The Crystal Lake Park District will continue receiving legal services from a former board president after a commissioner sought to initiate an annual review process.
Last month, the board saw a shakeup in its leadership when commissioners unanimously agreed to appoint Commissioner Keith Nisenson as president, replacing Frederick Tiesenga.
In that meeting, the board also agreed to continue contracting with former board president Eric Anderson as park board attorney for at least three months while an annual evaluation was conducted. Anderson took over as the district’s new attorney the same day his seat on the park board expired.
As pointed out by Commissioner Cathy Cagle earlier this year, an annual evaluation is required by the board’s general policy.
“I think the public would like to know that we are using their dollars wisely and evaluating the people that we’re paying,” she said. “That seems common sense.”
But, Cagle’s efforts to initiate an evaluation process failed. Tiesenga countered her efforts with a motion to have legal counsel serve “at the pleasure of the board, like it’s been going on for the past 20 years.” It passed in a 4-3 vote, this time the tie-breaker being newly appointed President Nisenson.
He argued that since the attorney serves as an independent contractor, and not a park district employee, the attorney can be removed by a majority board vote at anytime.
“My personal take is that the policy needs to be revised,” he said. “An independent contractor should not have an annual review, because an independent contractor can be terminated at any time. That’s the review.”
Anderson said the proposed evaluation, which was proposed to include feedback from recently retired Executive Director Jason Herbster and interim Executive Director Kurt Reckamp, was “to stack the deck and try to embarrass me.”
“I feel like inviting the past executive director and this executive director is trying to stack the deck against an appearance that the majority is in favor of my services,” he said.
This was Cagle’s second attempt to seek other legal counsel options. She initiated a vote in January to consider other legal representation by opening up a Request for Qualifications, a formal procurement process for finding consultants. The measure failed in a 3-4 vote, with then-President Tiesenga as the tie-breaker.
Residents and some board members have been vocal in questioning Anderson’s role change and his $425-an-hour rate, which is about 60% higher than the previous attorney, Scott Puma of Ancel Glink at $270 an hour.
“Maybe I should reduce my rate because it is my hometown,” Anderson said at a meeting in April. “If you retain me for the next year, I am going to reduce my rate to $325 [an hour].”
That reduced rate seemed to have taken effect. The most recent legal billings posted in the board’s meeting packing shows an hourly rate billed at $325. According to the statement, Staub Anderson, the Chicago-based firm Anderson works for, billed the park district $1,690 for 5.2 hours for the month of May.