Attorney General Disagrees with Algonquin Township Attorney’s Refusal to Provide Secret Meeting Minutes, Finds Board Violated Open Meetings Act

From Illinois Leaks, reprinted with permission:

Attorney General PAC: Algonquin Township Attorney & Board refuse to comply with the Law


McHenry Co. (ECWd) –

Once again the Algonquin Township finds itself in violation of the Open Meetings Act. 

Jim Kelly

This time with the clear assistance of their legal counsel, James Kelly.

Let’s begin by once again calling for the immediate termination of James Kelly as the Township Attorney. 

It appears his business model is one based on billing for advice that ensures more litigation, thus more billing.

The Attorney General PAC office made it clear in their determination letter that they do not agree with James Kelly, and that the Board did, in fact, violate the OMA. 

Considering the reasons for not complying were at the hands of James Kelly, he should be held responsible and return all funds related to his game of questionable legal advice that continues to generate income.

In this case, his advice appears to be in direct conflict with the mandate in the OMA law to turn over requested records to the AG PAC office for their review.

The mandate as pointed out by the AG PAC office:

“Under OMA, when forwarding to the public body a copy of a Request for Review, the Public Access Bureau ” shall specify the records or other documents that the public body shall furnish to facilitate the review.” (Emphasis added by the PAC) 

“the public body shall provide copies of the records requested and shall otherwise fully cooperate with the Public Access Counselor.”  (Emphasis added by the PAC! )


“Despite this office’ s express request to review the closed session materials from the Board’ s January 19, 2018, special meeting, the Board did not provide this office with those materials: 

“This office does not agree with Mr. Kelly’ s unsupported assertion that disclosure of the requested closed session materials to this office would waive the attorney-client privilege, any more than would an in camera review by a court.

“The Board’ s refusal precluded this office from fully reviewing this matter and violated section 3. 5( b) of OMA.”

As everyone can see by reading the determination letter from the PAC, James Kelly once again placed himself in the center of yet another violation of the law by the Algonquin Township Board. 

If the Board fails to act we are left to assume they condone this type of action from their legal counsel.

You can download the determination letter at this link or view below.

PAC Opinion – Algonquin June 6-2019

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Attorney General Disagrees with Algonquin Township Attorney’s Refusal to Provide Secret Meeting Minutes, Finds Board Violated Open Meetings Act — 4 Comments

  1. Post time – it’s Donut Dave, Sippy Cup, Senseless Shea, and Hide it all Kelly in today’s quarter mile Algonquin Township stupidity race. Early scouting favors Hide it all Kelly.

    Rumor has it Donut Dave will scratch for excess sugar, but no sign of vodka in sippy cup,

    Donut Dave scratched, Sippy cup drank, and senseless was clueless.

    The track is dry.

    Long-shot “Watchdog truth” is disqualified for interfering with “Business As Usual”

    And there off.

    Hide it all Kelly takes an early lead!

    Senseless is right behind Hide IT All Kelly.

    Senseless has his nose under Kelly’s tail,

    Sippy cup struggles on the outside.

    She changes direction, jockey Lukasik suffering from Discovery abandons the race.

    Hide it all Kelly expands his lead by three lengths,

    Hide it All Kelly is blowing away the field,

    Here they come, spinning out of the turn, Hide It All Kelly has attorney general nipping at his hoofs

    Senseless is confused and Attorney General stops to eat carrots.

    They’re in the stretch, and it’s Hide it All Kelly and Business as Usual for a photo finish

    It’s a tie!

    Hide it All Kelly and Business as Usual tie for the win!

    The payout to Kelly is 80-1 for the Favorite and 100-1 for Business as usual.

  2. How is James Kelly still the township attorney.

    He was not elected. He can be fired.

    The board must be to embarrassed to fire him, that would be admitting they made a mistake in retaining him.

    Do the honorable thing a fire Kelly now.

    Quit compounding this fiasco.

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