Oswego School Board Officially Rebuked for Meetings Act Violations
Kendall County State's Attorney Eric Weis reminds board that there are both criminal and civil remedies to enforce provisions of the Open Meetings Act.
The Oswego District 308 School Board has received an official response from Kendall County State's Attorney Eric Weis over violations of the Open Meetings Act from this spring.
The board reported to Weis in April that it had neglected to tape record five closed session meetings held April 14, 16, 19, 20 and 21 to hire new district administrators.
The Illinois Open Meetings Act requires public bodies to audiotape or videotape all closed meetings.
Weis wrote in the letter released Thursday that the state must now determine what, if any, legal action should be taken for noncompliance.
He did note that the board self-reported the violations once realized and that the purpose of the closed meetings was permitted under the Act. Weis also wrote that for some of the closed sessions, "Board members made the effort to record the closed sessions as required by the Act even though they were unsuccessful in obtaining the verbatim recording."
Weis wrote that what concerns him is that this is not the first time District 308 has violated the Open Meetings Act.
"The Oswego School District 308 Board has a history of violations which is concerning to this Office," he wrote. "While some members are new to the Board, others have been present when these past violations have occurred."
The purpose of the Open Meetings Act is to ensure that public bodies make information available to all persons.
"This obviously cannot occur unless the Board complies with the Open Meetings Act," wrote Weis.
Human error is possible, said Weis, and could have led to the unintentional violations of the Act. However, in the case of the April 14 meeting, no recording equipment was even present, leading Weis to say that the Board did not remember recording equipment or intentionally forgot.
"It is important to remember that the Open Meetings Act sets forth both criminal and civil remedies to enforce the provisions of the Open Meetings Act," wrote Weis. "These provisions should reinforce to the Board that violations of the Open Meetings Act carry potentially serious consequences including monetary fines and incarceration."
Consequencs can be avoided by compliance with the Act.
The school Board, in a letter written to the State Attorney’s Office on Aug.15, has agreed to the following conditions in an effort to resolve matters before litigation:
- All members of the Board must read the Open Meetings Act and sign an acknowledgement that they have complied with this requirement. Any new Board member will complete this requirement within 30 days of taking office. A copy should be provided to the State’s Attorney’s Office.
- Each Board member shall complete the Illinois Attorney General Open Meeting Act online training and provide proof of successful completion on an annual basis. Any new Board member will complete this requirement within 30 days of taking office. A copy should be provided to the State’s Attorney’s Office.
- Two recording devices shall be operational during all closed sessions of the Oswego School District 308 Board for a period of one year from the date of this letter.
- The Board must ensure that a trained member of the Board or a trained member of staff shall be present to ensure that the recording devices are working properly and have recorded the meeting. A list of those individuals trained in the use of the recording devices should be on file with the District.
- Each member of the Board shall complete an additional one-hour training by their attorney on the Open Meetings Act. The material must be approved by the State’s Attorney’s Office. This training shall be completed with 90 days from the date of this letter. Any new Board member will complete this requirement within 30 days of taking office. A copy should be provided to the State’s Attorney’s Office.
Weis’ office also recommends that an attorney of the board’s choosing be present at all open and closed meetings for a period of a year.
The Kendall County State’s Attorney’s Office will be monitoring the Oswego School District 308 Board for the next year to ensure compliance with the terms in the letter and any future violations, Weis wrote.
Tom Woods
6:43 am on Friday, August 24, 2012
Hmmm. Interesting.
Kelly
7:39 am on Friday, August 24, 2012
I have a lovely "boom box" from the 1980s that still works like a charm for recording that I would be happy to lend it to the board. What we have elected here are a bunch of untrustworthy people or people who don't know how to work a simple recording device. Either way, it's a sad state of affairs.
russ harrison
10:19 am on Friday, August 24, 2012
Kelly, the same problem and violation occurred under the old board also, so calling the newly elected board untrustworthy is calling the old board untrustworthy as well. At least this board self reported when they discovered the error, so you can hardly call that untrustworthy
. "Techno-challenged" when it comes to using recording devices might be a more suitable label.
Kelly
10:44 am on Friday, August 24, 2012
Ha ha. Yep, I remember that the old board had that "problem" too.
JimmyJ
6:16 pm on Friday, August 24, 2012
I'm not sure about this board but when this happened last time, it was revealed that there was a recording secretary in the room and that recording secretary was also the same recording secretary you see at the open sessions. That person at that time is not the BOE Secretary, it was a district employee I believe it used to be Dr. Behlow's secretary. It's been awhile since I attended a board meeting but if they still follow that procedure, while you may not like the current BOE, there is/was a paid employee of the district whose job it is to take those notes, they do it all the time, so you would think that person would be aware of the need to record. It sounds like they no longer use that procedure.
Jim Agema
8:59 am on Friday, August 24, 2012
I think that both a video recording and an audio recording of these meetings should be required as law. Video would show any type of "sign language" trying to be used should a person want to by-pass/avoid audio being recorded.
Rhonda
9:17 am on Friday, August 24, 2012
#6 The attorney fees will be paid from each board members salary and not from taxpayers!
OUCH! Teach them a lesson!
Travis McGee
10:42 am on Friday, August 24, 2012
Amen!!! I doubt that the costs will amount to more than $100 per board member, but THEY messed up and THEY should have to pay for their own "Additional Training." And what will the training consist of? Step by step instructions of how to operate a tape or digital recorder?
MET
5:34 pm on Friday, August 24, 2012
Yes, Rhonda...AGREED
mike ellison
11:57 am on Friday, August 24, 2012
They violated the open meetings act FIVE times in a row! Think about how that would have happened. The first time would have been understandable because it would have been the first time that they became aware that their recording equipment wasn't working.
