Under yesterday’s article putting up part of the transcript of the August 23rd Special Meetings called by eight McHenry County Board members to consider
- the future for Valley Hi and
- eliminating the positions from which Jack Franks’ patronage employees have been paid
there are some comments worth putting in wider circulation.
First, one from attorney David Stieper, who was one of the people recommended to replace Andrew Gasser when he resigned to take office as Algonquin Township Road Commissioner:
David Stieper and Andrew Gasser during the 2014 GOP Primary Election Campaign. Gasser and Bob Nowak won. Nowak did not attend the Special Meetings. Gasser’s replacement, Christopher Spoerl, also skipped the meetings.
Expounding on my prior comment on the first part of this blog series regarding the August 23, 2017 special meeting of MCBOT, once a meeting is opened by the Chairman only a majority of those present can close it.
The Chairman does not have unilateral authority to close a meeting which was done here without a single BOT member objection.
By keeping the meeting open:
(1) the BOT could have rescheduled the special meeting on a future date certain;
(2) listened to public comment and
(3) have general discussion without taking any action or vote.
This rudimentary knowledge of parliamentary procedure would have allowed the very informed individual from “Edgar County Watch” to speak on the record before the Board, prevented that awkward and for the most part meaningless ex-parte post meeting lecture by the two unidentified BOT members and via motion and majority vote of board then present forced the Chairman to reschedule the meeting on a future date certain.
The MCB Chairman is emboldened to act like a generalissimo wielding power he does not have due to the passivity of the board who are either afraid or are not armed with sufficient knowledge to properly challenge him.
It is time BOT get some game or retire from the sport!
Second Mark’s examination of Jack Franks comments about supposed violations of the Open Meetings Act:
At the 12:20 point in the video, County Board Chair Jack Franks speaks to the County Board Members:
“Although you don’t have a quorum, your attendance here tonight does constitute the majority of a quorum, which means any discussions regarding public business would violate the Open Meetings Act.
Please govern yourself accordingly.
We don’t need to be sued again like what happened last year.
Thank you, ladies and gentlemen, good evening.”
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At the 12:38 point in the video, Kirk Allen of Edgar County Watchdogs speaks –
“Mr. Chairman, a point of order.
For those board members that are here, there’s a lot of members of the public that would love to share some information with you.
If you would be willing to stay, I’d be happy to share some stuff.”
—————
12:48 Jack Franks – “We are adjourned.”
12:50 Kirk Allen –
“Would you stay Chairman?”
There’s some good information for county business that you might want to be aware of.”
——
12:54 Jack Franks –
“I think you are violating the Open Meetings Act.
They can stay and break the law if they like.
I like to follow the law.”
——
12:59 John Kraft, Edgar County Watchdogs (ECWD), speaking to Jack Franks –
“There’s no violation to listen to people.
Did you call every body and tell them not to show up?
Were you calling people and telling them not to show up?
Were you calling people and asking them not to show up?”
————
13:15 Jack Franks speaks to the audience –
“I think we are in violation of the Open Meetings Act.”
————
13:17 John Kraft ECWD speaking to Jack Franks –
“No they’re not.
You’re thinking wrong.”
————-
Jack Franks leaving the room while ignoring questions.
13:22 Jack Franks walks to the back row of the audience and speaks to someone [Assistant State’s Attorney Norm Vinton] –
“I’d like to have them charged.”
Jack Franks then walks past the audience and John Kraft.
————-
13:31 John Kraft ECWD speaking to Jack Franks –
Did you call the other board members and tell them not to show up?
No answer?
= = = = =
Those who did not attend the meeting follow:
County Board members who did not make the roll call for the two special meetings.
It is worthwhile to listen to the video from 12:20 – 13:40 which covers this article.
That’s only 1:20 (one minute, twenty seconds).
++++++++++++++
There is a valuable lesson to be learned from the video and Mr. Stieper’s comments.
The way Board Chair Jack Franks closed the meeting is atypical (unusual).
Coupled with the fact Mr. Franks made a fast exit from the meeting, one wonders, did he intentionally not follow the rules to ensure the meeting was not extended.
Next add the fact Mr. Franks did not answer the repeated question from John Kraft of Edgar County Watchdogs (Did you call the other board members and tell them not to show up).
Next add the fact that an unusually large number of board members did not show up for the meeting, even though there was only 48 hours notice or so.
++++++++++++
Mr. Stieper knows the exact vocabulary (no synonyms) and procedures and pays close attention to parliamentary procedures, so he was able to immediately recognize what seemingly everyone else missed.
According to Mr. Stieper, Jack Franks did not follow the rules for closing the meeting.
Jack Franks has closed many board meetings during his tenure.
It’s been recorded on audio that is archived on the county website.
