Tim Tuttle, in orange, before announcing his resignation on the evening of May 12; beside him is his attorney, Sam Beggs of Harrisburg, who spoke to the crowd gathered at the chosen location of the embattled stretch of road between new Illinois Route 13 and Old 13 on the eastern side of Saline County. Peabody wanted Tuttle to vacate that stretch of road, presumably for easier access to the mining in the area, but Tuttle resigned before vacating the road.
SALINE CO.—A lawsuit threat from Peabody Coal is an integral part of the resignation of a township road commissioner; but the resignation of said commissioner, and the failure of the township board to reappoint a successor, has things in limbo for everyone involved.
Peabody, who in mid-April won the battle for taking over road access to the Rocky Branch area where mining is proceeding, isn’t making headway with Cottage Grove Road, a vital artery to the mining location south of Illinois 13 northwest of Equality across the Gallatin County line into Saline.
A letter was submitted on April 16 to Township Road Commissioner Tim Tuttle by Peabody, making a demand of him that he hold a hearing with them to vacate a portion of Cottage Grove Road (between new 13 and Old 13, the latter of which Peabody received from the county the day before) and noticing him that if Peabody didn’t receive “notice of said hearing prior to the close of business April 23, they would file a writ of mandamus on April 24,” thus forcing Tuttle’s hand to hold a hearing with them on the matter of signing over the road to them.
Instead of holding such a hearing, Tuttle opted to hold a hearing to resign, thus throwing a monkey wrench into Peabody’s machinations.
The first attempt to resign came May 12; with Tuttle holding the resignation hearing ON that portion of Cottage Grove Road. The event was attended by both protestors of Peabody, as well as miners in reflective, bright green clothing so that they stood out in the burgeoning crowd.
However, the township did not accept Tuttle’s resignation on that night, so it wasn’t effective. A second attempt made to hold such a public hearing, this on May 22, ended in minutes, after an announcement was made that no new road commissioner had yet been chosen.
Then on Monday, June 2, Tuttle again held a hearing on Cottage Grove Road, and again, the meeting was closed within minutes.
Now, upon this third hearing, the status of the search for a new road commissioner is still unclear.
Many people don’t realize that per Illinois law, the Township Road Commissioner is a very powerful position: Literally speaking, nothing can be done with a road unless the road commissioner says it can be done. That includes closures, openings, and everything in between. Without Tuttle’s say-so, and without a duly-appointed replacement upon his resignation, literally nothing can allow Peabody to take possession of that road…not the county, not the courts (without extensive and expensive litigation), and no leveling of threats by Peabody in the form of a letter or other communication.
Township Trustee Judy Kellen, who was the only trustee present at the hearing continuation June 2 and who has been a vocal opponent of Peabody (and one of the few Rocky Branch residents who has not given up their property to the coal mine), said that she isn’t sure what will happen. Kellen told Disclosure that until a new road commissioner is chosen, Tuttle will continue acting in the post. She said that there is a current search for a new road commissioner, but she wasn’t sure what would be done, or who would be chosen.
The township has 45 days from Tuttle’s resignation to choose the next commissioner. The resignation was accepted on May 13, so the township has until June 27 to seat a successor.
Locals have attended all the continued hearings, but perhaps the majority of those in attendance have been what locals have come to know as the “grey-green fluorescent army” of Peabody miners. Peabody representative John Keller always attends meetings and hearings with a Peabody entourage, and Kellen told Disclosure, “John Keller seems like he’s gotta have his army there to back him up.”
Now, with the uncertainty surrounding the road commissioner post, and the pending hearing on the closure of Cottage Grove Road, only time will tell what the outcomes will be. Whether it be locals of Cottage Township or Peabody employed miners, many people’s livelihoods have become wrapped in the uncertain state of the future of Cottage Township.
Part of the large crowd, which included protestors (in foreground) and Peabody employees (in grey and reflective stripes) gathered at the location on that same night. The matter continues unresolved as of press time.