November 12, 2009, Grafton Township Meeting that the four trustes did not attend.
As reported by McHenry County Blog November 12th, the four Grafton Township Trustees who wanted to build a new township hall, but didn’t want to ask the public for permission in a referendum, boycotted a township meeting.
Township Supervisor Linda Moore, Township Clerk Dina Frigo, Road Commissioner Jack Freund and Assessor Bill Ottley attended the meeting.
Township Trustees Barbara Murphy, Robert LaPorta, Betty Zirk and Gerry McMahon weren’t there.
Here’s what the Assistant State’s Attorney Cynthia A. Schaupp said in a January 7th letter to Moore:
This investigation revealed the following:
Mr. LaPorta did contact the Grafton Township attorney to inquire whether he could boycott the November 12, 2009, meeting since the agenda did not contain items he requested to have placed on the agenda.The attorney informed him he can choose to not attend the meeting.
Mr. LaPorta then contacted by telephone Trustee Zire and Trustee Murphy, individually, to inform them that he would not be attending the meeting.
Mr. LaPorta, never told the Trustees that they should also miss the meeting.
Trustee Murphy was not able to go to the meeting due to a work conflict and did not miss the meeting due to the any other reason.
Trustee McMahon did not recall if Trustee LaPorta even contacted him prior to the November 12, 2009 meeting.
The facts presented do not indicate any designed plan or “chain” to violate the Open Meetings Act.
Based on the above facts available to me at this time, this office does not believe there was any violation of the Open Meetings Act and thus will take no further action. However, should any additional information become available, this office may review this decision.
After receiving the above letter Supervisor Moore, who filed an Open Meetings Act violation complaint, sent the following letter to the State’s Attorney’s Office:
Cythia Schaupp
Assistant State’s Attorney
January 8. 2010
Dear Attorney Schaupp,
I have received your letter regarding the boycotting of meetings by the Grafton Township Trustees. Thank you for contacting the trustees, however, I am concerned that you have overlooked some evidence from reporter Pete Gonigam and new evidence has occurred.
Please review the quote by Trustee LaPorta made at the time that the boycotting occurred to reporter Pete Gonigam who wrote a story the next day on the subject,
“We as a group of trustees decided to do that.”
LaPorta said. You do not refer to this evidence in your letter even though on November 18th I wrote a letter to you asking you to consider this evidence and contact Mr. Gonigam.
The word boycott defined means
“to join together in refusing to deal with, so as to punish or coerce.”
Source is Webster’s Dictionary and online Your Dictionary.
In your letter, dated January 7th you state that Mr. LaPorta asked the attorney to inquire whether he could boycott a meeting. Your letter states, “The attorney informed him that he can choose not to attend the meeting.”
Ancel Glick partner Keri-Lyn Krafterfer advising Grafton Township Board.
On November 6, Krafthefer advises the trustees in a letter,
“Further, there is nothing to prevent the Township Trustees from boycotting the regular meeting with your proposed agenda,“
Attorney Krafthefer’s response is also documented in a letter to the trustees dated November 17th,
“There is nothing that prevents one trustee from calling another trustee, then hanging up and calling another trustee. Such would not constitute a meeting under the Open Meetings Act.”
In other words, she has said there is no such thing as a “chain” call that would violate the Open Meetings Act.
In my opinion, Ms. Krafthefer has given the trustees inappropriate legal counsel in these statements.
Per the Open Meetings Act, “Meeting” means any gathering, whether in person, or by video or audio conference, telephone call, electronic means, or other means of contemporaneous interactive communication of a majority of a quorum of the members of a public body.
November 12, 2009, Grafton Township Meeting that the four trustes did not attend.
In other words, the definition of a meeting can be calls made one after another between more than two board members. Mr. LaPorta may have told you that he did not tell the trustees to boycott the meeting, however he admits to doing just that when he is quoted by Pete Gonigam,
“We as a group of trustees decided to do that (boycott the meeting.)”
Since my previous contact with you, the trustees have chosen not to attend four meetings in the month of November and as a result many items of township business are not addressed at this time. In fact, the trustees did not attend meetings dated November 12, 16, 18 and 24th.
Clearly this was not a one time unplanned coincidental event. It is reoccurring and intentional.
On January 4th Trustee McMahon was quoted by the Daily Herald reporter Jameel Naqvi as follows,
“I don’t want to go to a meeting called by Linda Moore…don’t care about anything she has on the agenda.”
McMahon said.
Is not this further evidence that the trustees plan to continue to violate the Open Meetings Act by joining together to refuse to deal with, so as to punish or coerce with the township attorney’s apparent permission as documented in your letter of January 7th?
In light of this additional information, you have offered to review this decision.
I am asking that you do reconsider the Open Meetings Violation Compliant that was made by myself and an unnamed McHenry County resident.
After receiving your letter I tried to contact you by telephone, but you were unavailable at that time. For clarification purposes, I have sent you various documents at various times, but I was under the impression that the investigation was started at the request of another McHenry County resident.
I look forward to hearing from you.
Very Truly Yours,
Grafton Township Supervisor
Linda Moore
Attachments include:
Jan. 7 letter from Office of State Attorney
Nov. 17 letter, page 2 Ancel-Glick
Nov. 18 letter from Linda Moore
Jan. 4 Daily Herald article
Nov. 13 Pete Gonigam article
Nov. 6 Ancel Glick letter
When I asked the First Electric Newspaper’s Pete Gonigam if he had been interviewed by the State’s Attornedy’s Office, he said that he had not.
