Archive for the ‘ City Watch ’ Category

DeKalb’s city council both introduced and passed a Freedom of Information Act policy last night.

Yes, there was a rush to put into place a FOIA policy written by city attorney Dean Frieders, who is proven to have trod upon the Open Meetings Act previously. As you might well guess, there are also problems with the new policy, and by this I mean the city has placed a seal of approval on illegal acts. Read the rest of this entry

***Update*** 6/25/2015: I finally got a response to my letter telling council and top management staff about accessibility issues with the newly-launched city website. Someone had handed off the letter to DeKalb’s management analyst, Lauren Stott (one of the staff members who withheld estimates for a simple accessibility fix vs. a complete redesign, despite direct requests for this information from council members). Here’s what she said:

Thanks for your email. The City has worked with CivicPlus to ensure website accessibility is provided for all users. Web-based accessibility checkers such as wave.webaim.org and Powermapper.com access a website’s html code, but aren’t as effective in assessing content customized with CSS (Cascading Style Sheets). The City of DeKalb’s website, in its state of being fully customized, heavily utilizes the CSS design language along with html. Therefore, the Web-based accessibility checkers register items on the site as errors, when in fact they just represent a departure from the typical html language the accessibility tools are designed and equipped to assess. In its contract with the City of DeKalb, the website developer has agreed to follow not only Section 508 of the Rehabilitation Act but also Web Content Accessibility Guidelines 2.0. The portion of the agreement that outlines those specific requirements is included below.

1. While the contract might call for complying with WCAG, that is certainly not what happened. The “Accessibility” page on the website says the site conforms to Section 508 of the Rehabilitation Act, period. Another “tell” is the color contrast problem. Section 508 only mentions contrast in that it requires that applications not interfere with user settings. WCAG 2.0 requires a contrast ratio between text and foreground be set within a certain range. Many pages do not meet this requirement, such as the “Job Opportunities” page that, according to the WAVE checker, contains 27 contrast errors between background and link text.

2. Since Mac McIntyre introduced us to the WAVE accessibility tool, Mac sent Stott’s explanation to WAVE. Here’s what their representative had to say:

WAVE evaluates page accessibility after CSS has been applied and account for CSS in identifying potential accessibility issues. The developer’s explanation is not accurate. Each of the errors identified by WAVE indicate an actual end user accessibility issue.

I told Lauren Stott I didn’t wish to discuss this anymore with a person whose word I can’t take at face value. Then I invited city council members to send Stott’s explanation to accessibility checker websites for themselves.

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Original Post Read the rest of this entry

The determination arrived Friday. Find it here.

The Illinois Attorney General’s Public Access Counselor (PAC) has found that City of DeKalb violated the Open Meetings Act (OMA) in two ways when it approved a settlement agreement with the U.S. Department of Justice on January 12:

  • The city misused the exception to open meetings having to do with imminent/pending litigation by failing to first make a finding that there actually was imminent/pending litigation.
  • The city failed to take final action (vote) to approve the agreement in open session.

  • While both violations are important in helping council members understand the OMA better, as well as to evaluate the performance of their attorney AKA SuperLawyer, it’s the second that probably has more implications for how city business is done in DeKalb. Read the rest of this entry

    The data for the following charts come from Comprehensive Annual Financial Reports (CAFRs).

    In view of DeKalb staff’s continually stated desire to hire, I’ve begun with a look at the numbers of full-time equivalent employees. The city is using a figure of 220 city employees during its budget process instead of the most recently available CAFR number of 230. I’ve arbitrarily split the difference for the chart.*

    dyerware.com


    No matter whose number you use for the past year, DeKalb’s been hiring at a brisk pace following the Great Recession crash-and-burn. However, some council and Financial Advisory Committee members would like to start putting the brakes on hiring. Let’s look at why. Read the rest of this entry

    Council Needs New Counsel

    Sometimes we believe things that are completely false, and a lot of times belief holds strongest when it comes to having faith in professionals who, by definition, are supposed to have your back.

    That’s what I think is happening with the DeKalb city council: They are trusting that what city attorney Dean Frieders says about the law is right. Well, they shouldn’t.

    Today I’ll show you examples for why I have come to this conclusion, starting with the January settlement agreement with the Feds that was approved in secret. The city attorney says it was OK to do this because the city manager has the spending authority to sign contracts costing less than $20,000. I’m going to explain why it’s not OK.
    Read the rest of this entry

    Here’s an excerpt from a memo included with next week’s council meeting agenda:

    The City of DeKalb maintains Chapter 2 of the City Code which governs the City Council and meetings thereof. Old versions of the City Code included provisions which purported to prohibit public comment at certain meetings of the City Council or Committee of the Whole. In 2014, the City Council adopted Section 2.04(d) of the City Code, which clearly denotes that the public has the right to speak at any public meeting of the City Council or any derivative body thereof, including the Committee of the Whole.

