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Seminar with Attorney General's Office on FOIA and Open Meetings Act

(15 posts)
  • Started 5 years ago by Catherine
  • Latest reply from Catherine

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  1. Catherine
    Member

    Friday, Apr. 27th, 12 noon - "Freedom of Information and Open Meetings
    Act Training Seminar with Illinois Attorney General's Public Access
    Counselor" - Training is free and open to the general public, public
    officials, municipal clerks and journalists. Reservations are required
    for this program and can be made by calling 630-833-4080.

    At Citizen Advocacy Center
    238 N. York Rd.
    Elmhurst

    www.citizenadvocacycenter.org

    Posted Saturday Mar 31, 2007 13:00 #
  2. Catherine
    Member

    Here is another interesting post from that vigorous organization, an Open Meetings Act lawsuit :

    IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT DUPAGE COUNTY, ILLINOIS

    CHANCERY DIVISION

    EDWINA FERET

    Plaintiff

    vs.

    ROBERT J. SCHILLERSTROM

    Chairman, DuPage County Board

    In his official capacity,

    and

    DUPAGE COUNTY BOARD of

    DUPAGE COUNTY, ILLINOIS, a public body

    and

    DUPAGE COUNTY, ILLINOIS, a body politic,

    Defendants

    COMPLAINT FOR DECLARITORY AND INJUNCTIVE RELIEF

    NOW COMES Plaintiff EDWINA FERET, by and through her attorneys TERRY PASTIKA and SARAH KLAPER of the CITIZEN ADVOCACY CENTER, who complaining of Defendants pursuant to 5 ILCS 120/1 et seq. states as follows:

    1. That Plaintiff EDWINA FERET is a resident of DuPage County, Illinois.

    2. That ROBERT J. SCHILLERSTROM ("SCHILLERSTROM") is the Chairman of the DUPAGE COUNTY BOARD, DUPAGE COUNTY, ILLINOIS.

    3. That the COUNTY BOARD OF DUPAGE COUNTY, ILLINOIS is a public body as defined in 5 ILCS 120/1.02, and is composed of eighteen members elected from six districts, as well as a chairperson elected at large.

    4. That DUPAGE COUNTY is one of 102 counties into which the State of Illinois is divided.

    5. That on or about January 14, 2003, at least a majority of a quorum of the members of the DUPAGE COUNTY BOARD met for a regularly scheduled meeting.

    6. That the agenda for the January 14, 2003 meeting of the DUPAGE COUNTY BOARD was posted at the COUNTY administration building, as well as on the COUNTY's website. Attached hereto as Exhibit "A" is a true and correct copy of the Agenda that was posted.

    7. That the January 14, 2003 meeting agenda ("Agenda") lists the order of events in the following headings: CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL CHAIRMAN'S REPORT PUBLIC COMMENT CONSENT CALENDAR. . . ISSUE COMMITTEE UPDATES UNFINISHED BUSINESS NEW BUSINESS MEETING ADJOURNED TO: January 28, 2003 at 10:30 a.m.

    8. That ROBERT J. SCHILLERSTROM attended and chaired the January 14, 2003 meeting of the DUPAGE COUNTY BOARD.

    9. That the January 14, 2003 BOARD meeting proceeded according to the Agenda until the "Chairman's Report."

    10. That under the "Chairman's Report," CHAIRMAN SCHILLERSTROM introduced Resolution CB-0012-03 entitled "Official Endorsement by the DuPage County Board of the O'Hare Modernization Program" ("Resolution"). A true and correct copy of said Resolution as presented by Chairman Schillerstrom to the members of the DUPAGE COUNTY BOARD is attached and made a part hereof as Exhibit "B."

    11. That Resolution CB-0012-03 was not listed anywhere on the Agenda.

    12. That upon information and belief, CHAIRMAN SCHILLERSTROM gave neither the members of the DUPAGE COUNTY BOARD nor the public copies of Resolution CB-0012-03 until the Resolution was called for a vote.

    13. That upon information and belief, CHAIRMAN SCHILLERSTROM specifically invited members of the press to the January 14, 2003 meeting of the DUPAGE COUNTY BOARD for the purpose of unveiling Resolution CB-0012-03.

    14. That after Member Robert Heap read Resolution CB-0012-03 through aloud once, the members of the DUPAGE COUNTY BOARD then in attendance considered and voted on the Resolution.

    15. That despite the lack of notice to the members of the DUPAGE COUNTY BOARD and to the citizens of DuPage County that the Resolution CB-0012-03 would be acted upon at the January 14, 2003 meeting, the members of the DUPAGE COUNTY BOARD proceeded to vote on and adopt the aforementioned Resolution.

    16. That at all times relevant hereto, there existed in Illinois the Open Meetings Act, 5 ILCS 120/1 et seq.

    17. That the members of the DUPAGE COUNTY BOARD of DUPAGE COUNTY, ILLINOIS who were present at the regular meeting held on January 14, 2003, violated said Act in voting on and adopting the aforementioned Resolution.

    18. That the public and citizens of DuPage County were not given proper notice that the DUPAGE COUNTY BOARD planned to consider and act on Resolution CB-0012-03 at the January 14, 2003 meeting.

