervised a contaminated water system were criminally charge in Michigan.
https://www.washingtonpost.com/news/energy-environment/wp/2017/06/14/top-michigan-health-official-charged-with-manslaughter-in-flint-water-crisis/?utm_term=.67f40688f4a8
It is my legal advice that you either not accept such appointment or resign immediately.
Edward Ronkowski
Attorney at Law
20821 Briarwood Lane
Mokena, IL  60448
708 227-5372

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June 30^th, 2017
 
 
Barbara J. DeLaney, Trustee
2209 Greengold Street
Crest Hill, IL 60403
 

 
Mr. Ron Alberico, Supervisor
Lockport Township Government
14635 Farrell Road
Lockport, IL 60441
 
Dear Mr. Alberico,
 
I regret to inform you that I must tender my resignation as a member of the Water Board/Utility Board effective immediately.
 
Certain potential liability puts Trustees who accept the appointment to this board at Civil and Criminal Risk.
 
The Statutory Law clearly states “Any person holding an elective or appointive public office is not eligible for appointment to the utility board”.
 
Therefore, I do not accept the appointment to this Board.
 
 
Sincerely,
 
Barbara J. DeLaney
Lockport Township Trustee