STATE OF ILLINOIS )

) SS
COUNTY OF DuPAGE )

ADDISON TOWNSHIP ETHICS COMMITTEE

In Re: Complaint of James Brill )

) No. ATEC-2022-1
)

ADDISON TOWNSHP ETHICS COMMITTEE

MEMORANDUM DECISION AND ORDER

NOW COMES the Addison Township Ethics Committee (the “Committee”) formed for

the limited purpose of considering the Complaint (“Complaint”) submitted by James Brill

(“Complainant”) pursuant to Addison Township Ordinance TO-2004-03, titled Township of

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

(collectively “Respondents”). On January 9, 2022, Complainant filed the Complaint with

Township Clerk Pamela J. Moretti. A copy of the Complaint is attached hereto as Exhibit 1.

Pursuant to sections 10 and 13 of the Ordinance, on February 2, 2022, Township Supervisor

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

Exhibit 9; a copy of Supervisor Reboletti’s Notice of Appointment is attached hereto as Exhibit

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

attached hereto as Exhibit 3 and Exhibit 4.

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

and acknowledged receipt of the Notice. A copy of Complainant’s Appearance is attached

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

Complaint. A copy of counsel’s Appearance is attached hereto as Exhibit 7. Respondent

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

Complaint. A copy of Respondents’ counsel’s letter is attached hereto as Exhibit 8. Counsel

also made oral argument consistent with the contents of the letter. Complainant was provided a

copy of the letter.

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

Complainant’s response is attached hereto as Exhibit 10.

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

alleges constitutes “prohibited political activity” as defined by the Ordinance:

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.

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:

Officers and employees shall not intentionally perform any prohibited

political 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.

Ex. 9, Ord., § 2.1.

The Ordinance contains the following definitions:

The term “employee” means all full-time, part-time and contractual

employees of the Township of Addison or any appointee. Ord., § 1.6.

The term “officer” as “all officials, whether elected or appointed,

including but limited to the Supervisor, the Township Clerk and the
Township Trustees. Ord., § 1.11.

The term “prohibited political activity” means:

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.

Ex. 9, Ord., §§ 1.14.a-c.

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

allegations in the Complaint.

THE PARTIES’ ARGUMENTS

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:

In addition to any other applicable requirement of law, any member of a

governmental entity appointed by the president or chairperson of the county
board, or by any member or members of the county board, with or without the
advice and consent of the county board, shall abide by the ethics laws applicable
to, and the ethics policies of, that county and, if applicable, shall be subject to the
jurisdiction of that county's ethics officer or inspector general.

5 ILCS 430/70-20. In response, Complainant argues:

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.

See. Ex. 10.

FINDINGS

The Complaint alleges that Respondents engaged in the actions as “agents of” the District

and as “BFPD#1 members.”

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

limitation, the power to:

• 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

District. Respondent DeMichele is alleged to be a paid consultant to the District. Ex. 1.

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

capacity as officers or employees of Addison Township. Ex. 9, Ord., §§ 1.6, 1.11.

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 primary rule of statutory construction is to ascertain and give effect to

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,

992 N.E.2d 605, 607.

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,

regulate or otherwise apply to the Respondents.

Regardless of whether characterized as a limit on the Committee’s jurisdiction or a limit

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

employees of a governmental entity other than the Township.

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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

Township only. 5 ILCS 430/70-5 (italics added).

Furthermore, contrary to Complainant’s argument, section 70-20 of the Act actually

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,

James Brill for The White Pines Community Alliance

4N386 Pine Grove Avenue
Bensenville, Illinois 60106
EXHIBIT 1
EXHIBIT 2
EXHIBIT 3
EXHIBIT 4
 Addison Township Ethics Committee
Rules of Procedure
The following Rules of Procedure shall be utilized by the Addison Township Ethics Committee
(hereinafter the “Committee”) when sitting for the hearing and passing upon a complaint submitted under
the Addison Township Ethics Ordinance, unless otherwise directed by the Committee at the
commencement of its hearings and deliberations.

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:

(a) Administer oaths and affirmations;

(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;

(f) Rule upon offers of proof and receive relevant evidence;

(g) Direct parties to appear and confer for the settlement or simplification of issues and
otherwise conduct pre-hearing conferences;

(h) Dispose of procedural requests or similar matters;

(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

(m) Prepare a written record of its proceedings.

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:

(a) the formation and simplification of issues;

(b) the possibility of obtaining admissions of fact and of documents to avoid unnecessary
proof;

(c) limitation of the number of witnesses;

(d) preparation and submission of written briefs and proposed findings of fact and
conclusions of law;

(e) scheduling of hearings on motions;

(f) proposed plan and schedule of discovery; and

(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.

6. NOTICE OF FILING AND SERVICE

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; bja@lbgalaw.com

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.

9. FAILURE TO FOLLOW DIRECTIVES

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.

10. GENERAL PROCEDURES

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 bja@lbgalaw.com 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.

Adopted this 16th day February, 2022.

/s/ Mattew Lozich

Matthew Lozich, Member

/s/ Gus Leventis

Gus Leventis, Member

/s/ Diana Kosmach

Diana Kosmach, Member

6
EXHIBIT 6
EXHIBIT 7
 February 14, 2022

VIA EMAIL TRANSMISSION

Brian J. Armstrong
Luetkehans, Brady, Garner & Armstrong, LLC
105 E. Irving Park Road
Itasca, IL 60143

Re: In Re: Complaint of James Brill

Case No: 2022 ATEC 01
Bensenville Fire Protection District No. 1
Our File No.: 09-994

Dear Mr. Armstrong:

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.

Very truly yours,

Bond Dickson Conway

Patrick K. Bond
Patrick K. Bond

CC: Paul Guerino, President;

Jeffrey Agonath, Trustee;
Mark Nowak, Trustee;

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