1. City of Kankakee’s Motion for Sanctions
      2. AFFIDAVIT OF SERVICE
CLER~(’c~
~
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
M,4Y
o
5
2003
THE CITY OF KANKAKEE, an Illinois
)
~o~utionSTATE
OFCo ILLINOIS
I~LunicipalCorporation
)
fltro, Board
)
Petitioner
)
v.
)
No. PCB 03-125
)
COUNTY OF KANKAKEE, a body politic and
)
(Third-Party Pollution Control Facility
Corporate; KANKAKEE COUNTY BOARD;
)
Siting Appeal)
And WASTE MANAGEMENT OF ILLINOIS,
)
INC.,
Respondent
)
)
MERLIN KARLOCK,
)
Petitioner
)
)
v.
)
No. PCB 03-133
COUNTY OF KANKAKEE, a body politic and
)
(Third-Party Pollution Control Facility
Corporate; KANKAKEE COUNTY BOARD;
)
Siting Appeal)
And WASTE MANAGEMENT OF ILLINOIS,
)
INC.,
)
Respondent
)
)
MICHAEL WATSON,
)
Petitioner
)
)
v.
)
No. PCB 03-134
COUNTY OF KANKAKEE, a body politic and
)
(Third-Party Pollution Control Facility
Corporate; KANKAKEE COUNTY BOARD;
)
Siting Appeal)
And WASTE MANAGEMENT OF ILLINOIS,
)
INC.,
)
Respondent
)
KEITH RUNYON,
)
Petitioner
)
)
v.
)
No. PCB 03-135
COUNTY OF KANKAKEE, a body politic and
)
(Third-Party Pollution Control Facility
Corporate; KANKAKEE COUNTY BOARD;
)
Siting Appeal)
And WASTE MANAGEMENT OF ILLINOIS,
)
INC.,
)
Respondent
)
)
WASTE MANAGEMENT OF ILLINOIS
)
INC.,
)
Petitioner
)
)
v.
)
No. PCB 03-144
)
(Pollution Control Facility
COUNTY OF KANKAKEE,
)
Siting Appeal Consolidated)
)
Respondent
)
NOTICE OF FILING
To:
See Attached Service List
PLEASE TAKE NOTICE that on May 1, 2003 there caused to be filed via U.S. Mail
with the Illinois Pollution Control Board an original and 9 copies ofthe following document, a
copy ofwhich is attached hereto:
City of Kankakee’s Motion for Sanctions
Respectfully submitted,
The City 9f jk~e
By:
____________
Attorney for City ofKankakee
Prepared by:
L. Patrick Power #2244357
Corporate Counsel
956
North Fifth Ave.
Kankakee, IL 60901
(815)
937-6937
2
BEFORE THE ILLINOIS POLLUTION CONTROL BOi~~K~~
THE CITY OF KANKAKEE, an Illinois
)
MAY 052003
Municipal Corporation
)
)
STATE OF ILLINOIS
Petitioner
)
Pollution
Control
Board
y.
)
No. PCB 03-125
)
COUNTY OF KANKAKEE, a body politic and
)
(Third-Party Pollution Control Facility
Corporate; KANKAKEE COUNTY BOARD;
)
Siting Appeal)
And WASTE MANAGEMENT OF ILLINOIS,
)
NC.,
Respondent
)
)
MERLIN KARLOCK,
)
Petitioner
)
)
v.
)
No. PCB 03-133
COUNTY OF KANKAKEE, a body politic and
)
(Third-Party Pollution Control Facility
Corporate; KANKAKEE COUNTY BOARD;
)
Siting Appeal)
And WASTE MANAGEMENT OF ILLINOIS,
)
INC.,
)
Respondent
)
)
MICHAEL WATSON,
)
Petitioner
)
)
v.
)
No. PCB 03-134
COUNTY OF KANKAKEE, a body politic and
)
(Third-Party Pollution Control Facility
Corporate; KANKAKEE COUNTY BOARD;
)
Siting Appeal)
And WASTE MANAGEMENT OF ILLINOIS,
)
INC.,
Respondent
)
KEITH RUNYON,
)
Petitioner
)
)
v.
)
No. PCB 03-135
COUNTY OF KANKAKEE, a body politic and
)
(Third-Party Pollution Control Facility
Corporate; KANKAKEE COUNTY BOARD;
)
Siting Appeal)
And WASTE MANAGEMENT OF ILLINOIS,
)
INC.,
)
Respondent
)
)
WASTE MANAGEMENT OF ILLINOIS
)
INC.,
)
Petitioner
)
)
V.
)
No.
PCB 03-144
)
(Pollution Control Facility
COUNTY OF
KANKAKEE,
)
Siting Appeal Consolidated)
)
Respondent
)
MOTION FOR SANCTIONS
Pursuant to 35 III.
