Companion to the plain guide

The full record

This is the long version: the statutes, the timeline, every dollar figure with the document it came from, the meeting transcripts, and a list of what we asked for and what came back. It exists so you can check our work, or argue with it.

If you just want to know what the ballot question means, read the plain guide instead. Nothing here contradicts it.

1. How we sourced this, and where we could be wrong

Three kinds of material sit behind these pages, and they are not equally strong. We label which is which throughout, using these tags.

Document A record we hold: a statute, an adopted budget, a FOIA response, a certified abstract. The strongest category.

Meeting record Something said at a public meeting, taken from the recording. Strong as to what was said, weaker as to whether it is true.

Not confirmed Something one side asserts that we have not yet matched to a document. We print these as claims, never as findings.

The one methodological problem you should know about

The meeting recordings are posted by the road district and carry automatic captions. Those captions do not label who is speaking. On a contentious night, with people talking over each other, the transcript renders several voices as one.

So we do not attach a name to a quotation unless the context makes it certain. The most important quotation on these pages, the answer about the savings figure, is attributed to a member of the township board, answering for the board, and it will stay that way until we confirm the speaker on video. We would rather publish a slightly weaker sentence than a wrong name.

Corrections and updates, September 28, 2026

  • Permanent road tax. We wrote that it “keeps being collected no matter how you vote.” Too strong. The authority to levy it survives either way and only a separate referendum can repeal it, but after abolition the township board decides how much of it to levy each year, and could levy less. That is the mechanism the township’s information sheet now describes.
  • Posting time of the August 10 meeting notice. We wrote 4:50 p.m. The signed posting certificate the township published reads 3:50 p.m. on Saturday, August 8. We have used the document.
  • Certification. Previously listed as unconfirmed. It is now confirmed: the question is on the County Clerk’s master specimen ballot. See section 3.
  • Law enforcement referral. Our list of open items said no charge had been “sought or filed.” The Daily Journal reported on May 25, 2026 that the township attorney referred the fuel tank project to law enforcement. We should have included that. No charge has been filed on any record we can find.
  • Who does the work. We framed the county and the village as the obvious replacements. The township’s stated plan is to keep the same road crew as township employees. Our records requests to the county and village still stand as reported, but they answer a narrower question than we implied.

Our correction policy

If something here is wrong, tell us and we will fix it on the page, say what changed, and say why. We have already corrected ourselves in this file once: an earlier draft of our own notes said the township board could simply lower the road district levy on its own. That is wrong, and the reason it is wrong is set out in section 3.

2. Timeline of the dispute

Dates are from documents and recordings. Where a date rests only on one person’s account at a meeting, it is marked.

