PB & PA Not Tax-Exempt!

Have you been solicited by the McHenry County Sheriff's Police Benevolent & Protective Association, Lodge #192, to donate money, goods or services for its Golf Outing this month? Or for any other donation this year or in past years? Remember the April 2 letter that informed you that contributions would be tax-deductible and that it is a non-profit organization?

Well, they aren't, and it wasn't.

When the President of the PB & PA, Eric Ellis, did not reply to my request for a copy of the IRS Determination Letter [relating to 501(c)(3) tax-exempt status], I figured something was up. Or down. The public ought to be able to find out if a group is really tax-exempt. And who better to ask than the president of the group? The tax-exempt status (by IRS) is required for contributions to be tax-deductible as donations to a charity.

The PB & PA is not tax-exempt, according to the Association's Woodstock attorney. He informed me that letters have been sent to those who have already made contributions, informing them that the contributions are not tax-deductible as donations and offering to return contributions to those who made them.

Were they a non-profit organization when the letter was sent out? No.

The PB & PA apparently thought it could ride on the coattails of the State Lodge but now realizes that it cannot. The attorney for the PB & PA said that Not-for-Profit status has been applied for with the Illinois Secretary of State.

Keep in mind that donations to non-profits are not automatically deductible for income tax purposes. The organization must also be tax-exempt by IRS. This distinction is often missed both by those who establish and operate non-profits and by those who want to donate to them.

© 2008 GUS PHILPOTT

Hit-and-Run Leads to $380 Fine

In early June I was tipped off to what was referred to as a "hit-and-run" accident involving a McHenry County Corrections (jail) officer at a Friday, May 9th party at Coleman & Co. on Lake Avenue in Woodstock. The party was the "Bailiff's Ball." Having read nothing in the local news about it, I contacted Woodstock Police Department with a FOIA Request on June 15.

On June 18 Karen Webb was fined $380 in McHenry County Court for "Failure to Give Notice of Accident." The charge was amended from the original charge of Leaving the Scene.

Witnesses to the crash reported that a woman backed a Ford Explorer out of a parking place and backed into a Ford pick-up truck. The driver got out of her vehicle and walked to the back of it (point of impact). Then she returned to her vehicle, pulled back into the parking space and then walked back into Coleman's.

A Woodstock police officer was dispatched to Coleman's and was told by customers that the driver of the Explorer had left Coleman's, and he could not locate her.

On Saturday morning a police sergeant met at the police station with a woman suspected of being the driver of the Explorer. She was read her Miranda rights and refused to sign the Miranda Notice. She also exercised her right not to answer questions. The sergeant directed the officer to proceed with identification steps, and the officer conducted a Photo Line-up with witnesses to the crash. They identified the driver positively.

Karen Webb was charged on May 15 with Leaving the Scene of a Property Damage Accident and ordered to appear in court on June 18. Webb posted a $100 bond.

On June 18 Webb was fined $380 on the amended charge of "Failure to Give Notice of Accident."

The lesson? Could it have been easier and cheaper to 'fess up that Friday night and just settle the damage claim? Did she really think that she would not be recognized and identified? Was there a reason that she did not want to talk to the Woodstock cops that night? Had she just found the other driver, it probably could have all been handled without any police involvement.

There is no reference in the police report to this being an alcohol-related crash. Was it? Obviously, with no contact with the driver immediately after the crash and before she re-entered Coleman's, it would be nearly impossible to convict on DUI, if she had been drinking. We all know that criminal justice system personnel never drink and drive; right? And a gathering of buddies at a local watering hole? They were all drinking sodas and lemonade...

The BIG question is why did it take a Freedom of Information Request to get this information? Why didn't the Woodstock Police routinely release this information to the press?

Woodstock Police have a precedent (at least one) of not releasing information to the press about accidents involving law enforcement personnel. This is a situation that cannot be allowed to continue. City Administration and the Board of Police and Fire Commissioners must represent the public's interest and require the Police Department not to withhold accident and ticket information when police or deputies are involved.

My original FOIA Request was denied - not by the FOIA Officer at the Woodstock Police Department, but on his behalf by the law firm of the City of Woodstock. The unusual change in procedure probably resulted in unnecessary expense to the Police Department (City of Woodstock/taxpayers). Advice and letters from the City Attorney do not come without charge.

Why did the Police Department go to that expense, instead of just sending the denial letter using their boilerplate response?

My appeal of the FOIA denial was granted by Woodstock's City Manager Tim Clifton, although the response was heavily redacted. With the Case Number, the name of the driver was readily available from Court records.

© 2008 GUS PHILPOTT

Pet Peeve - No Headlights

Last night I was tailgated by a driver in a large red pick-up truck who was driving with no headlights after dark (9:00PM). Over the past few years I have observed quite a few drivers of cars and pick-ups in Woodstock with no headlights lighted after dark. Do police ticket for this violation?

