The *Morris Daily Herald* recently published a story detailing the final outcome of a long-standing legal battle between the Gardner Fire Protection District (FPD) and the Gardner Volunteer Fire Department (VFD). The case, which has drawn significant attention from local residents and officials, concluded with the appellate court upholding the earlier ruling in favor of the fire protection district.
“The decision fully supports our motions. Unless the department files a petition for review with the Supreme Court, this matter is settled,†said Richard Porter, attorney for the FPD, on Wednesday. “I don’t think the Supreme Court will take this case,†he added, expressing confidence in the lower court’s ruling.
Meanwhile, contact with Tim Rathbun, the VFD’s attorney, was not immediately returned, nor was former Fire Chief Randy Wilkey.
The dispute began several years ago when the FPD terminated its contract with the VFD. Under the agreement, the volunteer department, led by Wilkey, provided emergency services to Gardner using public funds. According to Porter, the VFD allegedly misused those funds for legal expenses related to an election for district trustees, and it also failed to account for a $47,000 credit card balance.
In response, the VFD filed a lawsuit, claiming the termination was “arbitrary and capricious†and that the district had no right to end the contract unilaterally. A year ago, Judge Robert Marsaglia ruled in favor of the FPD, stating that the department had failed to meet its obligations under the agreement.
The VFD appealed the decision, but the Illinois Appellate Court’s Third District recently affirmed the original ruling, confirming that the FPD acted within its rights when ending the contract due to the VFD’s lack of compliance.
“The court clearly stated that the district did not act arbitrarily or capriciously when terminating the agreement based on the department’s failure to meet reporting requirements,†the court’s order noted. It also emphasized that it would be misleading for the VFD to argue that the district shouldn’t have access to financial records, especially given the detailed budgeting expectations outlined in the contract.
The conflict initially stemmed from Wilkey’s refusal to provide original receipts for billing purposes. As a result, the FPD stopped paying the department’s bills, leading to a breakdown in relations and eventually, the loss of Wilkey’s position as chief.
This case highlights the importance of transparency and accountability in public service contracts, and the ongoing tension between volunteer departments and official fire protection districts.
Thanks, Dan.
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