Archive for the ‘ County Watch ’ Category

The two sides in a settlement conference on a federal lawsuit regarding public input at public meetings were deemed “too far apart” to come to terms, so it is expected a trial date will be set at a conference hearing June 21.

Two allegations from Count II of the suit, having to do with possible Freedom of Speech violations made by Winnebago County and some county officials, have survived a Motion of Summary Judgment. They are as follows (PDF):

Winnebago County’s motion for summary judgment is granted in part and denied in part. Specifically, Count II remains as to the allegations that defendants violated Castronovo’s free speech rights by refusing to permit him to speak at the public works committee meetings and to the allegations that the Board Chairman instructed Castronovo that he could not speak before the Board as a whole if he were to name names in his speech.

If the Court finds that the chair did instruct Mike “C” Castronovo not to name names, it would constitute a content restriction, which is a First Amendment no-no. As for the allegation that the county did not permit his input at all during some meetings, the judge noted that the public works committee meetings are already covered by the state’s Open Meetings Act and as such must permit public comment during their meetings except under the exemptions for closed sessions. Read the rest of this entry

*Update: Final list of candidates is here.*

In the article, “DeKalb County Certifies Preliminary Ballot,” the county clerk stated that there are about six people who have filed as write-in candidates in April’s Consolidated Election so far. As of 9:30 a.m. today there were indeed exactly six:

  • Michael Franckowiak – Genoa Park Board
  • Veronica Bruhl – Kaneland Board of Education
  • Rick Goken – Shabbona Township Trustee
  • Virginia E. Toppe – Malta Library Trustee
  • Charles G. Rose – DeKalb Regional Board of Education
  • Antonio C. Amaya – Genoa Park Board
  • We could see additional declarations of write-in campaigns this week because the deadline is Thursday, after which the final list of candidates will be posted at dekalbclerk.com.

    While I’m at it I’d like to recognize John Acardo and the Office of the DeKalb County Clerk & Recorder for their high standards of professionalism and customer service. Nobody answers requests for information faster than they do, the communication is very good and I like how I am treated.

    **Update: You may have noticed we were offline most of the day yesterday, due to the host’s making a change in server hardware. The last step, restoration of data via a backup, left a draft version of this post that I’ve tinkered with and republished.

    Winnebago County has opened up its board committee meetings to public comment, according to an RRStar.com article.

    There’s a federal lawsuit involved and the judge in the case has confirmed the requirement for public comment, though the county claims it has always planned to comply with the new provision of the Open Meetings Act anyhow. The Open Meetings Act is a state law.

    The county began to allow public comment at committee meetings after the newly elected board organized on Dec. 3. The move was needed to comply with a 2011 change to the Open Meetings Act.

    Mike “C” Castronovo filed the lawsuit Feb. 23, 2011 in part because he was denied the ability to speak at a May 2009 Public Works Committee meeting.

    Castronovo’s lawsuit stems from a time before the change to the Open Meetings Act, said Deputy State’s Attorney Dave Kurlinkus. The decision to open meetings for public comment was not a response to Castronovo’s lawsuit, “but it certainly was called to our attention through it,” Kurlinkus said.

    Maybe it wasn’t a response to the lawsuit, and maybe it was. But hearing from a federal judge on the matter must be somewhat reinforcing, yes? Read the rest of this entry

    The new state’s attorney for the county is “reviewing” the following incident:

    Election of the chairman was listed on the County Board’s public agenda.

    Members, wanting to discuss the contentious subject of who should chair the board after a prearranged agreement fell apart during public discussion at the meeting, first suggested going into recess and heading to separate meeting rooms[...]

    Schmack advised the board such a move would be in violation of the Open Meetings Act. Then, County Board members suggested standing at ease to allow an ad-hoc committee to meet, which Schmack also advised against. During the roughly 15-minute ordeal in the public portion of the meeting, board members Paul Stoddard, D-DeKalb, and Charles Foster, R-Shabbona, were in off-microphone discussions with each other.

    The board eventually voted to stand at ease and divided into two groups to talk about who they wanted to elect.

    The Illinois Senate goes “at ease” sometimes. Here’s an example (PDF p. 29).

    Ladies and Gentlemen of the Senate, the hour of 9:20 standard Senate time having arrived, the Committee on Assignments will meet immediately in the President’s Anteroom. Will all the members of the Committee on Assignments please report to the President’s Anteroom immediately? The Senate stands at ease. (at ease)

    Here’s another example (see 11:48 update). Clearly, members who are “at ease” are waiting around for the official meeting to reconvene. They are not conducting the people’s business.

    Keep in mind as well: not all provisions of the Open Meetings Act apply to the bodies of the General Assembly as they do to local units of Illinois government.

    I believe a violation of the OMA probably did occur.

    Furthermore, the thrashing about for a loophole when their partisan machinations fell apart does not speak well for either party.

    Chronicle staff should live in this county for awhile before commenting on certain issues, such as what one can find today in “Our View: Falling home values a trying trend in county“.

    When the housing market was healthy and new homes and businesses were built at a healthy clip, the opposite was true. Property values grew faster than the rate of inflation, property tax rates fell, and along with them, the tax cap led to decreases in annual tax property tax bills.

