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State's Attorney Investigating Possible Open Meetings Violations by School Board

Kendall County State's Attorney Eric Weis said a school board member reported the incidents last week.

 

Kendall County State’s Attorney Eric Weis has launched an investigation into possible violations of the Open Meetings Act by the Oswego School District 308 board.

Weis said Monday morning he was contacted last week by phone by a member of the school board who wanted to report the possible violations stemming from unrecorded closed session meetings from April 14, 16, 19, 20, and 21.

Weis would not say which member contacted him, but revealed the school board followed up with a letter Friday asking for an investigation. Weis said one member of the public had also contacted his office about the violations.

“It’s a little unusual to have the government body actually be the one to contact us in something like this,” Weis said.

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. The closed session meetings were held to interview candidates for open administration positions within the district. Minutes of those meetings were taken by Walsh and will be presented for approval at Monday night's meeting, scheduled for 7 p.m. at Oswego East High School

Weis said he doesn’t anticipate a lengthy investigation, as the school board reported the incident itself. As for what kind of punishment could be expected, Weis said unintentional violations of OMA don’t carry the same weight as intentionally skirting the law.

“Generally we just try to make sure the same problem doesn’t happen again,” he said. “We just want to make sure corrective actions are taken.”

Weis said his office will issue a written opinion on the investigation at its conclusion. 

Related Topics: Bill Walsh, Eric Weis, Open Meetings Act violations, and Oswego School District 308

Richard R

11:58 am on Monday, May 7, 2012

Boy if only they could end the investigation and drop the charges on a guy protecting his wife just as fast, into the Kendall County Sheriff pulling his weapon .
And I think this would be fitting to the Oswego Walmart case too.

“Generally we just try to make sure the same problem doesn’t happen again,” he said. “We just want to make sure corrective actions are taken.”
Weis said his office will issue a written opinion on the investigation at its conclusion.

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Karin McCarthy-lange

2:00 pm on Monday, May 7, 2012

As I said to the board on Thursday night, we are all human and make mistakes. I could understand how this could happen once or even twice but for five consecutive meetings where the only person taking notes is the board president - this is completely unacceptable! (And no, I wasn't the one who called Mr. Weis.)

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Jane Enviere

2:34 pm on Monday, May 7, 2012

And so, all in all, we have a self-report in an attempt to mitigate the negative PR and they'll be told, "Yeah, you were wrong." And then what?

Nuthin. Big fat waste-o-time.

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Travis McGee

2:38 pm on Monday, May 7, 2012

What are the penalties that a public body may incur if it violates the Open Meetings Act?
Criminal Penalties: Under the law, a State’s Attorney may bring a criminal action for a violation of the Open Meetings Act. A violation of OMA is a Class C misdemeanor, which is punishable by up to 30 days in jail and a fine of up to $1,000.
Civil Penalties: In a civil lawsuit for a violation of OMA, a court may take a number of actions, including (1) ordering a public body to conduct an open meeting, (2) granting an injunction against future violations by the public body, (3) ordering the public body to make available to the public the minutes of a closed meeting, (4) declaring null and void any final action taken at a closed meeting in violation of OMA, or (5) awarding any other relief that the court deems appropriate. The court also may require the public body to pay the attorney’s fees and costs of the person who filed the civil lawsuit alleging the OMA violation.

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Travis McGee

2:43 pm on Monday, May 7, 2012

So were there any activities where a final action was taken during any of those closed-meetings where a civil suit could be made to have a court declare said actions null and void under provision 4? Seems to me that they interviewed the new Asst. Superintendent. Could we take steps to make his hire, and the outrageous salary increase that goes with him, null and void?

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Henry T

8:21 am on Tuesday, May 8, 2012

generally you can't take 'final action' in executive session or a closed meeting you have to return to regular session to vote.

Judith Vogt

3:05 pm on Monday, May 7, 2012

It seems to me it is time for the taxpayers to stand up for their rights and make these people all resign. Wait till you Kendall county residents get the bill for this. Try 6.6 % this time. Another 14% increase. Have you had enough.

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Jean

8:10 am on Tuesday, May 8, 2012

HA! That was from the previous school board!! Thank goodness this school board is cutting costs!

Rachelle Stoller

3:29 pm on Monday, May 7, 2012

The School Board meets tonight at 7pm in the OEHS Community Room. Give them your appraisal of their work to-date. Remember, these folks work for you.