    Nope, the Code specifically mentions the Planning & Zoning Commission but not Committee of the Whole (CoW).

    That’s important because Chapter Two of the Municipal Code still includes exceptions to allowing public comment, particularly in the case of CoWs.

    c) The intent and purpose of the Committee of the Whole meetings shall be primarily for the purpose of discussion of consideration items brought before the Council and various smatters which require a presentation and/or upon which discussion is anticipated, but not for the passage of Ordinances or Resolutions. Public comments shall generally not be permitted at such meetings, but rather shall be reserved for the City Council meeting immediately following such meetings. The Committee of the Whole meeting shall be treated as a meeting where public comment is not permitted under Section 2.12(ad) of this Code. (13-51)

    CoW meetings are where city staff make their case to council about stuff they want. What they don’t want is for you to rebut their arguments and they’ve gone to some lengths to keep your voice out of these meetings. For years they just outright prohibited your comments. Then about six months ago, they changed the rules to abide by the Open Meetings Act (OMA) but took steps that essentially kept the changes secret.

    I’ve put together a timeline for you. Read the rest of this entry

    ***DeKalb city council will consider the special use permit during its regular meeting Monday, April 27.***

    While the University Village Planned Development proposal seems to have grabbed the headlines today, last night’s Planning & Zoning Commission meeting was also notable for neighborhood pushback against approval of a special use permit for a new 140-foot cell tower on the southeast side of DeKalb.

    Since last November, P&Z has discussed a request made by Central States Tower (CST) for a permit to place a Verizon cell tower/antenna at 1300 South 7th Street even though CST did not follow procedures required by city code in the application process — and despite city staff’s recommendation to reject the application for that same reason. Read the rest of this entry

    On the February 9 DeKalb city council meeting agenda was this action item:

    2. Resolution 2015-011 Waiving Competitive Bidding and Authorizing the Execution of a Website Design Agreement with CivicPlus in an Amount not to Exceed $56,189 in Year One.

    Staff said they didn’t have time to put out Requests for Proposals (RFPs). They claimed they’d been taken totally by surprise by Department of Justice findings that the city’s website was not compliant with Americans with Disabilities Act standards and needed to act this instant to meet a tight deadline in June.*

    Did the city council pass the resolution? I honestly don’t know. The discussion took one hour, twenty-six minutes and there were several votes taken, including one that I described in my notes as “original motion, DEAD, 9:07.” I could be wrong. At any rate, council still continued to talk and vote until an expenditure up to but not exceeding something around $51,000 was passed 5-3.

    There’s another potential issue besides the possible zombie motion, too. Waiving bidding on a public improvement (as opposed to routine procurement) of $20,000 or more generally requires a 2/3 majority to pass. So do some budget amendments, and the CivicPlus deal definitely did blow the website budget of $20,000. I’m not sure what the exception was that allowed for a simple majority vote in this case.

    Lest you think I’ve totally lost it, let me tell you I’m not the only one. Staff have not been able to get the minutes right for this meeting and the culprit is the CivicPlus discussion. Right now we’re awaiting the second revision. Read the rest of this entry

    Mayor John Rey had a guest column in the Chronicle this week. As is par for the course with City of DeKalb administrations, he calls criticism of the city’s actions “misinformation” and “rumors.”

    There are two reasons people are upset. One is evidence that the city withheld information about the U.S. Department of Justice evaluation of DeKalb’s compliance with Americans with Disabilities Act. The other is the manipulation of information to create anxiety over a DOJ deadline, which enabled the proposal of a no-bid contract with an overly expensive, non-local, sole-source website designer that the city manager likes.

    We’ll discuss the first reason today. Mayor Rey, after you: Read the rest of this entry

    Early last month, DeKalb’s city council considered whether they should waive the usual bidding process and immediately sign a contract with a website designer who appears to be “besties” with the city manager. The reason for wanting to waive bidding? Staff claimed the city had a crisis foisted upon it by the U.S. Department of Justice following a recently completed review of DeKalb’s website. The DOJ had found the city non-compliant with Americans with Disabilities Act rules and had given DeKalb an ostensibly super-tight deadline for correcting the deficiencies.*

    There is a whole lot to say about the discussion and multiple votes taken on this item and we may get around to saying it here, too.

    However, today I want to concentrate on the negotiated, formal settlement agreement with DOJ that city seems reluctant to discuss explicitly in public meetings. Read the rest of this entry