Back in February I alerted you to the resignation of the mayor of Alorton, because it seemed the investigation and scandal had something to do with Tax Increment Financing (TIF).

Turns out it had little if anything to do with TIF and a lot to do with shakedowns at traffic stops.

Now Alorton is back in the news due to the actions of its new mayor, whom the St. Clair County state’s attorney has been trying to remove from office. Read the rest of this entry

Four Winnebago Forest Preserve Board commissioners — a majority — are accusing the board president of misusing a closed session meeting in an attempt to create a new position. Chuck Sweeney examines the letter the commissioners sent to board president Randy Olson:

First, it says, “We believe the Board was placed in jeopardy by using ‘closed session’ to discuss the public safety coordinator; a matter other than that for which the meeting was closed. State law is very well defined on this; and if it were shared with staff and public it would most certainly be viewed as an abuse of closed session. It is in the best interest of the Board, as well as the public, to follow state law regarding closed sessions.”

See? Some boards do understand the Open Meetings Act and are willing to fight for it. Read the rest of this entry

[Update 1 added 2/23/2012 after the jump.]
[Update 2 added 2/24/2010]

Click on either image to access larger versions.

I’ll note additions to this post, if any, at the City Barbs Blog Facebook page as well.

Read the rest of this entry

In “Sparland Officials Resign Amid Investigations, Controversy” we learned that most of the officials of the Village of Sparland resigned in December and that it had to do with investigations into possible Open Meetings Act and Freedom of Information Act violations.

But we were missing something.

[Resident Margaret] Murry asked for records that included meeting minutes, copies of some ordinances and amendments, certain financial records and the oaths of office taken by elected officials.

State law requires a response to FOIA requests within five working days. Murry asked the AG’s Office to review the matter after two weeks had passed.

“The public body has failed to respond to my request,” she wrote.

The investigation comes at a time when the village has no one filling the legally required position of FOIA officer. [Village Clerk Susan] Persinger resigned from that appointed post the day Murry submitted her request, Mayor Linda Medearis said at a Dec. 1 Village Board meeting.

Murry, who has experience in LaSalle County government, has been appointed village clerk.

[HT Boone County Watchdog for pointing me to additional stories.]

The (Peoria) Journal-Star reports that five elected officials of the central Illinois community of Sparland have resigned this month.

The departing officials are Mayor Linda Medearis, Village Clerk Susan Persinger, Treasurer Margo Danger-Smith, and trustees Louis Lenz and Ralph McCasky. All have recently submitted notarized letters of resignation.
[...]
The resignations come in the wake of a third investigation by the Illinois Attorney General’s Office into village practices. That involves alleged failure to comply with the Illinois Freedom of Information Act, while two earlier probes focus on possible violations of the state’s Open Meetings Act.

In addition, the board had to revote on some major ordinance amendments that had been passed with illegal “proxy” voting by absent members, including a water rate increase. The village also faces enforcement action from the Illinois Environmental Protection Agency over a sewer problem. And a topless bar that opened here last spring has continued to generate controversy and divisions on the board.

The Village of Sparland is a community of 400 people that lies about 25 miles northeast of Peoria.

I kinda figured they would do this (my emphasis).

II. Background:
In May, 2010, community members, financial institutions and city officials participated in an informational meeting to discuss the progress of the 2003 North 5th Ward Neighborhood Plan. The meeting was facilitated by the Center for Governmental Studies on behalf of the City. The meeting had four main purposes:

1. Update the community on the progress of the original plan that City Council adopted in 2003.

2. Determine if uncompleted tasks were still relevant and important.

3. Identify boundaries of the 5th Ward North, the Historic District and the TIF District; and

4. Identify current issues facing the neighborhood today and actions needed to address them.

Since the first meeting in May, 2010 when original recommendations were made, the City, and most importantly the residents, have worked together for positive changes. Throughout the process the City and residents have used multiple contact methods to ensure that residents, neighbors, landlords and community members had an opportunity for input. There have been several public meetings held to discuss implementation strategies and in July, 2010 a neighborhood association/watch was formed to help address resident issues. The results of these efforts are illustrated in the attached Ellwood Historical Neighborhood Implementation Strategies document.

I’ve looked over all the documents available from the City of DeKalb having to do with the North 5th Ward Neighborhood aka Ellwood Historic District, and made a report previously.

The City of DeKalb cannot honestly claim that the EHD meetings were public meetings. Public meetings include public notices and meeting minutes that the city council receives and files. Neither of these things has happened.

It is my opinion that, as soon as city officials started spending money on EHD and attending its meetings, it should have begun following the Open Meetings Act. However, EHD is not officially a city committee. It falls into a gray area so I didn’t say anything before.

I’ve done some reading, though. In OMA case law you can find examples of such de facto government committees being made to follow OMA because the government unit dedicates resources to them and they function as committees. Clearly, this is true of EHD. The city has sent out mailings, hired NIU as a facilitator and given the group an allowance of $100,000 of TIF money. A lawsuit would probably be a winner.

