District 308 Board Hears Report on Open Meetings Act Violations
Kendall County State's Attorney Eric Weis has laid out a plan of corrective measures after spring recording errors.
The Oswego District 308 School Board recently has been in negotiations with 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. District attorney Karl Ottosen reported to the board Monday night that he and board president Bill Walsh recently had met with Weis to discuss the violations and a further course of action.
The Illinois Open Meetings Act requires public bodies to audiotape or videotape all closed meetings.
Ottosen revealed the April 14 meeting went unrecorded because a recorder was not at all present. At the second meeting, a digital recording card was not in the recorder, and at the remaining meetings board members believed the device was recording when in fact it was not.
“I made a mistake. I recognize that, and I take that seriously,” Walsh said Monday night. “We’ve taken the necessary steps to correct the mistakes.”
Ottosen said Weis laid out several recommendations to ensure the board did not violate OMA again. The number of steps Weis outlined was due in part to numerous violations of the District 308 board dating back many years, Ottosen said.
Contacted Tuesday, Weis said he would not comment on the matter until the issue was considered closed. At that time, a written opinion would be released, Weis said.
Ottosen said Weis is recommending the following corrective actions:
- Someone must be present at all board meetings who knows how to operate the recording device.
- All board members must read the Open Meetings Act and sign a form attesting to that.
- All board members must take an annual training provided by the Illinois Attorney General’s office. The board’s attorney must also provide an annual training approved by Weis.
- Weis also recommends that an attorney be present at all board meetings, Otteson said.
All board members have now completed the required annual training, according to Ottosen, and the matter should be closed in the coming weeks.
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Russell Pietrowiak
9:54 am on Wednesday, August 1, 2012
These findings seem to contradict some of what had been stated by the Board (specifically the board President) back when this was first reported. That there was a violation is indisputable now. To attribute it to human error seems highly questionable though. It seems that blissful ignorance of the law is what this was, which is not a valid defense. I certainly would like to know if some of the more experienced board members pointed out that the board was violating the open meetings act at the time or was nothing said. It would be nice to hear from the board if there were any discussions regarding the open meetings act prior to or during these meetings.
These findings only reinforce the notion that this board is acting in a manner that gives the appearance that it knows better than everyone else and that it doesn’t need to have anyone else involved. Clearly the State’s Attorney thinks otherwise and I hope that what is reported here in fact is the course of action that the board will be required to follow.
Jane Enviere
10:11 am on Wednesday, August 1, 2012
Yawn...Open Meetings Act 101 with a teensy bit of contrition thrown in for good measure.
JimmyJ
8:53 am on Thursday, August 2, 2012
This isn't the first time this has come up with an Oswego School Board. So what's the real story. Maybe a review of the Open Meetings Act should take place the first day they are elected. Or maybe they need to provide a signed statement of their understanding of it along with their nominating petitions
Pat Butler
12:06 pm on Thursday, August 2, 2012
5 closed sessions weren't recorded? That's impossible to believe that it was an accident. It only makes sense for someone to review the tape after a meeting, if only playing back a few parts of it to make sure it recorded audio. If that person noticed that the meeting wasn't recorded then they'd be super viligent with subsequent meetings. But to believe that no one even attempted to see if audio was being recorded for 5 closed sessions really convinces me that it was intentional.
This will continue to happen until there are fines and jail time for the offenders. These violations have been happening for years, yet the States Atty office fails to follow through with penalties so they will continue in the future.
Katra Knoernschild
1:08 pm on Thursday, August 2, 2012
According to the article above, the board president didn't even take the recorder to the first of those 5 special meetings. Which means he misled the public when he claimed human error in operating the device.
"School Board President Bill Walsh said last week recordings of the meetings weren’t made (as required by the Illinois Open Meetings Act) due to human error with the recording device."
http://oswego.patch.com/articles/state-s-attorney-investigating-school-board-open-meetings-violations
In addition, he didn't have the SD card in the recorder for the 2nd meeting. I have a copy of the recorder instructions. They include written, visuals and notations on operating the device, as well as specific visual on how to remove the SD Card in order to give it to the District Secretary for a CD to be made. The entire instruction sheet is one page, and very basic.
I'm amazed that he is still on the board, let alone Board President after this. He took responsibility, failed, then lied to the public about it.
How much is the new board attorney costing the tax payers?
Tim
1:10 pm on Thursday, August 2, 2012
You(the residents) keep electing people who treat these offices as their own little kingdom.
This board is not the slightest bit interested in what you think, they quite clearly have their own plans that don't involve such silly things as 'rules'.
JimmyJ
8:35 pm on Thursday, August 2, 2012
Ok so lets make it the fault of the President. Do you all realize that both Dave Behrens and Lynn Cullick were sitting on the Board the last time they got in this jam. So neither of them could have asked about the recorder, surely they knew since they had been through it before or did they keep quite on purpose? Also is there are recording secretary in the room? The one in public meetings is a district employee you mean to tell me that person was unaware of the need to record it?
texson68
3:49 pm on Sunday, August 5, 2012
This board is losing the support of the people of Oswego. Elected on the promise to kill the third high school, the solution, spend the same amount or more to expand two already crowded buildings to 3,000 or more students. How is this good for students?
So no one present was smart enough to push the record button or speak up and say we should not meet? Once shame on you, twice shame on me, more than that you must think people are stupid. Elected officials have a sacred trust given to them by the people. Violate that trust and you should step down in order for someone more honorable and accountable to take the lead. Sorry does not cut it.
Aside from violating the law, how can this board explain the mass exodus of high level leadership? In the Marines when leaders jumped ship it was because the ship was going down.
There are lots of tough questions I would like the President (leader) of this board to address and answer honestly. For the multiple violations of the law the leader should resign. This board should take up the responsibility of providing for the education of our children and stop playing politics and hiding from public scrutiny.
Julie DiCaro
6:30 pm on Sunday, August 5, 2012
Losing? It lost the support of parents of Homestead a long time ago. We can't wait to vote them out.
Julie DiCaro
6:31 pm on Sunday, August 5, 2012
BTW, if you have a child attending Murphy Jr. High next year, we've started a private FB group. You can send a request top join to: facebook.com/groups/MurphyJrHighKids
Donna Thill
3:06 pm on Monday, August 6, 2012
So as 308 teacher s begin yet another school year without a current contract, remember just how much the BOE (fiscially responsible new BOE members) is paying out of the coffers for search firms, new DAC administrators, without needing salaries raised bc qualified candidates were already applying, and not attorney fees are being shelled out bc of 5 meeting violations that are said to be all "accidental and human error." Lots of teacher salaries and paraprofessionals could be hired with this fiscal brand of responsibility.
ayar
11:02 am on Monday, August 13, 2012
Donna, did you see the recent august 9 Ledger-Sentinel FOIA releases with the "raise" the new administrators are making ? why do they get free car allowances, and free health care while teachers have to pay in ? - like you said, fiscal responsibility....I've got to get a type 75 certification, it's better than lotto. $wow$....
Doug Collie
8:20 am on Saturday, August 18, 2012
When you elect officials solely on the premise of cost cutting these are the types of "oversights" that take place. Granted, sitting on a school board is no easy task but when you have made cutting costs your directive every move you make is scrutinized heavily and looked at with the same narrow focus; how much did it cost? This board needs to begin to make decisions based first on the quality of the education that is being provided and second how to be fiscally responsible with said decisions. Oh yes, make sure they record all of it so we know about it.