    The person who has seen her property taxes rise on a modest home since 1993, some years by HUNDREDS more, is somewhat irritated to hear the Chronicle try to tell her otherwise.

    Still, let’s stick to the facts. Here are the property tax rates and levies for the City of DeKalb* for each tax year since 2000:

    2000 – 0.50490, $1,892,659
    2001 – 0.52989, $2,121,088
    2002 – 0.60566, $2,514,566
    2003 – 0.59666, $2,600,088
    2004 – 0.60000, $2,738,052
    2005 – 0.59302, $3,022,165
    2006 – 0.59672, $3,400,147
    2007 – 0.60000, $3,742,937
    2008 – 0.60000, $3,875,130
    2009 – 0.65000, $4,185,457
    2010 – 0.68990, $4,196,889
    2011 – 0.72052, $4,197,062

    Rates never fell during this period. Why? Because tax caps don’t apply to Home Rule communities.

    Let’s do another one. Read the rest of this entry

    In “Time to Dump Landfill Protests,” the Chronicle lays out reasons for trashing the efforts of the little people.

    Reason 1:

    There’s nowhere else for the anti-landfill group to turn short of the Illinois Supreme Court, which might decline to hear the case.

    Stop the Mega Dump should quit because the Supremes might reject it? WTH?

    Reason 2:

    It’s understandable that an expansion that would allow the landfill to accept as many as 2,000 tons of trash a day would be unpopular. At some point, however, the community and the company should be allowed to move forward.

    Yeah, like maybe after an attempt at a Supreme Court appeal. What’s the rush, Chronicle?

    Reason 3:

    The impact of the expansion has not been felt. Waste Management has assured residents that a larger landfill will not endanger their health and safety.

    Wow, great show of healthy journalistic skepticism.

    More importantly, though, the newspaper is in effect trashing STMD’s contention that the process of approving the expansion was so fundamentally flawed, the threats to public health such as hydrogen sulfide emissions, groundwater contamination and vulnerabilities to seismic activity were never seriously examined and considered. Read the rest of this entry

    DeKalb County put its new website online this week.

    The county says the overhaul was not made in response to the Illinois Policy Institute’s recent grade of D-, but has been in the works for about a year.

    DeKalb County has put lots online for quite some time, but finding it or even getting a real sense of what all is there could be a problem. Read the rest of this entry

    ***Update 1:30 p.m.: Their lips say no, but the timing feels like there’s some piling on.***

    **Update 9:45 a.m.: Here’s the latest put up by RRStar. I do NOT agree that WCFPD has a credibility problem (stated at the end of the article). Instead, I’d argue that any credibility problem is Randy Olson’s alone at this point and that WCFPD made all the right moves to set right a trust-busting situation that Olson created.**

    To summarize: Former Winnebago Forest Preserve District president Randy Olson created and staffed a new public safety job even though the majority of the commission disapproved of his decisions.

    Here is what the other commissioners did about it:

    It took some time — and for Olson to actually make the hire — for the board to pick up the additional vote it needed to demote him. The fifth commissioner professed herself a good friend of his but busted him anyway. (Olson still serves, just not as president. It will be interesting to see what the voters say if he runs again.)

    Well done, #wcfpd!

    *Update 10:45 p.m.: Olson is out as district president! The story is here. But that’s not all! Find bonus Chuck Sweeney here with free shipping!*

    The Rockford Register Star used the Freedom of Information Act to obtain e-mails to and from Winnebago Forest Preserve district president Randy Olson that trace the process of creating a job for a person he evidently likes very much.

    Randy Olson plotted for months to give Roscoe cop Theresa Rawaillot a well-paid forest preserve police job, a trail of emails shows.

    And when his plans hit roadblocks along the way, he ultimately decided to change the way forest preserves are policed.

    The job creation efforts involved bulldozing the district’s executive director as well as ignoring the majority of its board of commissioners.

    It may even have violated the Open Meetings Act, and thanks to a complaint made by an concerned citizen, the Attorney General is planning to investigate the allegation.

    President Olson remains unrepentant.

    Olson has said that commissioners have focused too much on the process to bring Rawaillot on board, which distracts from the goal: to save the district money and improve police presence in the preserves.

    At least four of the commissioners do not agree that the ends justify the means, and I’ll bet they hate getting stuck with a police officer who thinks this is OK, too.

    **Updated July 31 at end of post.**

    Believe it or not, there’s at least one limit to Illinois Home Rule! Here’s a post from the blog of the Illinois Association of Realtors:

    I was discussing a transaction in the home rule community of West Frankfort. “My client was surprised to learn at closing she had to pay a fee of 1 percent of the sale price to the city—which meant $1,200 out of her pocket,” the REALTOR® said.

    Surprised by the transfer tax, I began researching the history of the real estate transfer tax. The Village of West Frankfort passed a referendum in 2006 making it a home rule community. In 2008, citing their home rule status, the council passed an ordinance creating a transfer fee on the transfer of leases surrounding the city-owned lake. Illinois Association of REALTORS® (IAR) Legal Counsel found that under state law before they implement a transfer tax, the question must be put on the ballot for referendum for voters to decide.

    The IAR reportedly wrote a letter to the City of West Frankfort explaining this and now awaits a reply.

    I’m pretty sure that if the tax were legal without a referendum, the City of DeKalb would be collecting it already. Read the rest of this entry