But does anyone actually believe that they tried to record these 5 meetings and never listened to the tape? And when they did realize that nothing had been recorded for those five meetings it was miraculously after the last session they had? Some of the board members were on a prior board were violations also occurred.
Fine them big time and kick them off the board. And how do you go into a closed session with the knowledge that the recording equipment is even in there! This is BS. They intentionally failed to record those meetings.
JimmyJ
6:30 pm on Friday, August 24, 2012
Mike, what about the recording secretary who is a district employee...they should know the rules too...
Katra Knoernschild
7:50 pm on Saturday, August 25, 2012
"in the case of the April 14 meeting, no recording equipment was even present, leading Weis to say that the Board did not remember recording equipment or intentionally forgot."
During the next meeting, the recording chip was missing. The following 3, they weren't properly recording the mtgs. No administrative staff was present at any of the 5 mtgs.
I was present at the meeting on the 20th. Initially the only outside person there, I questioned the board during public comment about NOT having district staff present, particularly the secretary & superintendent. I asked if I was being recorded, and if ALL meetings prior were recorded, I was told with certainty that they were. The only other people in the room were board members. There was no indication that they expected public there (sign-in sheets, etc). Later that evening, two other people joined to wait in the hall, during closed session, with one leaving before open session. We witnessed two other people go in and out of the closed session (non-district staff), and two breaks occur.
When open session was called, we went in to hear the vote on an employment contract for the new Asst. Superintendent of Finance (hoping to meet him then, he wasn't there). The Board President also withheld the name and contract details from the public that night, advised by the board atty, despite a ratified contract.
JimmyJ
9:00 pm on Saturday, August 25, 2012
Katra, that's interesting. I'll admit I think the last BOE meeting I attended was one of the last when Lynn was president, I have attended meeting when Andy Young, Dave Behrens and Joe Guinnane were President and there ALWAYS was a recording secretary (district employee and usually it was the Superintendents personal secretary) present at the open portion, the audience would be asked to leave for the closed and that secretary stayed in the room. Former BOE members have told me in roughly that the closed session generally deals with specific dollars and cents of a contract or student expulsion hearing, etc. I wonder why now there is no recording secretary? Is there one present in the open meetings? There always was a table with copies of the agenda and a sign in sheet for they public. I know it's easy to put the blame on the new members who seem to be very unpopular BUT there are three veterans, two (Lynn and Dave) are well experienced and Dave is the most at what 12 years service some of that as President? Surely he of all people knew that the closed meetings had to be recorded. This is what I'm saying, if those three don't particularly care for the new 4, maybe the didn't say anything on purpose. If I hadn't been here as long as I have and seen some of the stuff I have I wouldn't say that. But around here....
texson68
1:08 pm on Friday, August 24, 2012
This board ignores the rule of law, runs off its good leaders, and spends money like drunken frat boys.
When are they up for election or is a recall needed?
JimmyJ
6:29 pm on Friday, August 24, 2012
Well Cullick, Pasteris, Behrens and Scaramuzzi terms expire in 2013 and Walsh, Swanson and Lightfoot expire n 2015 so it seems that those most folks take issue with will be serving for a bit longer. There is no provision for recall that I am aware of. Also there usually is a lack of qualified candidates, I would submit that qualified means a person with some financial background with LARGE budgets....folks who mean well really don't have the background to grasp a multimillion dollar budget, they end up relying of the administration and that is how we got where we are now. Barring those types of folks willing to take the wrath of the community for every single decision, right or wrong, for no pay, the next most experienced people are those serving.
john
3:44 pm on Friday, August 24, 2012
when are they going to act on the convicted drunk at old post?
He lost respect of the kids and parents how can he come to work every day knowing that what he says will go in one ear and out the other . If charactor counts he should take it on the chin and quite. where is madd about this I know 308 board is asleep maybe madd can shed some light on this problem! before he kills some kid.
Laura Bee
4:02 pm on Friday, August 24, 2012
I'm very curious to know what decisions were made during these events. This was not an accidental error........Quite intentional.
All board meetings in any district should be accessible online live and by date by digital video. There should be zero secrets and a habit of keeping information transparent and available at all times. This method will keep residents informed and districts honest, which is absolutely key.
JimmyJ
6:18 pm on Friday, August 24, 2012
Laura, the BOE goes into closed session typically to discuss personnel issues and issues related to student discipline and it is allowed by law. However they are to be recorded and eventually they do post the minutes of the previously closed sessions on the website.
JimmyJ
6:24 pm on Friday, August 24, 2012
I just checked the D308 website and on the Board page there are a set of closed session minutes posted and if you look through them they do indicate there was a recording secretary present and who it was, it was a district employee. So again, even if the board was ignorant of the requirements of the open meetings act, the district employee assigned as a recording secretary should also be held accountable.
Dan
8:55 pm on Friday, August 24, 2012
I believe when this issue came to light, it was noted that the board had instructed the district employees not to come to the meetings.
JimmyJ
9:57 pm on Friday, August 24, 2012
Well that's an interesting change. Usually when you go to one of the meetings, the lady that calls the role is the recording secretary and she keeps the minutes, when they have gone into closed session, the public leaves the room and she stays in and keeps those minutes. I haven't been to a meeting with this new board and they still met at OHS the last time I was there so their procedures may have changed. I have to go back and look if these most recent meetings were closed sessions of a regular meeting or if they were special meetings or working sessions. If they went into closed session and asked their own recording secretary to stay out, that raises some serious questions. When this first came up I commented that this was not the first BOE to run afoul of the rules and that Behrens for sure and I think Cullick were on the board the last time this happened so surely they must have known. Did they forget or did they not say anything on purpose knowing that the officers would catch hell?
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