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* From the June 2nd edition of the Piatt County Journal-Republican…
The Piatt County State’s Attorney’s office has filed misdemeanor charges against five of six county board members, alleging they violated the Illinois Open Meetings Act during an online meeting held May 13.
During the meeting, the Zoom conference was apparently disconnected when the board went into a closed session to discuss the salary of the Circuit Clerk position. Some members of the public said they were not reconnected when the board came back into open session to vote on the salary.
“There were several members of the public who contacted the state’s attorney’s office and reported that they had been either cut off from the conference call after waiting for the board to return from executive session, or been unable re-enter the meeting after the executive session,” said Piatt County Assistant State’s Attorney Elizabeth Dobson.
* But the state’s attorney overstepped her bounds, according to a local judge…
Judge Karle Koritz last week found that State’s Attorney Dana Rhoades had a conflict of interest when her office filed misdemeanor criminal charges against five county board members alleging that they violated the Open Meetings Act on May 13 when a county board meeting held via Zoom conference was apparently disconnected for a closed session. Some members of the public were not able to reconnect after the board returned to open session. […]
“The authority to appoint a special prosecutor lies solely with the court,” said Kortiz, who chastised Rhoades for not going through that procedure.
“The court is bewildered as to why a state’s attorney’s office that recognizes its own conflict would choose to file charges before seeking the appointment of a special prosecutor,” he wrote in his July 1 ruling.
In response to Carroll’s request for an independent prosecutor, the state’s attorney’s office conceded that they are witnesses and “would not and could not, serve as prosecutors.”
With that admission, Koritz wrote “then it would follow that it should not make a charging decision. The decision whether to charge an individual and what charge to file are the two most fundamental and powerful exercises of prosecutorial discretion. Having recognized that ‘it would not and could not serve as prosecutors,’ the state’s attorney’s office has nevertheless filed no petition to recuse itself.”
Judge Koritz appointed the Illinois State’s Attorney’s Appellate Prosecutor to handle the case.
* I’m not saying, I’m just saying that what the Piatt County board did pales in comparison to what happened in the city…
The Better Government Association filed a lawsuit on Friday [June 12th] against the Chicago City Council over a recent series of conference calls that violate the Open Meetings Act.
The calls were arranged by Mayor Lori Lightfoot’s staff and have been described as informational briefings between the administration and aldermen.
The meetings “violated nearly every meaningful OMA requirement, including the statutory obligation to provide notice of meetings, to allow public comment at meetings, and to make meetings ‘convenient’ and ‘open’ to the public,” according to the lawsuit.
“The Open Meetings Act ensures that the actions of our government are not conducted in improper secrecy,” said Josh Burday, an attorney with Loevy and Loevy, which represents the BGA. “Transparency in government is critical, and the right of the public to attend and speak at meetings ensures that transparency.”
Recordings of some of the meetings have been shared with reporters and circulated on social media. According to news accounts, the discussions focused on the city’s response to the COVID-19 pandemic and its handling of protests in Chicago following the death of George Floyd during an encounter with Minneapolis police.
* A refresher on the OMA…
The Open Meetings Act says citizens have a right to attend “all meetings at which any business of a public body is discussed or acted upon in any way,” except under limited and specific circumstances. Even if those circumstances exist, a meeting can’t be closed to the public without a majority vote, taken in an open meeting.
Lightfoot has said she won’t do it again.
posted by Rich Miller
Wednesday, Jul 8, 20 @ 12:30 pm
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I always like the “I didn’t do anything wrong and I will not do it again” defense. Too bad she doesn’t know anyone with legal background that could help her with this stuff. /s
Comment by DuPage Saint Wednesday, Jul 8, 20 @ 1:01 pm
I’m alternating between pointing two thumbs up on the Piatt County SA’s taking OMA violations seriously, and wincing a little at the procedural errors.
Most SAs wouldn’t bother. Generally you either have to go to the Public Access Counselor and wait forever on a decision, or file suit personally.
But I am happy to share that recently, when City of DeKalb decided to offer remote participation to members of one of its advisory boards but bar the public from the same option, the DeKalb County SA stepped in to persuade the city to offer the same access to all.
And remote public participation = greater public participation. It should always be available.
Comment by yinn Wednesday, Jul 8, 20 @ 1:06 pm
I don’t know how closely folks on this blog are following Piatt County, but there’s a long list of issues that lead to this.
If I remember correctly, the board chairman is under investigation for financial improprieties using public dollars, plus lots of illegal process and procedures stuff.
Might be a nice long post for a slow news day.
Comment by Lynn S. Wednesday, Jul 8, 20 @ 1:21 pm
Good for Piatt because McDonough did nothing about flagrant abuses by the previous WIU board.
Comment by Not a Billionaire Wednesday, Jul 8, 20 @ 1:37 pm
I find it strange that a county board would find itself “needing” to go into executive session to discuss the salary of an elected office. They are setting the salary for a position, not an individual.
Comment by Just Observing Wednesday, Jul 8, 20 @ 1:42 pm
Kudos to State’s Attorney Dana Rhoades for at least making an effort. People in Chicago and Cook County cannot conceive how backward county government is in these rural areas.
Attend a Whiteside County board meeting and watch chairman Jim Duffy cut off speakers with his gym coach giant stopwatch, then clerk Dana Nelson censors the minutes to omit the names of Sheriff’s deputies, and of course there is no video recording, because the state doesn’t make them do it. State’s Attorney Terry Costello sits there and watches, because Duffy appointed him. Combine an episode of Dukes of Hazzard with Mississippi Burning into your worst nightmares, and you would barely have an idea how ignorant these people are. The legislature should mandate that all these public meetings be recorded.
Comment by Buford Wednesday, Jul 8, 20 @ 2:01 pm
Just Observing, you are right. That’s the bigger question to me, than what sounds like a case of being not technologically inclined.
Comment by hold on Wednesday, Jul 8, 20 @ 2:17 pm
Piatt County grand jury indicted the County Board Chairman on 4 Class 3 felony counts in January.
Comment by OurMagician Wednesday, Jul 8, 20 @ 4:37 pm