September 15, 2025
The highway commissioner tells the board that fuel tank installation is under way, and the supervisor asks whether the cost will pass the $30,000 bidding threshold. The township attorney is introduced at this meeting.
Not confirmed This is the commissioner’s account, given on September 21, 2026. In May 2026 he told the Daily Journal he could “pull up the October minutes” showing the same thing. We have requested the September 2025 minutes.
August to October 2025
The fuel storage project is built at the road district yard, about $128,000 in total, billed in six invoices from Piggush Simoneau Inc., each under the $30,000 bidding threshold. Other vendors named: Outsen Electric, Heritage FS, Action Fence.
Press report Daily Journal, May 24, 2026.
December 9, 2025
The road district starts its own YouTube channel and begins recording board meetings, saying it does so because its responses were being left out of the written minutes.
Document Channel launch video.
December 15, 2025
The township board adopts the road district levy for tax year 2025, $1,660,300, as Ordinance 12-25-02, by a 3 to 2 roll call: Umphrey, Alexander and Cianci yes; Pallissard and Pepin no. $1,294,000 of it is Permanent Road Tax. The Truth in Taxation certificate filed with it says the aggregate increase did not exceed 5 percent, so no hearing was required.
Document Levy ordinance posted on the township website. Relevant because the September 2026 information sheet says this levy “was increased this year by the current Highway Commissioner.”
January 12, 2026
The commissioner emails the county assistant engineer asking for asphalt estimates for several roads, starting the process that becomes the summer paving job.
Meeting record Email read aloud on September 21, 2026.
March 2026
Allegations about no-bid work surface for the first time, roughly six months after the tank work was discussed.
Meeting record
March 21 and 25, 2026
The township attorney writes that he is unaware of any conflict preventing him from advising the commissioner. The commissioner writes back asking for guidance. The attorney replies that his understanding is another lawyer is already acting, so he cannot advise.
Meeting record Both sides describe these emails consistently. We have not obtained the emails themselves.
May 18 to 25, 2026
At the May 18 board meeting the township attorney, Sean Conway, raises the bidding question and trustees ask for signed documents before paying the bills. By May 25 he tells the Daily Journal the matter “has been referred to proper law enforcement for examination.” The paper asked Illinois State Police to confirm; no confirmation was reported.
Press report Daily Journal, May 24 and 25, 2026. No charge has been filed on any record we can find.
June 15, 2026
The township board adopts the road district budget for 2026 to 2027, five votes to nothing, as Ordinance 06-26-01. The Building line in that adopted budget is zero.
Document Adopted ordinance, pages 4 and 9.
July 16, 2026
The county holds the letting for the subdivision paving job.
Meeting record
August 10, 2026
At a special meeting, the board adopts Resolution 08-10-26-01 putting abolition of the road district on the November ballot. Five votes to nothing: Trustees Matt Alexander, Frank Cianci, Terry Pepin and Don Pallissard and Supervisor Jeff Umphrey. The meeting notice was posted at 3:50 p.m. on Saturday, August 8. The resolution directs Township Clerk Brian Rogers to certify the question to the County Clerk. Among its findings: the tank project “on information and belief, is under current investigation by State authorities.” The commissioner answered that the board let the prior commissioner make similar purchases and that the district underspent its budget, 38 percent one year and 58 percent another.
Document Executed resolution, numbered, with roll call and clerk’s certification, posted on the township website August 18. The unexecuted copy we first held has been superseded. The underspending figures are the commissioner’s, as reported by the Daily Journal on August 15, and unchecked.
Posted with the resolution
A page headed “Proposed Amendment to 605 ILCS 5/6-134” would extend subsection (b), today limited to 2018 referendums, to a referendum passed on November 3, 2026. See section 3 for what that would do.
Document Final page of the resolution PDF on the township website. Author not stated. It contains the placeholder “[need to fill in the PA #]”.
August 17, 2026
The commissioner reports that the paving package came back from the county: two bidders, Gallagher and KBCC, with Gallagher winning at $521,000 for full mill and overlay in three subdivisions. The board approves bills but holds back a mileage reimbursement. One trustee casts the only no vote on any recorded township meeting, against putting the audit on display.
Meeting record The dollar figure is as reported at the meeting and is not yet matched to the county award record.
August 21, 2026
The county answers our records request: it holds no records of being approached about taking over road district work, and no county engineer mileage determination exists.
Document County FOIA response.
August 24, 2026
The Village of Bourbonnais answers our records request: nobody asked the village to take on the road district’s roads.
Document Village FOIA response 26-2368.
August 27, 2026
The statutory deadline to certify a public question to the county clerk for the November ballot, being 68 days before the election.
September 1, 2026
The County Clerk’s election proof of the master specimen ballot lists “Bourbonnais Township Proposition to Abolish Road District” on page 4. The question was certified and is on the ballot.
Document Master specimen ballot, Kankakee County Clerk (proof dated September 1, file revised September 14).
September 10, 2026
The township attorney answers five of our records requests in a single letter, within the statutory time, and estimates 35 more business days for the remainder. That estimate lands on October 29, five days before the election.
Document Response letter.
September 21, 2026
The board adopts Resolution R-09-26-02, approving informational material about the referendum, five votes to nothing, immediately after a resident asks the board to explain what the resolution does and no explanation is given. In public comment, asked where the savings figure comes from, the board’s answer is that it is not written down.
Meeting record Full transcript held.
September 21, 2026, evening
The information sheet approved by R-09-26-02, marked “Exhibit A,” goes up on the township website as a Word file. It says road service would continue unchanged with the same crew, the commissioner’s job would “eventually” be eliminated, and the road levy could be cut by $500,000 to $600,000. It does not give the May 2029 date.
Document Township website. File metadata lists the township attorney as author, created September 20.
September 24, 2026
Early voting opens at the County Clerk’s office, 189 E. Court St., Kankakee.
Document County Clerk early voting schedule.
November 3, 2026
Election day. The question is binding by operation of law.
May 2029
The earliest date abolition could actually take effect, being the expiry of the sitting commissioner’s term.
Document Statute plus the 2025 election date.