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Angela DeBolt

5:05 pm on Monday, May 7, 2012

So is cost savings the only criteria we consider when evaluating a school board? District 308 is considered one of the best school districts in the nation. At a time when American students are being out performed by other OECD countries one would think we would want to balance cost with quality. I don't think making employment decisions without input from the school administration can be considered quality in any realm. Neither can the boards inability to record not 1 but 5 meetings.

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Jane Enviere

9:13 pm on Monday, May 7, 2012

One of the best school districts in the nation? Where are you getting this?

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John

8:06 am on Tuesday, May 8, 2012

According to schooldigger.com Oswego is ranked as the 275 best school district in IL out of 777. Average ACT in Oswego is 21 statewide 20.6 according to Chicago Tribune. Our schools are average and no better. I wish our tax rate was reflected in our numbers but it is not.

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Robyn Vickers

8:18 am on Tuesday, May 8, 2012

I believe we're ranked nationally for high school AP classes. I can't remember the distinction ( students, participation, grades, etc.) There was recognition of it at a BOE meeting this year.

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Jane Enviere

9:14 am on Tuesday, May 8, 2012

Exactly, John. They are generally adequate. It's disingenous to suggest we are "one of the best in the nation".

Oswego 1969

5:34 pm on Monday, May 7, 2012

These people (the board) are either complete idiots or liars.

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gater

6:59 pm on Monday, May 7, 2012

my family has had to make cuts in our budget to make ends meet so if MR O MALLEY has to make cuts in the school budget o well get use to it .let the parents pay for bus service and sports and all of the rest of the extras after school

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Loreta J.

1:25 pm on Wednesday, May 9, 2012

I have to believe that a portion of the $6,000 in taxes for schools out of the $9,000 total tax bill we received goes to pay for transportation. So we are paying for transportation already. We also pay a fee for the sports our kids play, plus a multitude of additional fees. Somehow the funds are mismanaged. Either it's truly the State of Illinois that is so bankrupt and has destroyed any hope or funding for public schools, or the School Board has mismanaged in some way. I don't claim to know for sure. I will say, that we are in this mess, and these are the current proposed solutions, and so I guess I'd rather have the school hours changed by 5 or 10 minutes and make adjustments to some bus routes, over cutting programs such as sports or music. I believe they are truly looking at options that would avoid impacting these types of programs that are core to kids development, socialization, etc. It is ridiculous that we are even in this mess, but we are, so I guess I'm thankfull that at least right now, no opportunities for learning and enrichment will be lost.

onetiredpuppy

2:15 pm on Tuesday, May 8, 2012

Don't be fooled... They payed O'Malley an added $40,000 over his predecesor because they were afraid to lose "their candidate of choice". He hade that much in his previous district and would have not taken a pay cut to come here.

Be real... If they were so afraid to lose a "good" candidate, why did they lose all the other quality administrators that have departed in the past three years? Because they were not willing to pay for their quality of service? Clearly, other districts felt that they were outstanding administrators and swept them from under our rug.

Just to make a head count, in the past three to four years whe have lost (and this is in no particular order): K. Monn - Assist. Sup. for Finance to Batavia, D. Ringelestein - Director of Tech to West Aurora, K. Lipke - Principal to Pontiac as Superintendent, R. Segarra - Director of ELL to Indian Prairie, J. Ricken - Principal to Indian Prairie, M. Neahring - Director of Student Services to West Aurora, E. Howerton - Principal to West Aurora as Asst. Superint., T. Murphy - Principal to Gower, J. Schmitdgal - Asst. Principal to Indian Prairie.... Should I continue?

All of these administrators left because someone else valued them more than we did. Seems to me, you pay your "good guys" to keep them instead of training them to become someone else's success stories.

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Julie DiCaro

10:27 am on Wednesday, May 9, 2012

This BOE is complete and total clown shoes. I love that the people who put them in office love them because they cut costs and that's the only thing considered. Meanwhile, our children continue to suffer at their hands. What a mess.

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Dan

9:08 pm on Thursday, May 10, 2012

"Weis would not say which member contacted him, but revealed the school board followed up with a letter Friday asking for an investigation" This statement has been bothering me a little bit. I don't understand how the the School Board can issue a letter asking for an investigation without a public meeting? Doesn't this require the members of the school board to meet (electronically, by phone etc.) and discuss, write. Isn't this another violation of OMA? This letter in particular doesn't bother me as much as the idea that the school board may be routinely meeting and discussing other matters "off the books" as the preparation of this letter suggests they may be doing. @stevenjack can you ask the board or the Mr. Weiss how the board can draft a letter without conferring or meeting? Seems another violation.

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