IN THE CIRCUIT COURT OF THE NINETEENTH

JUDICIAL CIRCUIT, LAKE COUNTY, ILLINOIS

GARY RAUPP, Township Assessor )

)
Plaintiff, )
) Case No.
v. )
)
VERNON TOWNSHIP, an Illinois )
Township; DANIEL DIDECH, )
Township Supervisor, in his )
individual and official capacity; )
MICHAEL LOFSTROM, Trustee in his )
individual and official capacity; )
ROGER ADDELSON, Trustee, in his )
individual and official capacity; )
ADAM BROAD, Trustee, in his )
individual and official capacity; )
PHILIP HIRSH, Trustee, in his )
individual and official capacity; )
)
Defendants. )

COMPLAINT FOR MANDAMUS AND

INJUNCTIVE RELIEF

The Plaintiff, by its attorneys, brings this suit for violation of the Illinois Open

Meetings Act and in support states:

1. The Plaintiff is a Lake County resident and serves, as he has for many

years, as the Vernon Township Assessor.

2. The Defendant Vernon Township is a Township organized under the Illinois

Township Code and is located in Lake County, Illinois.

3. The Defendant Daniel Didech is a Lake County resident who serves as

Township Supervisor in Vernon Township.

 4. The Defendant Roger Addelson is a Lake County resident who serves as

Trustee in Vernon Township.

5. The Defendant Adam Broad is a Lake County resident who serves as

Trustee in Vernon Township.

6. The Defendant Philip Hirsh is a Lake County resident who serves as

Trustee in Vernon Township.

7. This Court has jurisdiction over the Parties and subject matter.

8. Venue is proper in this County since all of the Defendants reside here and/or

because all of the conduct giving rise to this Complaint occurred in this County.

9. On December 4, 2017, the Defendants posted, or caused to be posted, a

Notice of Emergency Meeting scheduled for 7:30 p.m. on the following day, December 5,

2017. (A copy of the Notice is attached hereto as Exhibit A.)

10. The Illinois Open Meetings Act requires that notice of a meeting be posted

at least forty-eight (48) hours in advance, absent an emergency.

11. The stated purpose for this meeting was to discuss:

Assessor Gary Raupps decision to employ Phillip Raupp (his son)

and Joshua Cohen, both of whom are creating a hostile working
environment for the women in the Assessors office and used
taxpayer resources to distribute illegal drugs.

(Exhibit A.)

12. At the meeting, the Defendants discussed allegations of sexual harassment

and drug use by two Township employees.

13. The Township Supervisor has no legal authority over employees in the

Township Assessors office.

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 14. The Township Board has no legal authority over employees in the Township

Assessors office.

15. The Township Trustees, both individually and collectively, have no legal

authority over employees in the Assessors office.

16. Under the Illinois Township Code, the Assessor is empowered to hire

employees.

17. Under the Illinois Township Code, only the Assessor (and not the Township

Board, nor the Township Supervisor) have legal authority over Assessors office

employees.

18. There was no emergency or exigent circumstances justifying a meeting

under the Illinois Open Meetings Act.

19. The Illinois Open Meetings Act defines the term meeting as:

Any gathering, whether in person or by video or audio conference,

telephone call, electronic means (such as, without limitation,
electronic mail, electronic chat, and instant messaging), or other
means of contemporaneous interactive communication, of a majority
of a quorum of the members of a public body held for the purpose of
discussing public business or, for a 5-member public body, a quorum
of the members of a public body held for the purpose of discussing
public business.

5 ILCS 120/1.02

20. Under the Illinois Open Meetings Act, a meeting conducted without the

requisite 48 hours notice is unlawful.

21. The December 5, 2017 constitutes a meeting for purposes of the Illinois

Open Meetings Act.

22. During the first portion of the unlawful meeting of December 5, 2017, during

the Public Comments portion of the meeting, the Township Supervisor and Township

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Board were specifically advised that their meeting violated the Illinois Open Meetings Act

because there was no emergency.

23. During the first portion of the meeting, after having been advised that their

meeting was illegal, a member of the public requested and urged the Township Board to

immediately adjourn the illegal meeting.

24. The Defendants refused to adjourn the illegal meeting.

25. The illegal meeting was held in the Township Center located at 2950 N.

Main Street in Buffalo Grove, Lake County, Illinois.

26. At approximately 8:15 p.m. on December 5, 2017, the Defendants locked,

or caused to be locked, the entrance doors to the meeting place which prevented public

access to the public meeting.

27. The illegal meeting did not adjourn until approximately 9:07 p.m. on

December 5, 2017. The Defendants violated the Illinois Open Meetings Act in one or

more of the following ways:

a. By conducting a meeting with less than 48 hours notice;

b. By a gathering of a majority of a quorum for the purpose of discussing

public business without giving the required meeting Notice; and,

c. By locking the doors preventing public access during the Public

Meeting, thereby preventing any member of the public who wished
to gain access from doing so.

28. The Illinois Open Meetings Act provides as a remedy that the Court may

issue an injunction, or a writ of mandamus, to prevent public officials from violating the

Illinois Open Meetings Act.

29. Plaintiff requests that an injunction, or in the alternative a writ of mandamus,

be issued:

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 a. Enjoining Defendants from conducting public meetings on less than
48 hours notice;

b. Enjoining Defendants from conducting meetings in violation of the

Illinois Open Meetings Act;

c. Enjoining Defendants from meeting as a majority of a quorum in

violation of the Illinois Open Meetings Act; and,

d. Enjoining Defendants from locking the doors, or otherwise

preventing public access during the conduct of any public meeting
or public hearing in Vernon Township.

30. The Illinois Open Meetings Act also provides for the payment of attorneys

fees for the prosecution of an action to compel compliance with the Illinois Open Meetings

Act.

WHEREFORE, for the foregoing reasons, the Plaintiff respectfully requests that

this Court:

a. Enjoin the Defendants, their officers, agents and employees, and all
other persons acting in concert or participation with them from:

i. Enjoining Defendants from conducting public meetings on

less than 48 hours notice;

ii. Enjoining Defendants from conducting meetings in violation

of the Illinois Open Meetings Act;

iii. Enjoining Defendants from meeting as a majority of a

quorum in violation of the Illinois Open Meetings Act; and,

iv. Enjoining Defendants from locking the doors, or otherwise

preventing public access during the conduct of any public
meeting or public hearing in Vernon Township.

b. Order that the Defendants pay the Plaintiffs attorneys fees;

c. Award Plaintiff the costs of bringing this suit; and,

d. Awarding such other relief as the Court deems appropriate and just.

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 Respectfully submitted,

By:
Attorney for Vernon Hills

Keith L. Hunt
Bradley E. Faber
Hunt & Associates, P.C.
Three First National Plaza
Suite 2100
Chicago, IL 60602
312-558-1300
khunt@huntassoclaw.com