    19. That due to the lack of proper notice, the introduction of Resolution CB-0012-03 through the "Chairman's Report" on the Agenda, the placement of the "Public Comment" section after the "Chairman's Report" on the Agenda, and the BOARD policy of requiring public registration prior to BOARD meetings for "Public Comment," the BOARD harmed the Plaintiff and the citizens of DuPage County because the Plaintiff and citizens of DuPage County were not given any opportunity to provide input to the BOARD prior to the BOARD's consideration, vote, and passage of Resolution CB-0012-03. County Public Comment Registration Form, Attached as Exhibit "C."

    20. That no bona fide emergency existed requiring the BOARD's immediate vote on Resolution CB-0012-03 without proper notice to the public.

    21. That on January 14, 2003, Plaintiff EDWINA FERET first discovered that she had a cause of action, and the Plaintiff commenced the above-entitled action on March 17, 2003, within sixty (60) days after that discovery.

    WHEREFORE, Plaintiff EDWINA FERET respectfully requests that the Court enter an Order as follows:

    A. Declaring that the DUPAGE COUNTY BOARD adoption of the January 14, 2003 Resolution CB-0012-03 violated the Illinois Open Meetings Act;

    B. Declaring the BOARD's adoption of Resolution CB-0012-03 void;

    C. Preliminarily and permanently enjoining the BOARD, the COUNTY, and any of its officeholders or employees from taking any action, including applying for funds or expending any COUNTY funds to further the policies set forth in Resolution CB-0012-03;

    D. Enjoining the BOARD from taking action in any regularly scheduled meeting on any issue has not been placed on the meeting agenda;

    E. Awarding Plaintiff reasonable attorney fees and costs;

    F. Granting any such further relief as the Court deems appropriate and just.

    Respectfully submitted, Sarah Klaper Attorney for Plaintiff

    Posted Saturday Mar 31, 2007 13:17 #
  3. spatny
    Member

    So at the last Board meeting the issue of paying Kane McKenna was handled and settled with the Resolution being made for $11.5K and change. The consensus was to pay what was "owed" and no more because the TIF was undergoing "a pause." There has been no public meeting since. Now there is a new Resolution on the Agenda for the next "Regular" meeting - Tuesday following the COW (or before - they are both listed for the same time" to pay an additional $3,000. to Kane McKenna. What is the process that puts that again on the agenda, when the last (public) word of the Board was that we would "pause" until after the election? Sounds to me like the above might be applicable to us.

    I shall sign up for this Training Seminar posthaste.

    Posted Saturday Mar 31, 2007 15:25 #
  4. MikeT
    Member

    Am I reading this correctly, that there is a motion now to request another $3,000 despite the pause til after the election?

    I blink twice and re-read spatny's post. Can you post a link to support this statement, spatny?

    In the COW there is no public comment allowed?

    In the COW there is no public comment allowed?

    So this is how things get done in Riverside? What about honoring what was said about honoring the pause?

    Everyone, please be there on Tuesday to witness this deceptive maneuveur (if it is true what spatny said).

    Posted Sunday Apr 1, 2007 02:19 #
  5. spatny
    Member

    You have to do the Riverside scroll, brother. The Village website just sez COW, but if you click the agenda and scroll you get, as if by magic, VOILA! - another "Regular Meting". See Agenda below. The devil is in the details, my friend. See item VII. Also note, both meetings are for the same time, so if you are late you may miss this as these are sometimes taken in reverse order.

    H:\Barb\Barb\Agendas 2007\COW Agendas\COWreg 4-3-07.doc
    Last printed 03/30/2007 9:22:00 AM
    1

    WELCOME: Visitors are most welcome to all meetings of the Village Board. The Committee of
    the Whole meetings are held so that the Village Board can thoroughly discuss items that they
    will be acting on in the future. Public Comment is limited to those invited to speak and
    presentations on the topics for the meeting. You are invited to comment on topics at the
    regular Village Board meetings held on the third Monday of each month.

    COMMITTEE OF THE WHOLE
    April 3, 2007, 7:30 p.m.
    Village Board of Trustees
    Village of Riverside
    27 Riverside Road
    Riverside, IL 60516

    I. Call to Order

    II. Approval of Minutes

    A. Committee of the Whole for March 5, 2007
    B. Committee of the Whole for February 12, 2007
    C. Committee of the Whole January 8, 2007

    III. Key Topics (see attachments)

    A. Discussion of TIF Process —“ Setting Schedule for Workshop(s) and
    Review of Information From workshops

    IV. Village Presidents Report

    A. Discussion —“ 39th Street Improvement Effort

    V. Village Manager's Report (these items will be reviewed by the
    Manager; if action is required, these will be placed on the next regular
    meeting agenda under the appropriate Trustee's area).

