State: Board violated Open Meetings Act

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ROCK FALLS – The Rock Falls High School Board violated the Illinois Open Meetings Act in February and March, according to the state attorney general’s office.

At their meetings during those months, board members approved “action items resulting from closed session” without providing further detail, explanation or documentation during the meeting, in the minutes or on the agenda.

Click to read the full letter from the Attorney General's office.

“It is the view of this office that the votes ... were not preceded by a meaningful public recital as contemplated by the statute’s drafters,” said Heather V. Kimmons, an assistant public access counselor for the attorney general’s office.

“A vote to ‘approve what was discussed in closed session’ does not provide the public adequate, or any, meaningful information as to the nature of the matter being considered or the business being conducted,” she said.

The Open Meetings Act requires “a public recital of the nature of the matter being considered and other information that will inform the public of the business being conducted,” Kimmons said.

Boards and city councils are allowed to go into closed executive sessions for certain reasons, such as to discuss personnel issues or legal negotiations. Boards can form a consensus on an issue during a closed session, but final action must take place before the public, in open session.

At both meetings, the board went into executive session for personnel matters.

Board President Harold Wagner would not disclose the name of the employees involved in the action items. He did say it concerned a secretary who retired to move out of state.

As a courtesy to the employees, the board wanted to keep their names private, Wagner said. “We thought we were doing something nice and found out we couldn’t do that.”

The attorney general’s office recommended the school board specify the items and “ratify the previous votes” at its next meeting, July 15.

“Everything will be out in the open,” Wagner said.

As a result, the board now lists items resulting from closed sessions on its agendas.

The Open Meetings Act

The intent of the Illinois Open Meetings Act is to ensure that public business is conducted in public view by prohibiting secret deliberations and actions on matters that should be discussed in a public forum.

The act reflects the balance between the rights of the public against the needs of government officials to be able to discuss sensitive matters candidly by excepting particular narrowly construed circumstances under which a meeting may be held in closed session.

The Office of the Attorney General understands that access to meetings helps to ensure the accountability of government to its citizens.

Matters that can be discussed in closed session include those relating to specific employees, student discipline, legal matters such as litigation, security/criminal matters and the purchase or lease of property.

Final action, however, must be taken in public.

Source: Illinoisattorneygeneral.gov