State attorney general chides Danville panel
DANVILLE – The Illinois Attorney General's Office has found the city of Danville in violation of the Illinois Open Meetings Act for action taken at a public works committee meeting in April.
At the request of The News-Gazette, the attorney general's office looked into allegations that at an April 14 public works committee meeting, aldermen on that committee voted on several budget amendments and resolutions that were not included in the meeting agenda posted 48 hours in advance.
"A vote on any resolution not listed on the April 14, 2009, agenda ...was improper under the Open Meetings Act," wrote Assistant Public Access Counselor Heather Kimmons in a letter from Illinois Attorney General Lisa Madigan's office to Danville city officials dated Tuesday.
In remediation for the city's violation, the attorney general's office recommended that the Danville City Council complete Open Meetings Act educational training and referred the issue to the Vermilion County state's attorney for review and to determine if further action is warranted.
Mayor Scott Eisenhauer said Wednesday night that the city has not received a letter from the attorney general's office notifying them of the violation. Eisenhauer said he would reserve any comments until the letter is received and the attorney general's findings can be reviewed.
Kimmons wrote in the letter that the city's public works committee voted on six finance resolutions that were specified in the meeting agenda that was properly posted 48 hours in advance, but it also voted on 14 finance resolutions not mentioned in the agenda.
The letter refers to the public policy behind the Illinois Open Meetings Act stating that "citizens shall be given advance notice of the right to attend all meetings at which any business of a public body is acted upon in any way."
And Kimmons continues: "Furthermore, the Act makes clear that it applies to all public bodies, including committees and subcommittees, which are supported in whole or in part by tax revenue or which expend tax revenue."
In response to the attorney general's office, Danville city officials maintained that any action taken at public works committee meetings is only a recommendation to the full council, and "final" action on items wouldn't be taken until a week later, when the entire city council would be able to vote on the same resolutions.
But Kimmons wrote that committees generally serve as investigatory and fact-finding arms of the full board or council.
"Oftentimes, appreciating that an issue assigned to committee has been examined, reviewed, and discussed thoroughly by that committee, a full board or council will hold minimal debate/discussion on the same once it comes before the larger body, relying upon the recommendation received," wrote Kimmons, who then referenced the Illinois Open Meetings Act.
"It is the public policy of this State that public bodies exist to aid in the conduct of the people's business and that the people have a right to be informed as to the conduct of their business," her letter stated.
Kimmons wrote that "if the public is not adequately involved at the committee level, its opportunity to be fully informed at the Council level may well be compromised, if not lost altogether."
The letter also explains that, according to the act and case law, items not listed on a meeting agenda can be brought up by the public body and discussed, but action cannot be taken.
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