Don’t make a point of listening to adjournments of meetings Jack Franks chairs, but the ones I have come across, he’s flippant and sloppy about the process and rushes through it.
Have never heard or seen anyone do such a shabby job at closing a board meeting (although not an expert in the subject).
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One note, presumably the same parliamentary procedures apply for “special” board meetings and “regular” board meetings.
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NOT SURE OF THE CORRECT VOCABULARY AND PROCEDURE, but the process to adjourn a board meeting goes something like this: there is a motion to adjourn, then that motion is seconded by someone else, all those in favor say aye, motion carried unanimously, then the meeting is adjourned (THAT IS NOT THE EXACT WORDING OR STEPS).
If someone wants to put the exact vocabulary and in comments that would be great.
Could probably find it by google search.
Anyways, have never seen adjournments of board meetings done any other way, and it has always been routine.
Until Jack Franks closed the Wednesday August 23, 2017 7PM special county board meeting in the McHenry County Board Room in Woodstock, Illinois.
Credit where credit is due; in his never ending quest to somehow remain relevant in McHenry county politics, our sunshine blogger brings to light “Meeting adjourned-gate,” probably the most colossal and horrifying political scandal which promises to be the beginning of the end of Jack Franks’ political career. It is worthwhile to watch and listen to the video from 4:25 – 4:37 (that is only 12 seconds or 0.2 minutes) when Jack Franks takes a drink from his water bottle. Mr. Franks violated the most elemental rules of courtesy by not politely offering a drink to the lady next to him or to others surrounding him in the room, including our sunshine blogger, who was heroically entrenched on the back ready to fight for us. This is what Mchenry county compassionate conservative politics looks like…tic, tock, tic, tock…
It is worthwhile to watch and listen to the video from 8:24 – 9:00 (that is only 36 seconds or 0.6 minutes) when Jack Franks walks out of the video camera range presumably to finalize details of another backroom deal (according to reliable sources and friends of this sunshine blog). It is also worthwhile of your precious time to watch from 13:36 – 13:39 (that is only 3 seconds or .05 minutes) when our heroic freeloader sunshine blogger decided to risk his life taking 2 pictures of Jack Franks; another display of courage and brave journalism. We salute our sunshine blogger for showing the entire cyber-world how compassionate conservative, libertarian, McHenry county, sunshine politics looks like. Tic, tock, tic, tock…
https://www.yahoo.com/news/twitter-burns-joe-walsh-claiming-170231438.html
What the Hell does that have to do with the price of egggs in China, nob? You really are a moron!
Nob,
Don’t mind Cindy. She’s still grappling with the fact that God sent Hurricane Harvey to punish conservatives.
Sure is interesting that Jack Franks improperly adjourns the meeting as follows, starting at 12:20 in the video:
“Although you don’t have a quorum, your attendance here tonight does constitute the majority of a quorum, which means any discussions regarding public business would violate the Open Meetings Act.
Please govern yourself accordingly.
We don’t need to be sued again like what happened last year.
Thank you, ladies and gentlemen, good evening.”
++++++++
At that point, 12:38, Jack Franks gathers his papers on the podium, and Kirk Allen of Edgar County Watchdogs speaks.
“Mr. Chairman, a point of order.
For those board members that are here, there’s a lot of members of the public that would love to share some information with you.
If you would be willing to stay, I’d be happy to share some stuff.”
++++
During Mr. Allen’s comment, Jack Franks is gathering papers and walking to exit the raised platform which contains the podium.
++++
12:48 Jack Franks – “We are adjourned.”
++++++++++++++++++++++++
That is clearly not the proper procedure to adjourn a county board meeting.
Mark good point. I have been watching Jack for some time now. Is it possible, he sits on the fence, trying to figure out what is best for the Taxpayer’s, on one side, or Personal Gain on the other side?
Where are the rules that govern how the McHenry County Board can adjourn a meeting?
The McHenry County Board Rules (December 20, 2016) have no rules about adjournment.
So then one turns to this sentence found on page 1, Section 2 (Rules):
“In the absence of a specific rule herein, Roberts Rules of Order Newly Revised (latest issue) shall govern.”
http://www.co.mchenry.il.us/home/showdocument?id=71382
Full version:
$32 hardcover edition on Amazon.com
Roberts Rules of Order Newly Revised, 11th edition
by Henry M Robert III, Daniel H Honemann, and Thomas J Balch, with the assistance of Daniel E. Seabold, and Shmuel Gerber.
The hardcover edition is 716 pages.
Publisher: Da Capo Press; 11th edition (September 27, 2011)
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Brief version:
$8 soft cover on Amazon.com
Robert’s Rules of Order Newly Revised in Brief, 2nd edition (Roberts Rules of Order in Brief).
The paperback version is 197 pages.