I was heading south on Route 47 in front of the old Jewel-Osco, when a vehicle came up fast behind me. I'll admit that I was "plodding" along at the 35MPH speed limit at the lane-drop by Tommy's. I am a frequent target of aggressive driving and road rage, because I drive at the posted speed limit - and in the right-hand lane when there are two or more lanes in my direction of travel. In the past I have had to take evasive action, in order to avoid being rear-ended.

This clown came up behind me - after dark - no headlights - only his bright roadlamps, which were mounted below the position of headlights, and his parking lights on.

Why do manufacturers build vehicles and wire them so that roadlamps can be used without headlights? There is probably an automotive engineer somewhere with the answer to that question. Headlights are required at night; roadlamps do not meet the requirement. And, when roadlamps are in use, they are not to blind other drivers.

So this clown comes up fast behind me, follows me closely (tailgates) and then backs off a little when he realizes that I am not going to speed up (above the 35MPH limit) for him. After we crossed Lake Avenue, he pulled the same stunt, again coming very close to the back of my car.

When we got to Benoy Motors, I stayed in the right-hand lane to allow him to pass, and that's when I got his license plate: Illinois 50 384P. I could read the word "Sport" on the right side of the truck but didn't get the make. If I were to guess, I'd say it was a Dodge.

I thought about siccing the Woodstock Police on him, but the driver turned east on Cobblestone, but there was no way I was going to follow him on an isolated roadway.

Request to police: Please ticket drivers who operate the vehicles after dark without headlights. Thanks!

© 2008 GUS PHILPOTT

What's That Smoke???

If you spotted smoke coming out of your drains right now, would you know what it's about? What to do? Whether there is a danger?

On July 7 the City of Woodstock will begin smoke testing. From the notice on the City's website: "The smoke should not enter a home unless a floor drain or bathroom fixture trap has become dry due to lack of use. To reduce the risk of having smoke enter a house, residents should pour one-half (1/2) gallon of water down each drain, especially every floor drain. Do not forget the drains in the basement. This should be done once every two weeks or so until testing has been done in the neighborhood."

Is there any health danger? Read the rest of the notice at www.woodstockil.gov Look for the information and the link on the right side of the City's homepage.

Know what to do if you encounter smoke in your home.

Also, know where else you might encounter it.

Flooding Lawsuit Against Woodstock

Just yesterday I spoke with a long-time Woodstock resident who suffered a MAJOR flooding loss back in August. Imagine my surprise when I learned she did not know of the class-action lawsuit in this matter. That made me wonder how many others suffered losses and don't know about this lawsuit.

A lawsuit was filed against the City of Woodstock by certain people who suffered major losses in the "flooding event" of August.

Where is that case now?

Judge Michael Caldwell drew the short straw and it's in his court. The lawyers are all busy doing their lawyering, and the current status is that Motions have been filed and decisions are awaited.

If I were a judge, I'd probably try to do things differently. Wouldn't it be a lark to give each case 45 minutes?

To the plaintiff: "You've got 15 minutes."
To the defendant: "You've got 15 minutes."
"Then I get 15 minutes."

Then everyone could head down to the bar (the other bar) and celebrate (or drown their sorrows).

Now to find out from Judge Caldwell's court when decisions on the Motions are scheduled...

Gas - Woodstock to Algonquin

OK, so who would like to explain why gas in Woodstock is $4.18 at Clark, $4.23 at the Marathon at Route 47 and Lake Avenue, $4.25 in Crystal Lake and ONLY $4.09 at the Mobil station at Algonquin Road and Pyott???

It's called price-gouging before a holiday week-end.

Gun owners - gangbangers?

I guess we can be glad that we don't live in Oak Park, Illinois.

National Public Radio apparently quoted Oak Park Village Manager Tom Barwin, an ex-police officer, observing, "It's just completely befuddling that our Supreme Court would be in alliance with the gangbangers."

I've got news for Village Manager Barwin. Heller is not about gangbangers. Out of what hat did he pull that one? He may not like the Heller decision but, like it or not, he is going to get to live with it. Or, of course, he could move to Canada or England or Australia or New Zealand, where he might find gun laws more to his liking.

Last time I checked Oak Park was still squarely within the continental boundary of the United States of America, where the Supreme Court gets the last word.

If Manager Barwin took the time to understand Heller and not just spout off with a knee-jerk reaction to that case, he'd realize that Oak Park will be a safer community when more law-abiding citizens are armed, within their homes or without. He should read More Guns, Less Crime, by Professor John Lott.

Many in Illinois think that you cannot carry a concealed weapon, because the State does not have a specific concealed-carry law. When you read the current laws closely, I believe you will find that you can lawfully conceal and carry. Even in Oak Park.

© 2008 GUS PHILPOTT