    VI. Adjourn

    H:\Barb\Barb\Agendas 2007\COW Agendas\COWreg 4-3-07.doc
    Last printed 03/30/2007 9:22:00 AM
    2

    REGULAR MEETING
    Village Board of Trustees
    Village of Riverside
    April 3, 2007, 7:30 p.m.
    27 Riverside Road
    Riverside, IL 60516

    I. Roll Call
    II. Approval of Bills
    III. Approval of Regular Board Meeting Minutes January 8, 2007
    IV. Approval of Regular Board Meeting Minutes February 12, 2007
    V. Approval of Regular Board Meeting Minutes March 5, 2007
    VI. Approval of Special Board Meeting Minutes March 5, 2007
    VII. Resolution Authorizing And Ratifying An Additional $3000 For
    Contract With Kane McKenna And Associates For Out Of Scope Work
    Performed For TIF Study
    VIII. Ordinance Amending Section 1-6-6 Of The Village Code Regarding
    Order Of Business At Village Board Meetings And Guidelines For
    Public Comment
    IX. Resolution Adopting Guidelines for Village Board Meeting
    Participation
    X. Open Letter to The Riverside Trustees —“ Donald Spatny
    XI. Adjourn

    Executive Session

    Posted Sunday Apr 1, 2007 09:06 #
  6. MikeT
    Member

    The 4-3 meeting agenda says--
    VII. Resolution Authorizing And Ratifying An Additional $3000 For
    Contract With Kane McKenna And Associates For Out Of Scope Work
    Performed For TIF Study

    Can everyone please contact the Board and ask WHY they are deliberating on this TIF stuff after it was said in the last meeting that they were going to defer further tif talk until after the referendum.

    phone: 708 447 2700

    I cannot seem to find the email / contact the trustees page on the village site. If anyone can provide a link to that in this thread, it would be beneficial to further the community feedback process.

    also, pls come to the board meeting on tues to witness and-or speak out against this.

    It is a another degree towards boiling. boiling is the losing of the essential (charming) Riverside...

    http://www.riversideinfo.org/forum/topic.php?id=58&page&replies=4#post-593

    .
    .

    thanks

    Posted Sunday Apr 1, 2007 14:20 #
  7. spatny
    Member

    To repeat: At the last Regular Board meeting the issue of paying Kane McKenna was handled and settled with the Resolution being made for $11.5K and change. The consensus was to pay what was "owed" and no more because the TIF was undergoing "a pause." Then there was discussion about whether the TIF was "paused" or not. They decided that it would be paused until after the election, and Trustee Gustafson was relieved because she would not have to be involved, since she is retiring from the Board. There has been no public meeting since. But now there is this new Resolution on the Agenda for the next "Regular" meeting following the COW (or before - they are both listed for the same time) to pay an additional $3,000. to Kane McKenna. This must have been unilaterally put on the agends by the Village Manager, because there was no consensus to do this - in fact the opposite. Now since the last bill from Kane McKenna was over $10,000. and exceeded her authority to spend with out a resolution, we need to discover by who and how these bills are incurred. If this is for Out of Scope work since the last meeting it was not authorized. We really need to look into th way this whole thing has been and continues to be steered. Something is not kosher here.

    Posted Sunday Apr 1, 2007 14:41 #
  8. MikeT
    Member

    Mike and Sharon Tomecek <idicnews@yahoo.com> wrote:

    Date: Sun, 1 Apr 2007 15:13:34 -0700 (PDT)
    From: Mike and Sharon Tomecek <idicnews@yahoo.com>
    Subject: 4/03 TIF on the agenda?
    To: [Village Trustees]

    [edited by admin]

    Can you please tell me why there is an agenda item to ratify more money to the Kane McKenna when it was resolved in the last Board meeting that the Board would be honoring the pause to the TIF deliberations? Where did this come from?

    Agenda Item
    VII. Resolution Authorizing And Ratifying An Additional $3000 For
    Contract With Kane McKenna And Associates For Out Of Scope Work
    Performed For TIF Study

    thanks

    Mike Tomecek

    Posted Sunday Apr 1, 2007 17:17 #
  9. Catherine
    Member

    What is this all about:

    "VIII. Ordinance Amending Section 1-6-6 Of The Village Code Regarding
    Order Of Business At Village Board Meetings And Guidelines For
    Public Comment"

    Where are you folks getting this information. I cannot find any agendas on the village website. Please instruct!

    Posted Monday Apr 2, 2007 15:48 #
  10. spatny
    Member

    Catherine - on the Village web site clcik Board and comm. calendar, then click any one you want in the matrix, then it will offer the list of agendas. new one is on top, clcick to see it. Remember to scroll down because, like tonight, the matrix only lists the COW, but there is a "Regular" meeting after (one where they vote and enact things) and it is scheduled (tonight anyway) at the same time as the COW - presumeably it will follow the COW but in the past that has not always been the case. If you want to read the text of what the lawyer has proposed and what they will vote on, which is considrably watered down from what Trustee Grace originally proposed, you have to go to the library and read the Trustee's packet. It is on the lower shelf of the case near the check out desk, where the RBHS yearbooks are kept.

    On the subject above, I don't know why we can/t. within reason, speak on any item when it is relevant. The idea of having to pre-register to speak "by 10 AM of the day of the meeting" or some such is rediculous.

    Posted Tuesday Apr 3, 2007 09:45 #

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