During every election cycle candidates routinely tout having integrity.
Unfortunately, for some in government, it is a concept that escapes application.
In Lakemoor, a recent FOIA lawsuit was filed that spells out with particularity the efforts undertaken by the Village Administrator (Todd Weihofen), the FOIA Officer (Donna Rogers) and Village Attorney (Jeremy Shaw) to hide a “Formal Complaint Against Todd Weihofen”.
According to the lawsuit, in May of 2024 the Lakemoor Village Board received an email with the subject line “Formal Complaint Against Todd Weihofen”.
At the center of the lawsuit is a FOIA request seeking any formal complaints against Todd Weihofen.
The FOIA request was denied by Lakemoor’s FOIA officer, Donna Rogers, on the basis that there is no such document.
Rogers is subordinate to Weihofen.
The requestor even asked what he could do to get the document short of litigation and Weihofen responded to the requestor he could seek relief from the Public Access Counselor.
Although Weihofen could have produced the document, he did not.
Additionally, as previously reported by the McHenry County Blog, Weihofen and the Village were sued in the federal court.
Yet, upon receipt of the FOIA request seeking any “formal complaint” or communications concerning or related to Weihofen’s conduct, the response was that no such record exists.
According to the exhibits to the FOIA lawsuit, after a request for review by the Illinois Attorney General, Lakemoor Village Attorney Jeremy Shaw had a conversation with the Public Access Counselor.
The Public Access Counselor detailed the numerous representations of Attorney Shaw concerning Lakemoor’s compliance with the request.
He doubled down for the Village and conveyed a comprehensive examination of the Village records was conducted claiming the non-existence of the record.
Moreover, Attorney Shaw went so far as to represent to the Attorney General’s office a comprehensive review of the Village’s e-mail system and Weihofen’s e-mail were also conducted resulting in the absence of any responsive record.
Based on Attorney Shaw’s representations, the Public Access Counselor determined that the request for review was unfounded.
However, the lawsuit has numerous paragraphs which cite to the date and time the “Formal Complaint Against Todd Weihofen” was submitted to the Village Board via e-mail.
The Complaint identifies, its author, the e-mail addresses of the initial recipients. The complaint also details how former Lakemoor Trustee Phil Vavalle actually forwarded the e-mail with the “Formal Complaint Against Weihofen” to Weihofen himself and specifying the date so forwarded.
Unlike most FOIA lawsuits, this lawsuit has three counts and the Complaint is verified.
The additional counts seeks damages pursuant to a Civil Conspiracy and a failure of the Village of Lakemoor to supervise its employees.
The allegations of willful and wanton behavior may take this case outside of tort immunity.
That spells potential big trouble for Lakemoor in the case seeking approximately $3,000,000 in damages.
As pointed out in the FOIA lawsuit, the pending federal lawsuit, was not tendered to the requestor.
A review of the federal PACER system reveals that an attorney has appeared in that case for the Village of Lakemoor.
However, the published meeting agendas do not discuss the federal lawsuit and do not show any action to be taken hiring an additional attorney other than the Village Attorney.
The presently published minutes do not show that the federal lawsuit was ever discussed.
The Plaintiff is represented by Attorney Robert Hanlon.
When reached for comment, Hanlon stated: “There is simply no excuse for any government employee to hide any record. It may not seem like a big deal, but it’s insidious. I have complied with my obligations to alert the Attorney Registration and Disciplinary Committee as well as reporting the issue to the appropriate authorities.”
McHenry County Blog has obtained a copy of the “Formal Complaint Against Todd Weihofen” from an anomous source and confirmed the truth of the allegations contained in the FOAI complaint.
A review of the document shows it is consistent with the allegations in the complaint.
Meanwhile in McHenry County Hanlon and famous Harvey Weinstein lawyer, Donna Rotunno, have filed motions with the Circuit Court detailing even more lies in a motion challenging the issuance of a search warrant seeking return of seized Hemp.
That motion is also based partially on numerous false statements by Todd Weihofen and other false statements and omissions in applying for a search warrant.
Hanlon’s interest in Todd may be fueled by Weihofen’s failed attempt to obtain an order of protection against Hanlon for exposing Weihofen’s misconduct.
Than may lead many of my readers to conclude poor Todd.