Publisher: Da Capo Press; 2nd edition (September 27, 2011)
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So apparently one has to look at a book to see the rules about adjournment for a McHenry County board meeting.
Maybe the board can get something in writing from their parliamentarian, the County State’s Attorney, and post it on the county website so everyone knows the rules without having to read a book.
If you do not know basic parliamentary rules, like how a meeting is convened or adjourned or how to make a motion etc. you probably do not belong on a board which is responsible for managing 76 Million Dollars of taxpayer funds.
Fair Play? You are an idiot. God DIDN’T Send Harvey. Your deep state did that all on their own. Get a clue that we are at war.
right, David Stieper and that’s why he didn’t want you on the board to keep him in check.
Mark, you’re a wealth of info.
Thank you.
Nob, WTH?
I’ll ignore you along with Angel Larva
Wonder if the County States Attorney training to the board members included basic parliamentary rules like how a meeting is convened or adjourned or how to make a motion.
Or if just focused on the Open Meetings Act.
Regardless it seems as if the board needs more training ASAP.
And the public needs access to that same training.
How about a PowerPoint Presentation posted on YouTube.
If there is no quorum the meeting never convenes so there is nothing to adjourn.
A Dave Stieper comment yesterday:
“Not having a quorum only prohibits the board from ‘taking action’ under Illinois municipal law meaning barred from voting on any matter whatsoever.
This does not prevent the board from discussion, rescheduling the meeting and taking public comment.”
Add that topic to the training that is needed ASAP.
You put the truth out there. Then it’s like pulling hens teeth to get everyone on board with the truth.
Trying to find different meanings for rules is not in anyone’s interest here.
Let the “experts” on the rules show us what is what.
Like Mark says, go ahead and educate the public on the rules, too. Now the rest of us need to shut up about our opinions on quorums and adjournings.
Until you know the real ropes entailed here, just but out.
Isn’t this what we wanted in the first place?
Watch and learn.
Then you can have an opinion.
We all know it’s wrong, we just have to let those that understand this lead us out of swamp.
Comment well taken Swampbuggy, but if the meeting never convened then why did Chairman after roll call was taken state the meeting was adjourned without request for a motion, second or a vote?
Doesn’t the Chairman’s own characterization of the events undermine your contention that the meeting never convened?
Because if it never convened then logically, there was nothing to adjourn.
But Chairman used the word adjourn, not me.
Chairman never said he was legally barred from opening up the meeting for want of a quorum and thus the meeting was “cancelled”.
He said meeting adjourned, which presupposes the existence of a meeting.
Oak Harp has summed it up nicely.
David Stieper would have sniffed out the intentions of the Chairman in many different scenarios, and could have averted the legislative disasters before us.
But then, it would also take a majority of thoughtful, well informed board members to join the effort to move in the right direction.
The words the Chairman used have nothing to do with the reality of the situation.
He makes a lot of mistakes as has been pointed out.
The municipal code does not govern county government. although it may provide some guidance.
Also Roberts Rules.
I would be interested in the citations to authority in support of the position that the Board can stay and hear public comment, as well as reschedule the meeting without having to circulate another Call.
Thanks.
A meeting can be called to order without a quorum.
That meeting could allow general comments from the board members, and input from the public, but could not consider any motion other than; adjourn, recess, fix the time to which to adjourn, point of order or several of the allowed requests and inquiries.
Adjourn is a motion that requires somebody other than the chair to make the motion and somebody to second the motion, and then the motion requires a majority of those present to vote aye or it fails, and the meeting continues.
It would not require a motion and a second if there was no more business before the board.
The potential OMA violation is that the board didn’t allow public comment.
All of the theatrics at the August 23rd meeting could have been avoided had the Chairman directed the Clerk to poll the MCB before hand to ascertain if there would be sufficient members attending to meet a quorum.
This is a standard practice which I am surprised is not done in McHenry County given certain members drive almost an hour to attend.
The Edgar County Watch group and public could have avoided the inconvenience as well had the Charman taken this courteous action.
Had the Clerk informed the Chairman that a quorum would not be appearing the meeting could have been rescheduled and cancellation posted on line.
The Chairman brought this upon himself by his obvious lack of experience and grasp of basic parlementiary procedure.
While the public witnesses this charade, the MCB members sit idly by.
Eric makes a very valuable point.
Now that public comment is a requirement under recently revised OMA, Chairman likely violated OMA by not allowing public an opportunity to speak at August 23rd meeting, including Edgar County Watchdog.
Some interested party, including MCB member may want to consider filing a complaint with the AG’s office to test this recent amendment.
No one has provided citations to support their opinions on the OMA.
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=84&ChapterID=2
It is actually a pretty simple law, you shouldn’t need any more citations than that.
Erik for County Board!