Algonquin Township Violated Open Meetings Act by Not Posting Agenda

From Illinois Leaks, published with permission:

Algonquin Township Board Violated Open Meetings Act

BY KIRK ALLEN ON MAY 28, 2019 • ( LEAVE A COMMENT )

McHenry Co. (ECWd) – The Attorney General Public Access Office issued their determination letter regarding our allegation that the Algonquin Township Board violated the Open Meetings Act by failing to post their annual meeting schedule at the Township Office.

While the schedule of meetings did get posted after the Attorney General PAC Office contacted them, the Township Attorney’s excuse should be of interest to everyone.

“For an unknown reason the paper copy of the annual regular meeting schedule posted on the Township bulletin board, in the Township Hall, was not posted on the date of your original request of February 21, 2019. The day after your February 21, 2019, Request for Review the annual regular board meeting schedule was re-posted. It is unknown who or why the schedule was removed.”

For starters, why on earth does the Township spend taxpayer funds on Attorney James Kelly to address a simple meeting posting issue? 

How hard is it to simply say you screwed up and fix the problem?

What we find telling is the wording of the response to the PAC. 

James Kelly informed the PAC that the meeting schedule was not posted on the date of my original request then claims the schedule had been removed but he does not know by who or why.

What evidence does Kelly have that it was ever posted, to begin with?

Considering there was no evidence or affidavit presented that it was ever posted, to begin with, we find his response disingenuous.

Based on input from others that attend the meetings, the schedule never was posted. 

While Kelly appears to try to whitewash the timeline, we know the schedule was not posted prior to our request for review which was January 28th, 2019 and Kelly’s own response confirms it did not get posted until after the PAC contacted them on February 21st, 2018.

We are appreciative that the matter has been fixed, but find it troubling such a simple issue could not be handled by the Township Supervisor instead of spending money on an attorney to write letters that contain insinuations that it was posted but just not on the day of my request for review.

The PAC also concluded that since the Township does not have any full-time staff that takes care of their website then they are not required to post this information on their website.

We agree.

This little known requirement of having full-time staff being the trigger for posting obligations to the web site is getting abused throughout the state.

“In addition, a public body that has a website that the full-time staff of the public body maintains shall post notice on its website of all meetings of the governing body of the public body.” 5 ILCS 120/2.02(b)

Public bodies are choosing to pay outside IT firms to handle their web site and doing this means they do not have to post certain items to their web pages, such as meeting notices, agendas, and minutes. 

Considering this is becoming the norm statewide, it may be time for an amendment to the Open Meetings Act to require them to ensure the posting obligations to the website are done if public funds are being spent on the website.

A copy of the determination letter can be downloaded at this link .

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Comments

Algonquin Township Violated Open Meetings Act by Not Posting Agenda — 10 Comments

  1. Not only can’t she do the money st basic of jobs now she wants the public to pay her to resign.

    For future reference here is the job
    1) type up the agenda (it’s a page max)
    2) get the keys
    3) open case
    4) post agenda
    5) close door
    6) lock case

  2. Not only can’t she do the most basic of jobs now she wants the public to pay her to resign.

    For future reference here is the job
    1) type up the agenda (it’s a page max)
    2) get the keys
    3) open case
    4) post agenda
    5) close door
    6) lock case

  3. Cal, You have to have a meeting first!

    Well, let’s lay out the full job!
    1) type agenda (10-15 min)
    2) look at key chain (5 min)
    3) open case (5 min)
    4) put thumbtack in paper with prep time (4 min)
    5) close and lock case (1min)
    6) actually show up at meeting (1hr)
    7) take notes in meeting
    8) type minutes (1/2hr)

    Two hrs per month unless someone asks for a document. Pay $18,000 plus

    FOIA response is too difficult so she needs a lawyer to answer

    Let’s add 8 hrs for FOIA.
    10 hrs mo and she can’t do it.

  4. The clerk is a complete disaster given to us by Robert and Anna May.

    Township code is specific in that the clerk is responsible for posting notices.

    She is NEVER there.

    Everyone but the Northwest Herald knows she is a complete disaster.

    The township code is pretty specific with who is supposed to provide the notice… its the clerk.

  5. I’m sorry; I made a mistake.

    Lukasik resigned as FOIA Officer.

    Then she hired a part time employee to do her highly complicated and difficult 1/2 job.

    I may be going out on a limb here, but, maybe, even the Nob could do that job better.

  6. Township code is flawed, the SA has pointed that out in a very public way.

    The Supervisor runs the place/meetings and has full time staff that posted agendas and filled FOIA in the past.

    The Supervisor and Clerk position should be combined with no increase in the present pay for a combined position.

    Township code needs to be changed, as should many other government regulations, the world isn’t stagnant.

  7. The Assessor and Road District duties have to be dealt with with some serious numbers crunching, but most of the Supervisors functions like assistance should be modified for sure.

    Maybe it would be cheaper to have the township handle all welfare and eliminate 90% of the state’s staff instead?

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