Meanwhile, I’ll not allow them to lie about the meetings being public and I hope you won’t, either.

Just as I was thinking it must be time to check whether something got lost in the mail, news of the Attorney General’s Public Access Counselor’s (PAC’s) decision arrived about a possible Open Meetings Act (OMA) violation made by the City of DeKalb last April.

Back then I submitted to the PAC a Request for Review of the decision to place the question of putting out a Request for Proposal (RFP) for outsourcing all legal services on the April 25 agenda, even though the proposal had been voted down April 11 in favor of a more limited RFP. Read the rest of this entry

Here’s what the mayor is supposed to do:

Sec. 3.1-35-5. Mayor or president; general duties. The mayor or president shall perform all the duties which are prescribed by law, including ordinances, and shall take care that the laws and ordinances are faithfully executed. The mayor or president from time to time may, and annually shall, give the corporate authorities information concerning the affairs of the municipality and may recommend for their consideration measures the mayor or president believes expedient.

Here is what he did.

Eggs & Issues: State of the City
Date: 7/19/2011
Time: 7:30 AM TO 9:00 AM

Hopkins Park Community Center
1403 Sycamore Road
Terrace Room
DeKalb, IL 60115

Phone:
(815) 756-6306

Event Description: This is a great opportunity for Chamber members and the community to gather with DeKalb Mayor Kris Povlsen and DeKalb City Manager Mark Biernacki for a discussion on the State of the City. The presentation will also include information provided by T.J. Moore, Director of Public Works, an update on ReNew DeKalb, and an introduction to the economic development plan for the city by Roger Hopkins. Breakfast will be provided with registration.

Surprise! There’s nothing necessarily wrong with that. DeKalb’s Number One Super Duper role model, Naperville, allows its Chamber of Commerce to host its State of the City address in similar fashion.

However, Naperville’s is conducted as a public meeting, with easy-to-find full transcript, video and presentation materials put up at its website.

From the local newspaper coverage today, it looks to me like care was taken not to have more than one alderman attend the DeKalb meeting, in order to avoid technical violations of the Open Meetings Act. Reminders: allowing reporters does not in itself fulfill OMA; and one alderman does not “corporate authorities” make.

ReNew DeKalb’s Annual Meeting

ReNew DeKalb’s annual meeting is set for Thursday, July 28, beginning at 5 p.m.

From the info provided at DeKalb County Online, it is unclear when the actual business meeting starts (and there seems to be nothing about it on ReNew’s own website as of this morning). Perhaps it’s the “community presentation” part?

Knowing this is important because ReNew has some obligations per its contract with the City of DeKalb.

VIII. SUBMISSION OF ANNUAL BUDGET, AUDITOR’S REPORT & MEETING MINUTES: ReNew DeKalb shall annually submit a copy of their approved annual budget and Auditor’s Report and copies of any board meeting minutes of any meeting where the use of City funding is discussed or acted upon within thirty (30) days of the approval of such documents.

ReNew DeKalb hereby certifies it shall comply with the Open Meetings Act when the use of City funding is discussed or acted upon.

ReNew DeKalb should always comply with OMA because spending city funds is the reason for its existence. OMA compliance includes:

  • Holding the meeting at a venue open to the public
  • Publishing a meeting notice and agenda in advance

  • Taking minutes of the meeting to establish a public record via submission of the minutes to the city

  • The following is a summary of documents obtained from the City of DeKalb involving a group from the 5th Ward, the City of DeKalb, and the Center for Governmental Studies (CGS) at NIU.

    The 5th Ward group was first called a “task force” although it has never been an official city committee. Now, the informal association is known as the Ellwood Historic District or Ellwood Historic Neighborhood.

    Date of EventInvolvingDocumentsComments
    1/19/20105th Ward North Neighborhood Task Force; CGS; City Meeting agenda; Concept Paper for Artist Relocation/IntegrationCity prepares agenda, pays room rental $100
    3/1/20105th Ward North Neighborhood Task Force; CGS; City Meeting agendaCity prepares agenda
    4/1/2010NIU Board of Trustees; CityContract for work April-June on N. 5th PlanCity pays NIU $6000
    5/7/2010CGS; CityMeeting notes5th Ward planning meeting
    5/25/2010North 5th Ward Neighborhood; CGS; CityInformational flyer, agenda, meeting summary reportCGS prepares materials; includes timetable, action plan
    6/17, 6/30, 8/11/2010Neighborhood meetings held?
    9/28/2010Ellwood Historic District; CGS; CityInformational meeting agenda; tentative 4-year program planCity prepares draft plan
    4/19/2011Ellwood Historic District; CGS; CityAgenda of "public meeting"EHD member prepares agenda; City mails it to 180 5th Ward residents
    5/4/2011Ellwood Historic District homeowners, renters & landlordsAgenda of "public meeting"Same as above; agenda includes: "Making use of $100,000 in TIF funds"
    Read the rest of this entry