3. The law, section by section

Four sections of Illinois law decide what this referendum does. Each is linked to the General Assembly’s own text so you can read it yourself.

When abolition actually takes effect

Abolition takes effect on the later of ninety days after the result is certified, or the expiration of the term of the highway commissioner in office when the proposition passed. The commissioner then ceases to hold office.

Why it matters: the commissioner was elected in April 2025 to a four year term running to May 2029. Ninety days after certification would be roughly February 2027. The statute takes the later date, so the answer is May 2029.

The provision that does not apply: subsection (b) would strip a departing commissioner of his powers during the wind down, but it is written to apply only to referendums that passed at the election held November 6, 2018. It cannot reach this one.

Also worth knowing: this section contains no requirement that the transferred money stay dedicated to roads. There is no lock box clause in it. It does let the township contract with the county, a municipality or a private contractor to administer the roads.

The township wants subsection (b) rewritten

The resolution the township posted carries a page headed “Proposed Amendment to 605 ILCS 5/6-134.” It would add a referendum passed at the November 3, 2026 election to subsection (b). If enacted, until abolition in 2029 the township board would have sole authority over the road district’s budget, its tax levy, its contracts, hiring and pay, and employee benefits, and the road district or commissioner could not “commence or maintain litigation against the township” over the powers in dispute.

Why it matters: it is the township’s own acknowledgement that under the law as written, a yes vote changes nothing about who controls the road district until 2029. The page names no author or sponsor and leaves the Public Act number blank. As of September 28, 2026 the statute posted by the General Assembly still limits (b) to 2018. Not law

Why most of the road tax survives the vote

The permanent road tax is itself created by referendum and remains in effect until repealed by the legal voters, with repeal requiring its own separate referendum initiated by petition.

Why it matters: the permanent road tax is roughly $1,294,000, about 78 percent of the entire road district levy. Abolishing the road district does not repeal it. It transfers the tax, and the authority to levy it, to the town board. A voter who expects this question to lower the road tax line on their bill is expecting something the statute does not do.

Who sets the road levy, and the correction we had to make

The township board adopts the road district budget and appropriation and levies its tax, and must consent in writing before the rate exceeds .125 percent, up to a ceiling of .165 percent.

Why it matters, and this cuts both ways. The commissioner prepares the numbers; the board adopts them. On June 15, 2026 the board adopted this road district’s budget five votes to nothing, then on August 10 described that same budgeting as a failure.

Where we were wrong

An earlier version of our own working notes said the board could simply vote the road district levy down whenever it liked, so no referendum was needed. That is not right, and the township attorney rebutted it on camera on September 21: the commissioner’s levy is his to set, the board cannot unilaterally lower it, and the board’s remedy is to refuse an unlawful one. We do not make that argument any more, and it should not be repeated.

The section both sides quote, accurately

The township supervisor, as road district treasurer, receives and has charge of all road district money, holds it subject to the order of the highway commissioner, and in township organisation counties the money is not paid out until the board has examined and audited the claims.

Why it matters: the commissioner quotes the middle of this section to say the money moves on his order. The board quotes the end of it to say nothing is paid until the board audits the claim. Both quotations are accurate and they are consecutive sentences of the same section. That is the honest shape of this dispute, and anyone telling you the statute plainly settles it has only read half of it.

