July 7th - from the Sub Life:
La Grange, IL -
The Illinois attorney general's office has determined the La Grange Village Board may have violated the Open Meeting Act when it called for a closed session April 21 to discuss the purchase of the La Grange Theatre.
In a letter dated July 2 to village attorney Mark Burkland, assistant public access counselor Amanda Lundeen said discussions may have exceeded the scope of the exception cited by Burkland. Lundeen wrote the letter to request more information from the village on the meeting.
According to the letter, “while the financial and commercial status of the theater in the closed meeting may ultimately factor into the Board's decision-making process, it does not appear the presentation of such information to the Board constitutes part of the Board's process of deciding whether and on what terms to acquire a particular parcel of real property.—
As a result, Lundeen has asked Burkland to provide the minutes and any recordings taken from the April 21 meeting.
Under the Open Meetings Act, a public body may call for a closed session specifically to discuss the purchase of property. At question is whether the La Grange Village Board was at a point to actually begin discussions on purchasing the property.
Burkland said June 30 he was “completely comfortable— and confident that discussions at the meeting were within the legal parameters for holding a closed session.
Village Trustee James Palermo cast the only vote against going into the closed session based on his assertion that the real topic of discussion was the financial situation of theater owners John Rott and David Rizner and not the purchase of the theater.
Palermo said Monday he had anticipated the board would be discussing issues other than the purchase of the theater.
“I'm not a lawyer, but it sure seemed we were doing more than what we were requesting under the Open Meetings Act,— Palermo said.
Palermo said he did not know if it would be necessary to call for a closed session for discussions regarding the theater in the future.
Brookfield resident Tom Rae, who filed the original complaint with the attorney general's office based on Palermo's assertion the closed meeting was not legal, said he was pleased with the office's response and the outcome.
“For whatever reason, some elected officials find it attractive to conduct public business out of the public view,— said Rae, publisher of a news Web site. “Sometimes you have to wonder: Are they just sometimes being stupid, or are they arrogant?—
Posted Monday Jul 7, 2008 18:31
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