Earlier this month, the Daily Chronicle gave us an update:

An audit of the university in March, completed by Illinois Auditor General William G. Holland, found that NIU had improperly reimbursed [Ron] Walters and also didn’t comply with a variety of guidelines for internal control and processes related to procurement and contracts.

Walters had received $31,945 of travel compensation. which shouldn’t have been provided because the cost was from traveling between the university and his home in Washington.[sic]

“Travel expenses between an employee’s official headquarters and home are not reimbursable,” the audit reads.

What the Chronicle did not explain was why Walters is refusing to reimburse the university. Luckily for us, a citizen requested records under the Freedom of Information Act pertaining to Walters’ work for NIU and has shared them.

I’ve placed key documents that tell the story here.

Still on the subject of DeKalb’s service agreement with website designer CivicPlus.

There are two versions available: the agreement included in the February 9 agenda packet, and the version that Mayor John Rey signed on February 11.

No, they are not the same.

Yes, it is disturbing to think that we would be reading one version of a contract while city council votes on another.

They apparently continued to work on it after posting the agenda, and didn’t bother to update so the public could look at the same contract that council was voting on.

Another possibility would be that contract provisions were amended during the meeting, except there is nothing in the meeting minutes to indicate anything of the sort happened.

I’ll pull out an example of one of these differences between the two documents that I’ve found so far. Read the rest of this entry

After having pointed out that DeKalb’s new website doesn’t pass accessibility tests and going back and forth with city staff over the issue, I’ve finally remembered something else. I have some related documents on hand that were released by the city in response to a request for information on communications between City of DeKalb and CivicPlus, the website design firm that was ultimately hired February 9.

The following is the accessibility provision from the service agreement signed by Mayor Rey on February 11, 2015 (my emphases):

37. CivicPlus will create the website to comply with all WCAG 2.0 guidelines the Client requires. Upon completion of the site, the Client will be responsible for page content and compliance. Our designers and programmers automatically implement all the accessibility features necessary to ensure your site is compliant with accessibility standards outlined within Section 508. We will make recommendations on best practices for keeping your content accessible for all users by ensuring that, among other things:

  • All menu items are clickable
  • Submenus display throughout the site
  • Alt tags are used for images
  • Site maps are dynamically generated
  • Documents and links can be set to open in the same window
  • CivicPlus recognizes accessibility standards recommendations made by a variety of groups, including the World Wide Web Consortium (W3C) and the Web Accessibility Initiative (WAI) as written in the Web Content Accessibility Guidelines (WCAG). Through adherence to Section 508, CivicPlus is able to meet almost all Priority One, Two and Three guidelines set forth in the WCAG. Those left unmet do not need to be addressed in order to allow basic access to content; some of the more stringent requirements of the WCAG may limit design and content development options.

    City of DeKalb signed a settlement agreement with the U.S. Department of Justice to follow WCAG 2.0 standards, but then signed a contract with a website designer that does not require the designer to follow WCAG 2.0 standards — in part because accessibility might mess up their pretty design.

    Brilliant.

    Related posts:

    A City Narrative and the Aardvark that Ate it

    Five Reasons to Believe DeKalb Tried to Hide DOJ Communications about Website Compliance Issues

    While there are several things wrong with the city’s new Freedom of Information Act policy when it comes to direct violations of FOIA as a law, there is also something larger and more insidious at work here.

    What I’m talking about is that the FOIA policy item was placed as a resolution on the consent agenda of the meeting. The move side-stepped the obligation to hold first and second readings and have a final roll call vote.

    An even more basic error is that the city is now writing resolutions where they should be crafting ordinances. The consequence is that there are now a bunch of rules that now ostensibly apply to us, that we can’t look up in the Municipal Code. If we don’t stop this trend, we’ll end up with a bunch of “handbooks” with rules that the public is expected to follow, but which much of the public can’t access, or perhaps won’t even know exist.

    What’s the difference between a resolution and an ordinance? An ordinance is a permanent, enforceable local law. A resolution is a written statement of a municipality’s opinion, will or intent.

    Here’s an example of a resolution. It has a lot of “whereas-es” explaining the intent to authorize an intergovernmental agreement, and more importantly it’s not trying to regulate Jen Q. Public.

    I believe the city passed this measure as a resolution in order to avoid public discussion and to keep the provisions off the books and therefore out of the hands of people who would embarrass them about their missteps.

    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

    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

    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

    The latest in the College Town Partners saga is that NIU has apparently changed its Freedom of Information Act (FOIA) policy. It now favors heavy redaction.

    The following is NIU’s response this week to a FOIA request made by Misty Haji-Sheikh of the north Fifth Ward group called Preserve Our Neighborhoods.

    Click on the Twitter image for the full-sized view.

    Only two bits of meaningful information are left: the subject matter and the recipient of the email. The city would have us believe that its newbie city manager wasn’t really involved in College Town Partners, but now one could reasonably assume Gaura has swum in the thick of things since early in her tenure — or perhaps even before that.

    Let’s look at some more. Read the rest of this entry

    For all of NIU’s having publicly “backed away” from a partnership for redevelopment with City of DeKalb et al last spring, it seems the institution had already secretly created a “charity” with a local developer and a banker in December 2013 for similar purposes.

    The documents were Tweeted to me.

    Read the rest of this entry