Open Meetings Act violations are on the rise in Illinois
Lee County Board to address discussions outside of meetings
BY SAM SMITH
SVS REPORTER
ssmith@svnmail.com
Today marks the beginning of Sunshine Week, a national initiative to encourage open government and broaden access to the people's business. That access is something government bodies have increasingly been cutting corners on in Illinois.
According to the Illinois attorney general, open-government and freedom of information complaints against public entities grew by more than one-third last year.
Terry Mutchler, state public access counselor, said many public bodies violate the Illinois Open Meetings Act when members allow discussion of business to rekindle after a meeting has ended.
Such was the case Thursday when the Lee County Board's Finance Committee banged the gavel at the close of its meeting, but continued discussion of county business.
"A lot of public bodies fall prey to that. ... They will all go to the bar and somebody brings up something that was talked about at the meeting, and then you've got a problem," Mutchler said.
"Any time there's a majority of a quorum of the body and discussion turns to substantive government business - anything germane to the public - boom, it's a violation."
After the Finance Committee adjourned its meeting Thursday, four of the five committee members waited around while department heads left and other County Board members wandered in and out.
The meeting was held and adjourned in the conference room of the Old Lee County Courthouse. The four committee members were waiting for budget clarification requested from the Treasurer's Office when chit-chat turned to business.
Discussion jumped from a salary shortage in the Probation Department, to building a new jail, the expenditure of the millions in revenue from the Lee County Landfill and personnel problems in the Public Defender's Office.
"That one's real black and white," said Beth Bennett, government relations director of the Illinois Press Association. "You've got a clear violation, plain and simple."
The department heads responsible for the topics discussed by the committee members - Probation Director Kim Becker, Sheriff John Varga and Public Defender Bob Thompson - answered questions and defended positions during the open meeting, then left at or before the time the meeting adjourned.
Board Chairman James Seeberg walked into the meeting, asked the four remaining Finance Committee members whether they had started another meeting, then joined talk about Becker's salary issue.
"I don't think we did anything that's that big of a deal," Seeberg said, then added, "I know that's a no-no."
In fact, when prosecuted, violations of the Open Meetings Act carry criminal and civil penalties of up to a $1,500 fine and 30 days in jail.
Prosecutions are at the discretion of the state's attorney, who can pass it to regional or state prosecutors if a conflict of interest exists. However, any member of the public can file a civil lawsuit.
Seeberg said he would remind the board about state law on open meetings at the full board meeting Tuesday.
"It's something that needs to be addressed," said Assistant State's Attorney Andrew Bollman, who serves as attorney for the county board. "My job is to counsel the board and remain in compliance with all state statues.
"I'm sure there wasn't any purposeful violation."
While that may be so, Varga said he hangs around after county meetings adjourn because, "It's one of those things that shouldn't happen but it does. ... That's why you go, to be able to answer questions."
Varga, however, was not present after Thursday's meeting to respond when committee members suggested the county won't be building a new jail any time soon.
"It would be nice to be able to answer any of the questions they have," Varga said.
Becker had approached the Finance Committee during the meeting with a request for $9,000 to "meet her obligations to the union" because of "a mistake I made during the budget process."
After the meeting adjourned and Becker returned to her office to prepare for afternoon court proceedings, Finance Committee members accused her of trying to sneak the $9,000 into her office's budget.
"She knew what she was doing," committee member Marilyn Shippert said.
Thumbing through several pages of the Probation Department's budget, committee member Kathy Hummel said, "I bet you it's in here."
When informed of the discussion in her absence, Becker called it "a sad situation."
Statewide, similar open-meetings violations have been increasing in frequency.
According to the Public Access Counselor's Annual Report, Mutchler's office logged 1,366 complaints in 2007, 566 of which were for alleged violations of the Open Meetings Act.
"We have seen an increase in complaints of Open Meetings Act violations by 38 percent in 2007," Mutchler said.
The remaining 810 complaints were related to the Freedom of Information Act, which grants access to public records. Three-quarters of those calls came from members of the public, meaning non-media and non-government requests.
Reach Sam Smith at (815) 625-3600, (815) 284-2222 or (800) 798-4085, ext. 525.