The certification deadline

A public question must be certified to the election authority not less than 68 days before the election at which it is to be submitted.

Why it matters: 68 days before November 3, 2026 is August 27, 2026. Confirmed The question was certified: it appears on page 4 of the County Clerk’s master specimen ballot (proof dated September 1, 2026) under the heading “Bourbonnais Township Proposition to Abolish Road District,” reading: “Shall the Road District of the Township of Bourbonnais be abolished, with all rights, powers, duties, assets, property, liabilities, obligations, and responsibilities being assumed by the Township of Bourbonnais?”

4. The money, with sources

Two different instruments get quoted in this fight and they are not the same thing. Fund balances at April 1, 2026 come from the adopted budget. Invested cash at June 30, 2026 comes from the township’s own investment report. Both are correct. Do not swap them.

Invested funds at June 30, 2026
FundAmountBelongs to
Permanent Road$2,950,376.19Road District
General Road$167,983.36Road District
Road Insurance$167,736.01Road District
IMRF Road$291,354.61Road District
Building and Equipment$119,706.73Road District
Road District total$3,697,156.90
Town$1,583,639.18Township
General Assistance$437,012.08Township
IMRF Town$792,535.71Township
All investments$6,510,343.87

Document June 2026 Township Investment Report, distributed at a public meeting. All 27 rows were checked and both subtotals tie exactly.

The sharpest number in the file

The board’s own resolution says the disputed building project, which it puts at over $100,000, must be paid out of the Building and Equipment fund, which holds $119,706.73. The fund it says cannot be touched, Permanent Road, holds $2,950,376.19. Meanwhile the adopted budget for that same year appropriates zero to the Building line.

Those three facts come from the board’s own documents and they are in tension with one another. We are not saying that proves anyone acted unlawfully. We are saying the paperwork does not hang together.

What the referendum moves and what it stops
ItemAmountWhat happens on a yes vote
Permanent Road Tax~$1,294,000 Not repealed. The power to levy it moves to the town board in 2029, which then sets the amount. Repeal needs a separate referendum.
Commissioner pay and benefits$126,950.96 Eliminated. About 5.4 percent of the two levies combined.
Road district invested funds$3,697,156.90 Transfers to the town board. No statutory restriction on later use.
2025 road district levy$1,660,300 Levying authority passes to the town board.
2025 township levy$700,980Unchanged.

The standard, applied in both directions

In the last audited year the township overspent its own capital outlay line by 948 percent, spending $42,656 against a $4,500 appropriation.

The fair counterweight, which belongs right next to it: Illinois appropriation law is tested at the fund level, not line by line. Total general fund spending came in under the fund appropriation, so the auditor recorded no overspend and no violation occurred. We are not alleging one.

The point is about the standard, not the dollars. If the board applies a line item test to the commissioner, it is applying a stricter test to him than its own auditor applies to the township.

5. The meeting record

The road district records its own meetings and posts them publicly. We transcribed the relevant ones in full. Timestamps below refer to the posted video.

September 21, 2026, public comment, 50:02 to 53:37 · watch the recording
Resident
“There is a quote $500,000 to $600,000. This has got to be factual. Will you guys speak to where this comes from? And will you guys give us the math?”
Resident
“You’re saying as a fact you’ve already got the numbers and they’re on paper somewhere to back up what you’re putting on paper.”
A member of the township board, answering for the board
“They’re not on paper somewhere. No.”
The same board member, moments later
“I have confided in Mr. Conway to tell him I know how we can save $500,000.”
The same board member
“If we can’t lower the levy by that amount of money by $500,000, I won’t run next time.”

What we are and are not saying about this

An undocumented estimate is not a wrong one. The figure may prove close, and we have no basis for calling it false. What the record establishes is narrower and still significant: material published under the township board’s name carries an estimate attributed to the board, and when a resident asked to see the arithmetic, the answer was that it does not exist on paper and was shared privately with the board’s attorney.