ABM
Code 101.800
Now comes City of Kankakee, a Municipal Corporation, (“City”), by and through its
attorneys, L. Patrick Power and Kenneth A. Leshen, Assistant City Attorneys, and moves Illinois
Pollution Control Board and/or the Hearing Officer to impose sanctions against the County of
Kankakee for failure to comply with procedure rules ofthe Board and in support thereof states
as follows:
1.
That audio tapes of County Board secessions and County Board Committee
secessions were requested by the City of Kankakee and Respondent, Watson, as part of the
discovery request dated on or before April 4, 2003.
2.
That the County ofKankakee was directed to produce said audio tapes.
3.
That attorney for the County, Richard Porter stated to the attorneys for the City of
Kankakee and attorneys for Mr. Watson that he would not surrender those tapes until he had an
opportunity to listen to same and determine whether any of the tapes covered executive
secessions.
4.
That although the County Board did provide minutes of said meetings, these
minutes were not verbatim and therefore the tapes are important in order to adequately cross-
examine certain potcntial witnesses, namely, Pam Lee, Karl Kruse and others.
5.
That attorney, Richard Porter has been promising to produce said tapes since the
requests by City ofKankakee and Respondent, Watson.
2
6.
That the City’s ability to examine the above referred to witnesses has been
seriously compromised by Kankakee County’s failure to provide the above referred to audio
tapes in a timely manner.
WHEREFORE, City ofKankakee, prays has follows:
I.
That the County of Kankakee be directed immediately produce all of the audio
tapes of the County Board secessions committee meeting secessions requested in the City of
Kankakee’s request to produce.
II.
That City be given adequate time within which to examine said tapes before
taking the deposition ofKarl Kruse.
III.
That the start of the hearing in this cause be delayed, if necessary, to allow the
City ofKankakee to complete its discovery.
Respectfully submitted,
The City of
By:
-
The City ofKankakee
By its attorneys, L. Patrick
Power and Kenneth A.
Leshen, Assistant City
Attorneys
Prepared by:
L. Patrick Power and
Kenneth A. Leshen, Assistant
City Attorneys
956 N. Fifth
Kankakee, IL 60901
937- 6937
Reg. No. 03127454
Reg. No. 2244357
3
AFFIDAVIT OF SERVICE
The undersigned, pursuant to the provisions ofSection 1-109 of the Illinois Code
ofCivil Procedure, hereby under penalty ofperjury under the laws ofthe United States of
America, certifies that on May 1, 2003, a copy ofthe foregoing City ofKankakee’s
Motion for Sanctions
was served upon:
Dorothy M.
Gunn,
Clerk
Illinois Pollution Control Board
James Thompson Center
100 W. Randolph St., Suite 11-500
Chicago, IL 60601-3218
Charles F. Heisten
Attorney
at Law
P.O.Box 1389
Rockford, IL 61105-1389
Fax:
(815)
963-9989
Kenneth Leshen
One
Dearborn Square, Suite
550
Kankakee, IL
60901
(815)
933-3385
(815)
933-3397 Fax
George Mueller
Attorney
at Law
501 State Street
Ottawa,
IL 61350
(815)
261-2149
(815)
433-4913 Fax
Keith Runyon
1165 Plum Creek Dr. #D
Bourbonnais, IL 60914
(815)
937-9838
(815)
937-9164
Fax
Donald J. Moran
Attorney at Law
161 N. Clark, Suite 3100
Chicago, IL 60601
(312) 261-2149
(312) 261-1149 Fax
Elizabeth Harvey,
Esq.
One IBM
Plaza, Suite 2900
330 N. Wabash
Chicago, IL 60611
(312) 321-9100
(312) 321-0990 Fax
Jennifer J. Sackett Pohlenz,
Attorney at Law
175 W. Jackson Blvd., Suite 1600
Chicago, IL 60604
(312) 540-7540
(312) 540-0578 Fax
Leland Milk
6903 S. Route
45-52
Chebanse, IL 60922
Patricia O’Dell
1242 Arrowhead Dr.
Bourbonnais, IL 60914
Brad Halloran,
Hearing
Officer
Illinois Pollution Control Board
100 W. Randolph St., Suite 11-500
Chicago, IL 60601-3218
Fax: (312) 814-3669
By depositing a copy thereof, enclosed in an envelope in the United States Mail at Kankakee,
Illinois, proper postage prepaid, before the hour of 6:00 p.
.,
on
1st
day of May 2JJ03, addressed
as above.
~
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~IMIS8IO~pi~j~2QO5
Prepared by: L. atric
AssistantCity Attorney
956
N. Fifth Avenue
Kankakee,IL 60901
(815)
937-6937
of May 2003.
Kenneth A. Leshen
Assistant City Attorney
One Dearborn Square, Suite
550
Kankakee,IL 60901
(815) 933-3385

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