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East Central Reporter

Sunday, May 19, 2024

Village Gives Away Cash For Christmas Gifts – May Violate Laws

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Kirk Allen | co-founder of the Edgar County Watchdogs | Gary Fritz youtube upload

Kirk Allen | co-founder of the Edgar County Watchdogs | Gary Fritz youtube upload

Le Roy, Ill. (ECWd) –According to meeting minutes of the November 20, 2023, Le Roy village board meeting, the Trustees voted to give away municipal funds. By unanimous vote, Christmas gift (debit) cards totaling $1000.00 were gifted to village employees and to members of the village zoning board. At least one State’s Attorney has issued a written opinion on the gifting of public funds for things such as Christmas gifts, or for this letter, bereavement flowers, etc. The bottom line? It violates the constitution’s requirement of a public purpose, see Article VIII, Section 1. This must stop as it is abusive to tax payers and rate payers.

As we have previously noted, Christmas Bonuses for public employees, or bonuses of any kind, violate state law (Article VIII, Section 1 of the Constitution and the Wage Payment and Collection Act) when there are no written employment agreements spelling out such bonuses, along with measurable results required to obtain said bonuses. According to the Illinois Administrative Code for the Wage Payment and Collection Act, "An employee has a right to an earned bonus when there is an unequivocal promise by the employer and the employee has performed the requirements set forth in the bonus agreement between the parties and for all of the required conditions for receiving the bonus set forth in the bonus agreement have been met." These gifts may also run afoul of the Illinois Criminal Code: (720 ILCS 5/33E-16) Sec. 33E-16. Misapplication of funds. Without the written agreement, any bonuses are an impermissible gifting of public funds.

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