September 21, 2026, 52:05, the township attorney responding to a resident
“There’s still just a legal point, when the road district is creating its levy, the highway commissioner’s prerogative to come to the numbers. This board cannot unilaterally lower his levy. Now, if his levy was unlawful, they can refuse to pass it.”

This is the passage that corrected our own earlier error, and it sits in tension with the savings claim above. If the board cannot lower the levy on its own, the mechanism by which abolition produces half a million dollars of savings is a fair thing to ask about. Update, September 28: the information sheet now answers the mechanism: once the board holds the levying power, it would set a lower road levy. Under 6-134 as written, that power does not pass until the commissioner’s term ends in 2029.

August 17, 2026, commissioner’s report, 2:00 · watch the recording
“We got our big package back for doing the subdivision, overlaying the subdivisions. It was Gallagher and KBCC were the only bids. Gallagher ended up [winning] the bid and it was $521,000 … there’s going to be all new pavement, new overlay in River Haven, Wood Haven, Riverside Country Estates.”

Meeting record This matters because the abolition resolution alleges no road improvement project subject to competitive bidding was ever let. A competitively bid project, through the county, was reported in open session before that allegation reached voters. The dollar figure has not yet been matched to the county’s own award record.

The resolution vote, September 21

R-09-26-02 was adopted five votes to nothing. Immediately before the roll call a member of the public asked the board to explain what the resolution did. No explanation was given and no trustee asked a question. That sequence is on the recording at 1:12:54.

Note also the wording. The resolution is titled around consolidating road district duties, a phrase spoken twice at the meeting including by the chair moving it, while the ballot text carried in the August resolution asks whether the district shall be abolished. Settled: the certified ballot says “abolish.” The information sheet voters are pointed to says “consolidation.”

6. What we asked for, and what came back

We publish our own records requests so you can see the scope of each one. A negative answer is only as strong as the question that produced it, so the scope matters.

Records requests bearing on the referendum
Asked ofWhat we askedResult
Kankakee County Any record of being approached about taking over road district work, and any county engineer mileage determination Answered No responsive records. No mileage determination exists.
Village of Bourbonnais Any record of being approached about taking over the road district’s roads Answered Nobody asked the village.
Bourbonnais Township Five requests covering the abolition resolution and related records Answered Answered in one letter on September 10, within the statutory time. A further tranche is estimated for October 29.
Bourbonnais Township The adopted R-09-26-02, the information sheet in full, any record showing how the savings figure was calculated, and whether anything is being mailed and at what cost Partly overtaken The information sheet is now posted on the township website. The savings worksheet, the executed R-09-26-02 and the mailing question remain outstanding.
Kankakee County Clerk The certification of the public question and the ballot text as certified Resolved Answered by the County Clerk’s own published master specimen ballot, which carries the question and its text.

Why the savings request is worded the way it is

It asks for the arithmetic, not for who said what. If the township answers that it holds no such record, that answer is not a failure of the request. It is a written confirmation from the public body itself that the figure it published to voters has no documentary basis, which is a stronger and fairer thing to report than a quotation from a heated meeting.

7. What we still cannot confirm

These are open, and we will update this page as they close.

  • Whether the question was certified and its exact ballot wording. Closed: it is on the County Clerk’s specimen ballot. See section 3.
  • Who drafted the proposed amendment to 6-134, and whether any lawmaker will carry it.
  • Where the state investigation stands. The township attorney says he referred the tank project to law enforcement in May; no agency has publicly confirmed an investigation, and no charge has been filed on any record we can find.
  • The commissioner’s underspending claim (38 and 58 percent of budget), which we have not yet checked against the audits.
  • Whether the savings estimate is accurate. We say it is undocumented. That is a different claim from saying it is wrong.
  • Whether the information sheet is being mailed, and at what cost. It is posted on the township website as a Word file. A mailing has not been documented, and we do not describe one.
  • What the September 2025 minutes record about the fuel tank discussion.
  • Whether the $521,000 figure matches the county award record.
  • How the bidding dispute is ultimately resolved. The question of intent, which the bid-splitting offence requires, is not something we can answer.
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