Lawsuit between Gardner VFD & Gardner FPD
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July 01 11:25:08, 2025
The *Morris Daily Herald* has published a story detailing the final outcome of a long-standing legal battle between the Gardner Fire Protection District (FPD) and the former Gardner Volunteer Fire Department (VFD). The case, which has been ongoing for several years, reached its conclusion after an appellate court upheld the original ruling in favor of the fire protection district.
In a statement released on Wednesday, Richard Porter, attorney for the Gardner FPD, confirmed that the appellate court fully supported their position. “The decision affirmed our motions in full. Unless the department files a petition for review with the Supreme Court, this matter is officially closed,†Porter said. He added that he doesn’t expect the Supreme Court to take up the case, suggesting it’s unlikely to be revisited at that level.
Meanwhile, representatives from the VFD’s legal team, led by Tim Rathbun of Rathbun, Cservenyak & Kozol, have not yet responded to requests for comment. A call to former Fire Chief Randy Wilkey also went unanswered.
The dispute began several years ago when the fire protection district terminated its contract with the volunteer department. At the time, the VFD, led by Wilkey, was responsible for providing fire services to the community using tax dollars allocated by the district. According to Porter, the district accused the department of misusing funds—specifically, using money meant for firefighting operations to support legal actions related to a trustee election. Additionally, the department had a $47,000 outstanding credit card balance that it refused to account for.
In response, the VFD filed a lawsuit, claiming that the district had arbitrarily terminated the contract and that the decision was outside the district's authority. About a year ago, Judge Robert Marsaglia ruled in favor of the district, stating that it had the right to end the agreement when the department no longer met service standards. The VFD then appealed that decision.
On Tuesday, the Illinois Appellate Court’s Third District announced its ruling: the original decision by Judge Marsaglia was correct, and the district had acted within its rights. In the court’s order, it was noted that the district’s decision to terminate the contract was not arbitrary or capricious, especially given the department’s failure to comply with reporting requirements. The court also emphasized that the agreement clearly required the VFD to provide detailed financial reports, including credit card statements.
According to previous statements from both the district and Wilkey, the conflict escalated when Wilkey refused to provide original receipts for bill payments. This refusal eventually led the district to stop paying the department’s bills, which resulted in the termination of the contract and Wilkey’s removal as chief.
This case highlights the importance of transparency and accountability in public service contracts, particularly when taxpayer funds are involved. With the appellate court’s decision now final, the matter appears to be settled, bringing closure to a contentious chapter in Gardner’s local government history.